Rights of the Girl Child in India: Struggle for existence and Well-Being [1 ed.] 9353882842, 9789353882846

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RIGHTS OF

the GIRL

CHILD IN INDIA

Struggle for Existence and Well-Being

Nitu Kumari

SAGE was founded in 1965 by Sara Miller McCune to support the dissemination of usable knowledge by publishing innovative and high-quality research and teaching content. Today, we publish over 900 journals, including those of more than 400 learned societies, more than 800 new books per year, and a growing range of library products including archives, data, case studies, reports, and video. SAGE remains majority-owned by our founder, and after Sara’s lifetime will become owned by a charitable trust that secures our continued independence. Los Angeles | London | New Delhi | Singapore | Washington DC | Melbourne

Copyright © Nitu Kumari, 2020 All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system, without permission in writing from the publisher. First published in 2020 by SAGE Publications India Pvt Ltd B1/I-1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044, India www.sagepub.in SAGE Publications Inc 2455 Teller Road Thousand Oaks, California 91320, USA SAGE Publications Ltd 1 Oliver’s Yard, 55 City Road London EC1Y 1SP, United Kingdom SAGE Publications Asia-Pacific Pte Ltd 18 Cross Street #10-10/11/12 China Square Central Singapore 048423 Published by Vivek Mehra for SAGE Publications India Pvt Ltd, typeset in 10/12.5 pt ITC Stone Serif by AG Infographics, Delhi. Library of Congress Cataloging-in-Publication Data Names: Kumari, Nitu, author. Title: Rights of the girl child in India : struggle for existence and well-being / Nitu Kumari. Description: Los Angeles : Sage, [2020] | Includes bibliographical references and index. Identifiers: LCCN 2020003119 | ISBN 9789353882846 (hardback) | ISBN 9789353882853 (epub) | ISBN 9789353882860 (ebook) Subjects: LCSH: Girls—India. | Girls—India—Social conditions. | Girls—Legal status, laws, etc.—India. | Children’s rights—India. | Women’s rights—India. Classification: LCC HQ777 K86 2020 | DDC 305.230820954—dc23 LC record available at https://lccn.loc.gov/2020003119

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Contents

List of Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix Introduction ������������������������������������������������������������������������������������������ 1 Chapter 1. Defining Childhood: Debate over Age and Rights ������ 16 Chapter 2. The Status of the Girl Child: An International Concern ������������������������������������������������������������������ 34 Chapter 3. The Girl Child as a Vulnerable Segment in India: Causes and Consequences�������������������������������������������������������������� 76 Chapter 4. Law and Legal Discourses: Welfare and Protection of the Girl Child��������������������������������������������������������������104 Chapter 5. Cultural Relativism and Violation of Human Rights of Girls and Women������������������������������������������������149 Conclusion����������������������������������������������������������������������������������������175 References����������������������������������������������������������������������������������������190 About the Author������������������������������������������������������������������������������203 Index��������������������������������������������������������������������������������������������������204

List of Abbreviations

ATMG BBBP BPL CAC CEDAW

Anti-Trafficking Monitoring Group Beti Bachao Beti Padhao Below poverty line Central Advisory Committee Convention on the Elimination of All Forms of Discrimination against Women CMRA Child Marriage Restraint Act CRC Convention on the Rights of the Child CSA Child sexual abuse CSR Child sex ratio CSW Commission on the Status of Women DFID Department for International Development DPEP District Primary Education Programme ECOSOC Economic and Social Council EFA Education for All EGM Expert group meeting EPI Expanded Programme on Immunization FGM Female genital mutilation/cutting GDI Gender Development Index GII Gender Inequality Index GOI Government of India ICCPR International Covenant on Civil and Political Rights

ICDS ICESCR

Integrated Child Development Services International Covenant on Economic, Social and Cultural Rights ICPS Integrated Child Protection Scheme ICRW International Center for Research on Women ILO International Labour Organization IMA Indian Medical Association IMNCI Integrated Management of Neonatal and Child Illness INA Immigration and Nationality Act INGO International non-governmental organization IPC Indian Penal Code IPEC International Programme on the Elimination of Child Labour JNU Jawaharlal Nehru University JSS Jan Shikshan Sansthan KGBV Kasturba Gandhi Balika Vidyalaya M&E Monitoring and evaluating MCI Meena Communication Initiative MDGs Millennium Development Goals MHRD Ministry of Human Resources Development MLL Minimum Levels of Learning MWCD Ministry of Women and Child Development NCCTC National Cold Chain Training Centre NGO Non-governmental organization NRHM National Rural Health Mission PCMA Prohibition of Child Marriage Act PIB Press Information Bureau PNDT Act Pre-Conception and Pre-Natal Diagnostic Techniques Act POCSO Protection of Children from Sexual Offences Act RTE Right to Education SAARC South Asian Association for Regional Cooperation SABLA Rajiv Gandhi Scheme for Empowerment of Adolescent Girls SCs Scheduled castes SDG Sustainable Development Goals

x  Rights of the Girl Child in India

SIDA

Swedish International Development Cooperation Agency SIS School of International Studies SNCUs Sick newborn care units SOP Standard operating procedure SSA Sarva Shiksha Abhiyan STD Sexually transmitted disease STs Scheduled tribes UDHR Universal Declaration of Human Rights UIP Universal Immunization Programme UNCHR United Nations Commission on Human Rights UNCRC United Nations Convention on the Rights of the Child UNESCO United Nations Educational, Scientific and Cultural Organization UNFPA United Nations Population Fund UNGEI United Nations Girls Education Initiative UNHRC United Nations Human Rights Council UNICEF United Nations Children’s Fund UNIFEM United Nations Development Fund for Women UNODC United Nations Office on Drugs and Crime UNPR UN Peer Review UPR Universal Periodic Review WASH Water, sanitation and hygiene WB World Bank WGHR Working Group on Human Rights in India WHO World Health Organization

List of Abbreviations  xi

Introduction

Girls and women are an integral part of society. However, various social and cultural phenomena undermine their vital contribution to society and marginalize them from mainstream sociocultural existence. This marginalization makes them vulnerable in a male-dominated society. Patriarchal inheritance creates a male-dominated society and an atmosphere where women and girls are least acknowledged. Least participation in the formulation of sociocultural norms, and discriminatory religious and social beliefs create very challenging conditions for girls and women. It is very difficult for them to raise their voices against this exploitative nature of society. The girl child faces many difficulties and this needs more attention as women empowerment is not possible without the empowerment of the girl child. This book is an attempt to trace the root cause of the problems associated with the most vulnerable section of the society, that is, women as a whole and the girl child in particular. The main idea is to bring forward regional variations of this problem, how problems of the girl child became an international issue and called for efforts of the international community to find a universal solution. Since this book is primarily intended to address the issues of women, the issues of the girl child become more evident. An in-depth inquiry into the marginalization of women in society leads to the reason behind the vulnerability of the girl child at the initial stages of life. This book views itself

as an integral part of the global and regional discourse on the issues of the girl child, child rights and human rights, along with the national and international initiatives for the welfare and development of the girl child. It underlines the international ongoing debates and current reflections on the issues of the girl child and women. Necessity and desirability of the deliberation on girls and women’s issues and programmes and policies that address the challenges of these sections are also important subject matters of this book. To begin with, this book traces the historical roots of women and girls’ position in society. It starts with the difficulties of children and how children become more vulnerable at the time of war and conflict as they are unable to defend themselves. The debate and deliberations over the age of the child are discussed and it also explains the need for children’s identification as independent rights holders. After the discussion of challenges related to children, it explains the girl child’s peculiar problems, which make them so vulnerable. Then it discusses how the issues of the girl child are not merely regional or national; the marginalized position of women and girls is present in almost all societies across the world. As this is a global issue, it needs the attention of the international community and a collective approach with which this matter can be countered at the grassroots level. Many national and international books raise the issues of vulnerable sections such as issues and challenges of tribal women, black women and refugee women. This book’s aim and objective is to trace the issues and challenges of the girl child and women in various sectors as they are vulnerable in every section of society. In this context, this book traces the history of international approaches to raise the issues of the girl child at an international level. It highlights the international conventions, treaties, declarations and norms set for children’s welfare and development. It also emphasizes the implementation of these norms and challenges. This book can be used to understand and trace the world community’s role in women and child welfare and development. The role of the League of Nations and that of the United Nations (UN), two of the world’s most important international organizations, 2  Rights of the Girl Child in India

in the inclusion of all sections together and promotion of equal rights and opportunity for all is worth mentioning. Collective security, that is international peace and security, is the basic tenet of the UN Charter; in this context, this book upholds the fact that without the upliftment of girls and women, the world cannot be secure and peaceful. Readers who are interested in gathering information about the peculiar challenges of girls, about international norms and standards, as well as international conventions to protect and promote the rights of girls and women, can be benefited from this book. The role of states towards women and girls’ welfare is extensively analyzed in this book. It also covers the regional approaches to address the issues of girls and women. For instance, regional organizations, South Asian and African countries’ approach on the girl child protection. India is famous for its diversity; however, this diversity cannot be seen in the condition of women in the country. Almost in all states of India, the position of women is lower than that of men. Inferior position in a male-dominated society deprives women in various sectors; women and girls are marginalized from the main section of society. The socio-legal and judicial approach to address the issues of girls and women is extensively discussed in this book. In this context, this book is also very relevant for the readers who are interested in states and non-state policies and programme on the gender inequality issue. It has also discussed the dimension of human rights regarding harmful traditions against girls and women; international human rights seek to address the challenges faced by women and girls. In these aspects, this book is significant for those who have an interest in studying the human rights’ approach towards vulnerable segments of society.

The Conceptualization of the Child and Different Perspectives Chapter 1 consists of a detailed discussion on the concept of children and the term ‘children’ as defined by the various organizations. The definition of ‘children’ is one of the key Introduction  3

issues of deliberations in many national and international aspects. In many civilized societies, children are deliberated as the pride of their parents and the greatest asset of society (Alabi, Bahah and Alabi 2014). There are various perspectives regarding the concept of ‘child’. Biologically, childhood is the span of life from birth to adolescence. According to India’s Child Labour Prohibition and Regulation Act, (1986) ‘any person who has not completed his fourteenth year is considered as child’ (Government of India [GOI], 1948). Although this definition of children is given in the Indian context, it is to be noted that this is not the only concept of ‘child’ which is laid down by the government. For instance, the Juvenile Justice (Care and Protection of Children) ACT, 2015 states that all human beings under the age of 18 are considered as children. Along with this, the legal age of a person for marriage is recognized as 18 years for girls and 21 years for boys. If a girl or boy enters into marriage before the above age, then it is considered as child marriage. Besides these various identifications of children, generally, the GOI recognizes a person under the age of 18 as a child (GOI 2015).1 This segment also explains the international and national definitional contour of children. The UN, which is considered as the supreme organization of peace and security, also classifies the definition of a child differently. For instance, the UN in Article 3 of its initiative on Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (known as Palermo Protocol) states that a ‘child shall mean any person under eighteen years of age’ (OHCHR 2000). The recognition and conceptualization of child are based on various criteria, for example, child from wedlock, child out of wedlock, poor child, deprived child, uppercaste child, lower-caste child, migrated child, refugee child and so on. For instance, the Immigration and Nationality Act (INA) of the United States defines the term ‘child’ as an unmarried person under the age of 21 who is born in wedlock system or out of the wedlock system (Zhang and Associates, P. C. 2009). In this http://cara.nic.in/PDF/JJ%20act%202015.pdf (accessed on 24 March 2020). 1

4  Rights of the Girl Child in India

context, the government underlines that any person below the age of 21 years is considered a child. All the above concepts of a child are given by different actors and deliberations. After a long debate and different appeals about the definition of the child, this chapter elaborates on the international and regional approaches to raise the issues of children on the international floor making the problems of the child an international issue.

History of Deliberations over Child as an International Issue The First World War was a gruesome experience for all; however, it had the most damaging impact on children as they were vulnerable and defenceless. In these circumstances, many regional and international actors and scholars raised the issue that the least participated actors in war are the most affected by it, and the Geneva Declaration came in 1924 raising the concern of war-affected children. This chapter traces the historical development of the ‘child’ as an international issue. The League of Nations and the UN actively participated in the welfare aspects of children. Historic documents such as the Geneva Declaration (1924), Universal Declaration of Human Rights (UDHR 1948), UN Declaration of the Rights of the Child, (1959), International Year of the Child (1979), The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979), United Nations Convention on the Rights of the Child (UNCRC 1989) and all recent developments on child rights issue are discussed. This section explains and analyses these landmark conventions as well as their limitations on wider positive implementations. After these long deliberations, this chapter also explains various types of challenges of the child which are mainly present as vital subjects in these deliberations and how children became an international issue. Such as child labour, inadequate health, child trafficking, exploitation and violence against children. All these aspects were discussed by the World Health Organization (WHO), United Nations Children’s Fund (UNICEF), United Nations Educational, Scientific and Cultural Organization (UNESCO) and so on. These difficulties faced by Introduction  5

children make them vulnerable and they are easily victimized at the time of peace as well as of conflict. The chapter critically analyses the extensive involvement of the world community, why the issue of the ‘child’ still exists along with the various challenges and difficulties.

The Term: The Girl Child All these above concepts of the child are given by different actors and deliberations; however, one of the main and basic identities of the child is the one which is based on biological identification. The primary identity of a child is whether it is a male child or a female child; this is the biological or natural difference between the girl and the boy child. This difference took a negative turn when society and community created a wider drift between the girl child and boy child and deprived a certain group of children such as the girl child from various rights and participation. On account of these aspects, this book mainly focuses on societal norms and standards which conceptualize ‘child’ very differently, specifically the girl child. It also explains the different discriminatory concepts for the girl child which deprive the girls and women in society. Chapter 2 highlights and describes the various national and international initiatives taken to draw attention to the girl child’s issues and challenges. The girl children fight a constant battle for separate identity as they face various peculiar issues and challenges which need special attention. Trafficking for sexual slavery, forced marriage and forced pregnancy, and capturing women during war and conflict are very much prevalent. Household chores are generally associated with girls and women. The girl children have to grow with these phenomena and are considered as extra liability and burden. Teenage sexual intercourse, teenage pregnancy, rape, dowry, lower position in society—all of these issues play a vicious role in girls’ and women’s life. In these types of situations, girls need special attention from the international community to address their issues. 6  Rights of the Girl Child in India

Despite these peculiar challenges, global participation was achieved and the issues of the girl child were raised on an international floor. The girl child was never a topic of separate identity and importance; she was not paid much attention by the government or by thinkers until various conflicts and wars emerged at the global level. For instance, throughout the 1990s, the world suffered from many inter- and intra-state wars. These wars and conflicts made life for girls and women very difficult, and the girl child became one of the main victims of these conflicts. These situations increased the violation of human rights against women; during times of armed conflict, women and girls faced atrocities, systematic rape, forced pregnancy and forced abortion, in particular under the policies of ethnic cleansing (Beijing Declaration 1995, 7) In these circumstances, women and the girl child subjects became an important matter for the entire world. The international community identified female children as a vulnerable group and followed the UN decade for women, 1976–1985. Along with this in the following decade, the 1990s, the UNICEF also identified the girl child as the primary concern on account of their gender (Purewal 2014, 467). Many international human rights instruments discuss the discriminations against the girl child and are active on the violence against the girl child. However, they do not specifically address them as they come under the general group of ‘children’, ‘women’ or ‘disadvantage groups’ who suffer from discrimination (Goonesekere 2006, 3). These are some vital aspects which are deliberately discussed in this chapter along with the regional as well as international approaches. The next segment of this chapter explains about the deliberations’ recognition of the challenges faced by the girl child— which are not only the problem of any individual country or continent. The girl child all over the world faces similar kinds of problems which vary only in degree. The complications for girls are present everywhere in different forms such as desperate and forced female genital mutilation (FGM) in Africa; poverty-stricken child labour and child marriages in India; child prostitution in Thailand; honour killing in the Middle East;

Introduction  7

illiteracy and exploitation of the girl child in Latin America; or being unwanted in China (Berman and Jiwani 2002, 1–2). In this context, this chapter discusses the various problems of girls and women which affect the overall social, political and cultural development of girl children. Afterwards, it covers detail dialogue and deliberations on the issues of the girl child and discusses international norms and standards for the welfare and development of girls and women. It gives a historical analysis of the international and regional initiatives to encourage the welfare of the girl child and women. With these international norms and standards, it discusses the mechanism for the evolution of the girl-child welfare schemes, programmes and policies and guidelines for states to promote the welfare aspects of girls and women. It also explains the role of the UN and various other international and regional organizations towards the girl child and women welfare across the world. International conventions such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), CEDAW, The Economic and Social Council (ECOSOC), UNCRC and many more international initiatives were taken for the rights and welfare of the child. With special focus on girlchild welfare, it critically analyses the role of various actors for girls’ and women’s welfare. These initiatives by many actors and formulated norms and standards are evaluated by various mechanisms: Treaty-based mechanism, reporting on the implementation of policies, data analysis and many more modes of mechanism structure. The role of these mechanisms in evaluation is extensively mentioned in this chapter. Further, it discusses the challenges of the world community to address the issue of girls and women.

Girls and Women: An Indian Perspective After the investigation of the status of girls and women at an international level, the third chapter discusses women and the girl child’s condition as a vulnerable and marginalized section in

8  Rights of the Girl Child in India

India. India is the second-most populated country in the world; and in this second most populated country, 48 per cent of the population is women. Although the Indian Constitution has given equality, freedom and dignity to all citizens, including women, this significant and very early approach of the Indian government is not sufficient to protect girls and women from various deprivations. And the girl child and women are divested from their rights and authority as well as from equal opportunity. This marginalization makes women and girls deprived and vulnerable in social, cultural, political and economic aspects. Chapter 3 discusses the social, political and economic condition of girls and women in India. What are the peculiar challenges faced by girls and women in India that lead to a wide rift between male and female development? A society that prioritizes sons, child marriage, marginalizes its child widows, forced marriage, poor health of the girl child, illiteracy for the girl child, child prostitution and many more modes of physical and psychological forms of exploitation of girls are present in India. These are the basic and vital causes of the deprivation of girls and women in society. These peculiar challenges along with traditionally discriminatory social and cultural practices are discussed in this chapter. And after discussing the causes, it explains the consequences of all the harmful traditions.

Girls and Women in India: Patriarchal Inheritance In a society that prioritizes sons, the girl child and women are mostly relegated to a lower position. As Indian culture has very old and strong patriarchal inheritance, women and girls are kept away from its mainstream. A son is seen as a symbol of status, and according to tradition, only a son has the rights to carry forth the legacy of his ancestors. This promotes the importance of the male child in society. This peculiar condition of girls and women in Indian society and how patriarchal norms play a vital role in this are widely explained in this chapter. This patriarchal culture creates various challenges for adolescents and many barriers are faced by girls and women.

Introduction  9

Control over sexuality, poor literacy among girls, forced sex, forced pregnancy and child marriage are some of the challenges which are present in Indian society. All these challenges are the consequences of patriarchal inheritance. And this patriarchal hegemony excludes women from all important curricula. This explicit and implicit exclusion of women from all sectors is discussed in the following section.

Traditional Norms and Beliefs, and the Explicit Exclusion of Women There are various traditional beliefs and customs such as girls being a burden on her family, girls needing protection and dowry. These orthodox beliefs have a very negative impact on the girl child’s development. This is a traditional belief in many parts of India that parents should marry their daughters before puberty. Chapter 3 discusses these types of harmful beliefs which are prevalent in Indian society. Most of the traditional and cultural beliefs, such as sati, child marriage, honour killing of girls and polygamy are in favour of a maledominated society. This puts them forward as a sub-section of the male members of the family and deprives them of being included in all important aspects of life. It is to be noted that the consequence of these horrific traditions and culture is the exclusion of women’s opinions and experience in any policy or programme. The patriarchal set-up of the society and these harmful beliefs and tradition mostly form a vicious circle of exploitation. Women and girls’ opinion and perspective are never taken into account in important aspects (Sagade 2015). Women’s and girls’ needs and interests are generally ignored or are not taken seriously in Indian patriarchal society. For instance, the Child Marriage Restraint Act (CMRA), popularly known as the Sarda Act highlight the interest of women and reflects the disparity in the age of male and female for marriage (ibid.). Girls are generally nurtured for the role of wives, mothers and sisters, and these aspects limit their role in social, political and cultural aspects. These discriminations based on

10  Rights of the Girl Child in India

gender and sexual bias omit women and girls from the main page and main section of society.

Implicit Exclusion of Women and Girls Although the Indian Constitution gave equal rights and freedom to males and females, there is a difference between what is on paper and what is practised. Women and girls’ participation in various sectors is only there on paper. Many laws and legal discourse are silent on criminalizing the violence against women. For instance, forced marriage in Indian society is not considered as a crime against humanity. As well as there are various processes of lawmaking for women that do not acknowledge the women and girls’ interests. Gender discrimination is present in Indian society in many forms; however, it is invisible in the scenario of law and order. Female foeticide and child marriage are all types of exploitative and harmful gender norms which implicitly exclude women and girls, and sideline them from the main social order.

Human Rights Dimensions Chapter 4 focuses on how the marginalization of the girl child, girls and women in various sectors is a violation of basic human rights. It gives a detailed discussion on international human rights approaches, which are acknowledged by the UN and other international human rights for all states, and the harmful traditions against girls and women which violate those rights. For instance, child marriage is a violation of the right to adequate health and dignity as WHO lays down; women and girls face more challenges because of the harmful tradition of child marriage and this hurts their health and development, such as sexual violence and teenage pregnancy (UN 2013). Health is an important basic human right for all human beings without any discrimination based on gender, colour and nationality. Article 25 of the UDHR states that right to standard health is the right of all human beings and the state shall provide this right to all its citizens.

Introduction  11

ICCPR, ICESCR, CEDAW, Beijing Declaration, UNCRC and many international conventions are mainly associated with the advocacy of all human rights for all and eradication of those traditions which violate or profane the basic rights of human beings. This chapter presents a detailed discussion with the perspective of human rights dimensions. It explains how these traditions violate international human rights which are given to all. It also explains the national human rights and constitutional rights which are proposed by the state. Gender equality, right to mental and psychological health, reproductive rights, right to live a life free of violence, the right to enter into marriage with free and full consent, right over sexuality, right to education, right to dignity, right to life, right to equality and so on are analysed in this chapter. The difference between what is given on paper and what happens in practice is the vital reason for these violations of basic rights of girls and women in society. Societal norms are associated with undue concern for virginity, especially for women and on this subject child marriage, honour killing of the girl child and girls is constantly reported in Indian society. Although free and full consent is a compulsory matter for both parties to enter into marriage, a child is unable to give his/her consent and in this context, child marriage violates the basic right to choose a spouse and enter into marriage with free and full consent. Maternal mortality is only expected and projected from girls and women, and in most cases, men are free from childcare responsibility. These are the violation of equal rights and responsibility. This chapter mainly deals with these international and national human rights approaches.

Socio, Legal and Judicial Discourse: Women and the Girl Child’s Rights and Welfare After the analysis of all challenges, vital causes and consequences as well as international phenomena or norms and standards for girls and women welfare and developments, Chapter 5 proceeds to discuss the law and legal initiatives of 12  Rights of the Girl Child in India

international and national actors to address the issue of girls and women. Criminalization of offences against girls and women, proper implementation of laws, and regular supervision of programmes and policies are some basic facts which play a vital role in girls’ and women’s welfare, and the protection of their rights and dignity. As an earlier chapter discusses the horrific condition of women and girls in society and its adverse impact on individuals and community, this chapter explains the legal remedies for all those challenges.

International and Regional Approaches, Organizations and Conventions Role of international organizations in collaboration with the state governments to counter the issue of girls and women is discussed in this chapter. WHO, UNICEF, UNESCO, UN, UNHCR and many other organizations are actively engaged in the protection and promotion of women’s and girls’ rights. International declarations and conventions, and the state’s role in the implementation of these norms and standards are also discussed. For instance, the Universal Immunization Programme (UIP), UNICEF ‘s programme on girls-child health with the collaboration of the Department of Health and Family Welfare, GOI actively work for women and children well-being. The Planning Commission of India along with the WHO and UNICEF is actively engaged in the eradication of all challenges which are directly and indirectly responsible for girls’ dropout from school. It works for the water and sanitation aspect for all children in school as these are vital reasons for dropout of girls from school, especially during menstruation. The Indian Medical Association (IMA) and UNICEF attempt to protect all children from child-abuse trauma. As discussed in the previous chapter, the girl children are the main victims of child sexual abuse (CSA). These types of collective approaches not only draw attention to the issue, but it also works to

Introduction  13

address this issue from the grassroots level. HIV/AIDS is one of the high risks in child marriage and child prostitution, and due to these risks, the Indian government works with various health organizations to protect women and girls from harmful consequences. Other sexually transmitted diseases (STD) and Integrated Management of Neonatal and Child Illness (IMNCI) are some other collective initiatives of different state and nonstate actors towards the protection of girls and women.

Indian Initiatives: Civil and Non-state Actors The Indian Constitution offers various kinds of protection to women and girls and also prohibits all harmful traditions against women and children. It renounces practices derogatory to the dignity of women and promotes equal rights for women and men. Promotion of equal livelihood for males and females is one of the basic characteristics of the Indian Constitution. The Indian government protects the girl child before their birth with the prohibition of sex determination act. The PreConception and Pre-Natal Diagnostic Techniques Act (PNDT Act 1994)2 is an initiative of the government to protect the girl child from female foeticide. The Indian Penal Code (IPC) 1860 prohibited various harmful traditions against women and gave emphasized that women’s consent for marital decision is compulsory (PNDT Act 1994). This promotes the equal participation of women in all social and legal subjects. State and non-state actors with diverse approaches such as multi-faith campaigns and programmes against female foeticide promoted the awareness of injurious and harmful practices against the women and girls. These matters drew the attention of many conferences, awareness programmes and report publications. 2 https://indiacode.nic.in/bitstream/123456789/8399/1/preconception-pre-natal-diagnostic-techniques-act-1994.pdf (accessed on 24 March 2020).

14  Rights of the Girl Child in India

The National Rural Health Mission (NRHM), sick newborn care units (SNCUs) and many other initiatives provide an equal platform to male as well as female children for adequate health facilities. To protect girls and women from trafficking as well as to rescue those girls and women who are forced into prostitution or sexual slavery, Ministry of Women and Child Development (MWCD) dynamically works on these issues with various international non-governmental organizations (INGOs) and non-governmental organizations (NGOs). Legal rights can only be more effective with education and awareness about laws and remedies. In this matter, the state along with various social and legal agencies promotes education among girls and women. Education for All (EFA), aiming to provide free and compulsory education for all between the ages of 6 and 14, is also one initiative in this context. The programmes, policies and strategies to address the issues of girls and women are analysed in this chapter. The government’s apathy and loopholes in all approaches to programmes and policies, which play a vital role in the vicious circle of challenges for girls and women in society, are also critically evaluated.

Introduction  15

1

Defining Childhood Debate over Age and Rights

Traditionally, children are believed to be the private property of their parents and are hardly treated as individuals who possess rights of their own. They are not seen as having an individual identity, hence their distinct rights are not recognized. All laws, policies and programmes for children are generally made by adult members with the explanation that children are incapable of deciding their fate because of innocence and immaturity (Naughton, Patrick and Smith 2007, 161). Children are vulnerable and are easily targeted as they are unable to protect themselves or raise their voice for their rights against various forms of exploitations. Under normal conditions and specifically during war and conflict, children need more care and protection. In conventional definitions of human rights, child rights are ignored or are seen as part of collective human rights. Hence, during war or peacetime, children not only need to be seen as victims but their inclusion should be compulsory in law or policymaking. This thinking gathered momentum after humanity experienced the devastating effects of the two world wars. After the ghastly experience of these wars and their

pathetic impact on children, the attention of various state and non-state actors was sought. Due to the vulnerable condition of children, the world community gave immediate attention to the issue of their well-being. This chapter discusses the definition of ‘children’ or ‘childhood’ as given by various national and international organizations, committees and governments. The United Nations (UN) as an intergovernmental organization, along with performing its main task—of maintaining international peace and security—is also associated with the issue of children’s rights and protection. To achieve this aim, it is actively engaged with various international and regional organizations. This underlines the need for a proper definition of ‘children’. The UN’s conventions and definitions related to children’s age and safety have provided identification for children. After identification, the chapter discusses why children need to be considered separate rights holders instead of the private property of parents. Moreover, it explains the kinds of immediate and gradual challenges faced by children. Then it proceeds to analyze how the rights of children have become an international issue through the prolonged efforts of international and regional actors. The efforts of actors from the Geneva Declaration (1924) to date will also be discussed ahead in the chapter. Norms and standards for child welfare will be discussed, along with the kind of mechanism that helps in scrutinizing these norms and standards. Finally, the chapter concludes with a summary and critical analysis.

Children Need to Be Treated as Separate Rights Holders As children were always considered the private property of their parents, the debate started that a child needs to be treated as a separate entity under the category of rights holders as well as an important factor that needs to be recognized by the world community. The basic human rights of various sections were discussed in many deliberations during the 18th and 19th centuries. Defining Childhood  17

As adult human beings were able to claim their rights, they became the beneficiaries. This approach deprived certain vulnerable groups who were unable to raise their voices, such as children. In the era of the 20th century, various interests in the rights of children emerged which increased interest and improved communications, leading to more extensive and wider information regarding children’s living conditions as well as the various difficulties and challenges faced by them (Coady 2009). With this information, the INGOs, non-governmental organizations (NGOs) and many international forums raised the issue of children’s rights.

The Geneva Declaration (1924) and the CRC (1959) The very first international initiative on children’s rights was taken by the League of Nations in 1924. The League of Nations adopted the Geneva Declaration in 1924, which is a historic document that recognized the rights of children for the first time. Another breakthrough in this direction came with the initiative of the UN in 1959—the CRC. Both of these initiatives emphasized the protection of children as well as the need for separate rights for children (Coady 2009). These deliberations raised the issue of children at the international level and created a space for discussion towards how children need to be considered as separate rights holders. The international community—through various discussions and declarations such as the Geneva Declaration 1924, the Universal Declaration of Human Rights (UDHR 1948) and the CRC (1959)—recognized the need to promote childcare and gave immediate attention to this vulnerable group. They also emphasized the need for protection of various aspects of children’s lives such as health, education, nationality and all basic essential needs that are compulsory for children but did not talk about their rights. Gradually, various studies and reports raised the importance of the rights of children as well as the involvement and inclusion of children in the decisions and policies which affect them.

18  Rights of the Girl Child in India

The UNCRC, 1989 The next historic convention of the child rights debate is the UNCRC, 1989. The UNCRC, 1989, played a landmark role in the recognition of childhood as well as child rights. It led to the recognition of a child as a rights holder and gave children the right to have a voice in the decisions affecting them. According to Article 12 of the UNCRC (1989), ‘State parties shall ensure that a child who is capable of giving his/her views on that matter, affecting them, are free to express their views and state shall give due weight to those views in accordance to age and maturity of the child’. This was an immensely useful and remarkable initiative of the UNCRC to include the voice of children in policymaking. The UNCRC (ibid.), got the vital support of 192 states and became a milestone achievement for children’s rights and development. However, a few states, such as Somalia and the United States, were not signatory to this convention. Majority of the states gave their consent for this remarkable milestone of children’s rights. The UNCRC underlines the various rights of children at the international level as well as in their respective states. Similarly, the Geneva Declaration (1924), the Universal Declaration of Human Rights (1948) underlines the welfare of children instead of any rights for children. The CRC (1959), is also associated with the welfare aspects of easily vulnerable groups such as children and has very few recommendations that give access to rights to children. However, the UNCRC was the first significant and notable initiative by the UN to provide rights-based assistance to children. This remarkable initiative created a trend and platform for further significant demand and achievement towards children’s welfare and rights. In 1990, based on an initiative by the United Nations Children’s Fund (UNICEF), the World Summit for Children was held in New York and a European Convention on the Exercise of Children’s Rights was held in 1996. The summit raised the

Defining Childhood  19

issue of child rights and stated that it needed the immediate attention of the world community. These types of summits and conferences were held to emphasize the importance of child rights and take appropriate action (Alston and Tobin 2005, 7). The UN and various countries across the world, along with numerous NGOs, raised the issue of child rights, tried to highlight the difficulties faced by children and took the initiative to address these challenges and difficulties. After the consideration that children need separate rights and inclusion in child-related policymaking, the next debate emerges regarding the age of the child or what human age range is to be considered as the period of childhood. Many different international, national and regional aspects are relevant in the age debate and deliberations.

The Debate Over the Age of the Child Various debates and disagreements emerged on the universal definition of a child. A crucial debate arose regarding the determination of the age until which an individual is to be termed as a child. Some arguments suggested that individuals below the age of 14 should be considered as a child while others suggested it to be under the age of 18. Hence, various conferences and international agencies came forward with their definition of a child. In natural terms, childhood is the period of life from birth to adolescence or teenage period. Historically, the definition of the child has been given by various forums; amongst all the most preferred definition that is accepted by all human beings is that those who are under the age of 18 should be considered children.

International Labour Organization Technically, the term ‘children’ was defined for the first time during the process of the formulation of the Child Labour (Prohibition and Regulation) Act, 1986 by the International Labour Organization (ILO). ILO identifies a person as a child 20  Rights of the Girl Child in India

until the age of completion of their compulsory education and adulthood as the period when they enter the world of work (Abebe and Bessell 2011, 770). In this definition, although ILO did not openly give any explanation of the determined age as it did not mention the age of compulsory education, ILO’s International Programme on the Elimination of Child Labour (IPEC) specifies that all adolescents under the age of 14 will be considered children (Edmonds 2009, 19). And in this context, according to ILO, all persons under the age of 14 are considered children. IPEC undoubtedly mentioned that if any human being under the age of 14 is associated with work or any form of employment, it is considered child labour. The Child Labour (Prohibition and Regulation) Act, 1986 also underlines that employment is prohibited for children below the age of 14 and 15 years. An ILO report of 2010 also states that child labour means those children under the age of 15 or below who are engaged in work that poses threat to their health, safety or moral development, or are subject to forced labour (Wyness 2013, 346). However, with these facts, the debate on the universal definition of children is still a burning subject of various national and international deliberations. Different definitions exist on the recognition of childhood at international as well as national levels.

United Nations Office on Drugs and Crime The UN too contributed to this part and considered children to be individuals under the age of 18 rather than 14. According to the United Nations Office on Drugs and Crime (UNODC), ‘child victim or witness’ means a person under the age of 18 who is a victim of or witness to a crime, regardless of his or her role in the offence.’ (UNODC 2010, 5). According to Article 1 of the UNCRC (1989, 4), ‘A human being under the age of 18 years is considered a child and the law applies to the child even if a majority is attained earlier.’ The UNCRC considers all human beings under the age of 18 as children. As the UNCRC is contemplated as a landmark document for child rights and welfare, this recognition of the age of children is adopted by the international community. Defining Childhood  21

It is to be noted that one of the most frequently used definitions regarding the age of children by the world community is provided by the coalition to stop the use of child soldiers. It has defined children as persons belonging to the age group of 18 years. According to this definition, children under the age of 18 years are prohibited from being recruited into armed forces. This is known as the straight–18 standard.’ If they recruit any person before the completion of this benchmark age, it would be seen as child soldier recruitment, which is internationally prohibited (Beier 2015, 5). According to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (known as Palermo Protocol, 2000), ‘A child shall mean any person under eighteen years of age.’ Thus, there are variations in understanding the term ‘children’ but generally a person below the age of 18 is regarded as a child.

Immigration and Nationality Act (United States) The United States is not a signatory to the UNCRC as it uses its official definition for childhood. INA 101(b) and 8 United States Code (USC) of the United States define the term ‘child’ as an unmarried person under the age of 21, who is born in wedlock system or born out of wedlock system (Zhang and Associates, P.C. 2009). This definition of a child is used to tackle the issue of migration policies and conflict of rights of an immigrant community. However, it has made different age recognition for another international phenomenon such as the UNCRC and UDHR. The United States recognizes all human children before the age of 21 years as children and the period up to 21 years is considered the childhood period. It can be seen that various forums explain the age of the child in very diverse ways, such as all human beings under the age of 14 (ILO) and all males and females under the age of 18. With these many deliberations, the age of the child is generally considered to be under the age of 18. And despite all the various available standards of child age definition, one of the most prominently used definitions is that of the UNCRC. However, these numerous

22  Rights of the Girl Child in India

deliberations and debates on the recognition of the age of children were all attended by the various state and non-state actors. As children are unable to raise their voice for posing their rights, they are supported by these various actors. Children were recognized by the world community based on their age. The long battle for identity has been acknowledged. Accordingly, this definition is adopted in the research and thus children are described as all human beings under the age of 18 years. After various official and medical definitions of children, the debate shifts to the peculiar challenges faced by the child across the world. International organizations and regional approaches are grappling with the specific challenges faced by children due to their childhood.

Challenges of a Child and Childhood All children are vulnerable and are easily victimized because they are unable to protect themselves. While war, natural disasters, economic crisis and other human-made or natural tragedies affect all human beings, children are the most affected. Children being the most vulnerable and easy targets suffer more than anyone in any crisis be it war, natural disasters, crimes and so on. Onora O’Neill (1988) argues in his article that children are the first ones to suffer in any crisis and can easily be victimized. Be it a natural disaster or human-made disaster, children are always one of the prime victims as they are incapable and unable to defend themselves. Children who have personal experiences of war and natural disasters or other human-made or natural crisis suffer from many other difficulties such as inadequate education facility or no education, homelessness or residence in refugee camps. All of these factors affect them tremendously. During the 1990s, a series of conflicts emerged such as global conflict, civil wars, ethnic cleansing and terrorism which continued to plague many parts of the world. There was an increase in violation of human rights against women and children. And these are the

Defining Childhood  23

more vulnerable sections as well as prime victims of all kinds of calamities or disasters (Beijing Declaration 1995, 7). With these aspects, children face many challenges and difficulties which make their life difficult. Child labour, exploitation and violence, poor health and trafficking are such other challenges which add to the difficulties of children, and they are seldom able to raise their voices at international forums.

Child Labour and Challenges of Childhood Child labour is one of the most hazardous situations for all children. It has a very negative impact on the growth of children and affects their education, health as well as overall development. The Social Protection Discussion Paper Series states that in the world there are more than 200 million children aged between 5 and 14 years who are working, and this figure represents one-fifth of the total population of male and female children (Betcherman et al. 2004). Child labour affects the physical as well as mental growth of children and is one of the biggest obstacles in a child’s development as they are forced to work at an early age and face many physical as well as mental challenges (Alabi, Bahah and Alabi 2014, 400). As mentioned earlier, children are unable to raise their voices for their rights or against any kinds of exploitation. The well-being and overall development of children were discussed in the League of Nations 1924 initiative. Although the Declaration of the Rights of the Child in 1924 was associated with the well-being of children, the CRC in 1959 is more protective on the issues of child labour, child livelihood and so on. According to Principle 9 of the 1959 Declaration, the child shall not be admitted to any form of employment before an appropriate minimum age; the Declaration of the Rights of the Child of 1924 also states that a child should not be put in the position to earn a livelihood (Coady 2009). These initiatives encourage the eradication of the various harmful practices against children present in society— such as child labour and child exploitation. Also, according to various child-labour-eradication associations, child labour should be underlined as a mode of heinous 24  Rights of the Girl Child in India

exploitation of children. And all children have the right to be free from all kinds of exploitations. Although many parts of the world have come up with a positive mindset and attitude to save children from all kinds of atrocities, many parts of the world lack the resources to provide a safe and secure atmosphere for their children. For example, more than 200 million children are engaged in child labour or forced into different types of child labour according to various data (Betcherman et al. 2004). Although with these kinds of data the attention of the world community has been drawn, the practice of child labour persists in various parts of the world. There are various reasons behind the absence of an exploitationfree atmosphere for children, for instance, the Declaration of the Rights of the Child, 1924, which was initiated by the League of Nations did not provide any directive for the government; also, it did not allow or give any freedom to children to claim their rights. Instead, it exhorted and urged all the adults to recognize their duty towards children (Coady 2009). These limitations of access to the rights deprived children from the various political and self-claiming dimensions of their rights.

Exploitation and Violence Exploitation and violence are generally faced by children in different forms such as mental exploitation (abuses, trauma, pressure and so on) and physical exploitation (forced sexual activities, child labour, child prostitution, physical violence and so on). They are unable to defend themselves and thus face many difficulties. In various conflict zones and intra-state or inter-state war zones, children are the prime victims of exploitation and violence. The Declaration of the Rights of the Child, 1924, which was promulgated by the League of Nations was primarily concerned with all the necessities (material as well as spiritual) for children’s well-being and development as it also emphasized children’s welfare; for instance, it expresses that children should be compulsorily provided with an environment which is free from poverty, hunger and all kinds of exploitation (Coady 2009). Defining Childhood  25

This special statement towards the eradication of exploitation and every form of violence against children thus focused on the proper prospects to live in an adequately exploitation-free environment for ensuring their well-being. The matter of exploitation-free environment for children was thus widely mentioned in the Declaration of the Rights of the Child, 1924. It upheld the status of children which must be safeguarded against every form of exploitation. For instance, according to Principle 4 of the Declaration, the child needs a proper environment for his/her well-being and development, and for this, it is a must for children to be enabled in a way to earn a livelihood. It also states that children must be protected against every form of exploitation (ibid.). Inclusion of children in the process of law-making and implementation of the policy programme is a very significant measure to address every form of exploitation. Childhood is a period where children are unable to raise their voice against violence and exploitation. In this context, it is the responsibility of adults to raise their voice on behalf of the children and promote the rights of children.

Health and Childhood Complexities Children face many health complexities as they are not aware of healthcare facilities. Poor health affects the overall development of children and creates a big challenge for their lives. By the end of the 19th century, the Western world raised various welfare concerns for children. Many new health issues— dangerous diseases related to unclean water and hygiene, such as diarrhoea and cholera—emerged during this time. UNICEF and the World Health Organization (WHO) also raised queries about the various peculiar conditions of children and urged the governments to improve public health systems. Lack of proper and adequate healthcare affected the children and made them vulnerable. According to UNICEF, from 66 per cent to 80 per cent of the world’s children suffered from iron deficiency which affected them, and they had to suffer from poor health (Jabari et al. 2005, 643). The lack of inadequate food and nutrition has

26  Rights of the Girl Child in India

a negative impact on children’s health and affects their physical and mental abilities and overall development. Many countries were concerned about the health of children. For instance, in various American states, the health of the child and healthy childhood were seen as social objectives. They called for rigorous health-related policies and programmes as well as sanitary standards, and the effective enforcement of all these initiatives was carried out. It also initiated many important campaigns for the health of children such as free lunches in school and clean milk campaigns at the rural and urban levels (Fass 2011). Although these types of approaches towards children have been adopted by various countries, the condition of children is still very deplorable, especially in matters of health and access to healthcare facilities. However, Article 25 of UDHR states that everyone has the right to avail a standard of living which is adequate for the health and well-being for himself as well as for his family. It also emphasizes proper medical care, clothing and food as essential rights of all human beings (GOI 1948). This right to health was discussed in UDHR and various regional and international organizations are actively working to address the health issues of children from various countries. However, the health issues of children still need to be addressed with a holistic approach for proper implementation and adequate outcome of the various policies. A healthy childhood is the basis for healthy adulthood and for ensuring human resources for the nation and the world at large, it is compulsory to protect the health of children. Children’s health is a very important factor for the development of any nation and in this context, it is to be noted that more care and attention, especially in the matter of health should be given during childhood.

Trafficking: Child as Prime Victim Trafficking of children and women is a big issue in various parts of the world. Human trafficking is considered a crime against humanity and is condemned by the international community. Article 11 of the UNCRC (1989, 4) declares that states Defining Childhood  27

shall take children trafficking as a major combat situation and take proper action against this heinous crime. Trafficking of children has become an international issue. The trafficking of children increases specifically in conflict zones and during a natural disaster. The world community has taken it up as a serious concern for the future. The UNCRC emphasized on the role of states towards the eradication of this crime, which affects children’s well-being. Children are trafficked and forced into prostitution and labour, become victims of organ trade crime, used as child soldiers and have to suffer many more forms of exploitation. The issue of trafficking of children, which forces them into various crimes and exploitative environments, is raised at many national and international forums. For instance, UNODC underlines that the issue of trafficking is a very big challenge for children. It has a very negative impact on children’s welfare. UNODC along with many regions and countries works against this crime; for example, UNODC South Asia and the Gender Training Institute (GTI) of the Centre for Social Research, in collaboration with the Union Home Ministry of India, are associated with the special training for police officers to deal with human trafficking (Economic & Political Weekly 2010). Children became the main victims of trafficking as they are easier to control and are unable to defend themselves and raise their voice against violence and exploitation. These peculiar conditions make children more vulnerable.

Child as International Issue: Historical Evolution Children were never a topic of importance and they were not paid much attention by the government or thinkers until the First World War. The war was not only the witness of disaster for all human beings; it even affected the children. After the grisly Nazi genocidal crimes during the Second World War, children’s issues emerged as an even bigger subject in the domestic and international realms (O’Neill 1988). Because children are vulnerable and easy targets, they suffer the most in any crisis, 28  Rights of the Girl Child in India

be it war, natural disaster and other types of crimes. This drew the attention of the world community.

Geneva Declaration (1924): Historic Document of Child Issue Geneva Declaration, 1924 was the first historic document where the issues of children were recognized at the international level. For children, 26 September 1924 is a remarkable date in history as the specific needs of children were documented and this declaration summarized the fundamental needs of children such as their right to development, assistance, relief and protection.1 This declaration, a landmark for the issue of children and drawing the attention of the world community, was stated to men and women, and not to the states, and thus, had some limitations. Although the Geneva Declaration was seen as an important step for the reorganization of matters relating to children, the states were not legally bound by this declaration. It referred to ‘men and women of all nations’ and the child was seen as an ‘object of protection’ and not as a holder of its rights.2 But still, this declaration created a platform for conventions and declarations. Related to the rights of children. So, the peculiar problems of the child were highlighted, and the issue of children was seen as a major international issue by the world community.

UDHR (1948): Child Rights UDHR, 1948, was the first document where the topic of child rights emerged at the international level. This declaration emphasizes on human rights; Article 25(2) of the UDHR states ‘Motherhood and childhood are entitled to special care and assistance.’ 1 http://www.un-documents.net/gdrc1924.htm (accessed on 17 March 2020). 2 http://www.un-documents.net/gdrc1924.htm (accessed on 17 March 2020).

Defining Childhood  29

The CRC (1959): Child Identity The Preamble of the CRC, 1959, clearly states, ‘… the child, because of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth’ (UN 1959, 164). This declaration emphasizes legal protection and essential rights of the child such as the right to name and nationality as well as the right to adequate nutrition and the fulfilment of other basic needs. Proper name and nationality are rights of all human beings and the child is also included in this basic right. This document is significant for the child issues coming up at the international level because, for the very first time, concern about the unborn child as well was stated.

The UNCRC (1989): Landmark Convention The UNCRC (1989) is a major landmark for child rights for which preparations started with 1979 being declared as the International Year of the Child and the discussion started with the opening draft from the Government of Poland. It defines the age of the child, when childhood starts and when it ends. Neither the Geneva Declaration nor the CRC classifies the specific age of the child (UN 1959); these conventions and declarations only focused on the issue of child rights. Although with the support of 192 states the UNCRC (1989), became a landmark achievement for children’s rights, some of the major states such as Somalia and the United States are absent from this child rights convention (Alston and Tobin 2005, 10). The impact of this child-rights orientation was major, and it started influencing various regions of the world where it began to be viewed as an important subject. As an example, in 1990 as an initiative of UNICEF, the World Summit for Children was held in New York, the European Convention on the Exercise of Children’s Rights was held in 1996 and so on. These types of summits and conferences were held to raise the issue of child rights as an important subject (ibid., 7).

30  Rights of the Girl Child in India

These initiatives sought the attention of the world community and the issue of children has since become an international issue. The UNCRC (1989) clarifies the age of children. It gives various rights to children and clearly states that all state parties must ensure children exercise these rights. Every state party shall ensure to provide the best possible atmosphere for children to survive and develop. It recognized that every child has a right to life as well as the right to name and nationality from their birth. This convention emphasizes that states should implement all rights given by the UNCRC. According to this convention, children have the right to all adequate needs which are compulsory for their development and the state should ensure the fulfilment of these requirements. It emphasizes that children’s views in the formation of policies and programmes related to them should be considered and included. As an example, Article 12 of the UNCRC (1989) states that ‘State parties shall assure that for children who are capable of forming their views on those matters which affect them, the states shall include their views and give weightage according to children’s age and maturity’.

Conclusion The history of deliberations over child and childhood and the definition of the child are significant topics of debate as many different conventions and declarations define childhood differently while declaring that the child needs to be treated as a separate rights holder. The very historic documents which raise the issue of child rights are the Geneva Declaration (1924), and the CRC (1959), which state the peculiar condition of the child and why child rights need to be discussed at international levels. The next milestone on child rights and separate identity debate is the UNCRC (1989). In this convention, the issue of participation of the child in decision-making was included. UNICEF in 1990 also raised the issue of the rights of children and stated that the child needs to be identified as a Defining Childhood  31

separate rights holder. As children have many difficulties, they need separate laws and policies. There are many international organizations and national governments that define the age of the child. The definition of children has been forwarded by various national and international forums and their definitions vary in age specifications. ILO defines a child as someone who is at the age of completion of compulsory education. ILO lays down the fact that children ought not to enter the world of work. In this context, it mentions that children and childhood relate to persons who are still to attain the age of completion of their compulsory education, and adulthood is considered the period beyond this timeline. It is stated by the scholars that according to ILO, childhood means the age of 14 and below. UNODC and UNICEF (2009) also defined child and childhood. This UN document expresses that all humans under the age of 18 are to be considered children. Although this definition was for drug and medical purposes, at the same time it is notable in social aspects as well. UNODC has defined, ‘Child victim or witness means every person under the age of 18 years who is a victim or witness to a crime is a child regardless of his or her role.’ The UNCRC considers all human beings under the age of 18 as children, and this definition of children has been adopted in almost every part of the world. Based on these different identity definitions, children can be stated to have vulnerable conditions across the world. Due to their defenceless character, children sought the attention of the world community which advocated the need for children’s identity as separate rights holders. For rights and authority as well as inclusion in policymaking, children needed separate recognition and thus the debate on the age of children came to be deliberated. All children are vulnerable to certain problems such as child labour, organ trafficking, child trafficking, violence and exploitation. The United States and Somalia are not members of the UNCRC. In this context, the United States gave its definition for 32  Rights of the Girl Child in India

children and childhood. The INA states that all human children from wedlock or from out of wedlock below the age of 21 are to be considered as children. After identification, the international community started debate and deliberations over the peculiar challenges of children: child labour, child exploitation and violence against children at the time of war and conflict as well as in the time of peace. Healthcare is another issue for children. Due to the lack of proper and adequate healthcare, children are affected, and their overall development also gets negatively impacted by the health challenges. Child health is an important issue which has been raised by international regional organizations. Despite the various challenges which are faced by children, these were not considered as an issue of international concern. This important change happened due to the constant efforts of the regional and international communities. After the First World War, the League of Nations took initiative on child protection. The League of Nations adopted the Geneva Declaration in 1924 and it was the first remarkable document where the issues of children were recognized at the international level. Moreover, after the failure of the League and establishment of the UN, the issues of the child were constantly pursued as an important issue for the world community; this was reflected in Article 25(2) of the Universal Declaration of Human Rights (1948). UDHR Article 25(2) talks about the needs of special care and assistance for mothers and children. Children’s issues have taken a landmark step after the adoption of the UNCRC as these became international issues and the world community collectively came up to address the issues of the child.

Defining Childhood  33

2

The Status of the Girl Child An International Concern

Historically, the girl child was considered a subset or part of the overall group of children. Many international conventions act as the voice for the rights of children instead of the rights of the girl child. All children are vulnerable and easy victims due to their age and defenceless situation. However, girl children are more often targeted and victimized and suffer more due to childism and sexism. This chapter discusses and explains the kinds of challenges faced by the girl child in particular. Then it proceeds to analyse how the rights of the girl child have become an international issue and what the various norms and standards formulated for the girl child’s welfare are. It also explains how different kinds of mechanisms work to scrutinize the adherence to these norms and standards in the treatment of the girl child. From here onwards, it emphasizes the issues of the girl child and discusses the strategies adopted by various state and non-state

actors to address these issues. How did the girl child get international attention after facing these many challenges? It is due to the prolonged efforts of international and regional actors to carry the issues of the girl child to international levels, from the Beijing Declaration (1995), where for the first time the girl child was recognized as a separate identity, to efforts till date for girls’ and women’s welfare and development. The efforts of state and non-state actors are also discussed ahead in the chapter. It concludes with a summary and critical analysis.

The Peculiar Problems of the Girl Child There are different kinds of children, for example, children from wedlock, poor children, deprived children, upper-caste children, lower-caste children, displaced children, refugee children, children in developed countries or developing countries, and the most important, the girl child and the boy child. When a child is born, the first query is whether it is a girl or a boy; this is because we cannot relate to a child without first knowing his or her gender (Frye 1983). Although the girl child is biologically recognized, it has fought a very long battle to get her separate recognition or identity at national and international levels. The girl child needs a separate identity and a separate rights-holder status as she is more vulnerable and marginalized due to some peculiar challenges faced by her. Identity crisis due to physical and psychological challenges—many peculiar difficulties are present in both explicit and implicit forms in society and these create a very problematic environment for the girl child and girls.

Battle for Separate Identification Identity has played a very critical role for human beings to raise their voice for rights and authority at national and international levels. There is neither any official and international definition or description of ‘the girl child’ nor any international binding convention which specifies the status of the girl child; the girl child is considered as a part of the general category of children The Status of the Girl Child   35

(Feliciati 2006, 14). There is no legitimate definition or identification of the girl child in the legal context and the girl child counts as a subset of children under the age of 18 years. If at all present, the definition is based on the sex of the girl child commonly known as a biological female child from birth till the age of 18 years (Alabi, Bahah and Alabi 2014, 394). Until the Beijing Declaration (1995), the girl child did not have any separate recognition. This identity crisis created very difficult and challenging conditions for the girl children to raise their voice for rights and well-being. With this identity crisis, the girl child faces various other peculiar difficulties which are universal. In developed countries also, a girl child has to face several kinds of challenges such as sexual violence, child pornography and child prostitution. The girl child in Canada suffers from a large range of violent behaviours, approaches and practices; for instance, adolescent wives between the age of 15 and 19 are three times more likely to be murdered as compared to wives who are older (Berman and Jiwani 2002). Although all children are vulnerable, the girl child is more vulnerable based on her gender. The social malpractices against the girl child, especially in developing countries, are increasing at an alarming rate. The girl child faces different kinds of problems, such as distressed and unwilling FGM in Africa; child labour and child marriage in India; child prostitution in Thailand; honour killing in the Middle East; illiteracy and exploitation in Latin America; and being unwanted in China (ibid., 3). Because of these different kinds of difficult situations, women and the girl child subjects became a crucial matter for the entire world and the issues of the girl child were raised at the global level. The elimination of discrimination and violence against the girl child has become an international, regional and national issue for over a decade (Goonesekere 2006, 1). Due to the efforts of the international community with the help of various international and regional organizations and with the introduction of many international and regional conventions, the issues of the girl

36  Rights of the Girl Child in India

child gained attention across the world. ECOSOC, CEDAW, the Beijing Declaration, the South Asian Association for Regional Cooperation (SAARC) Decade of the Girl Child and many more initiatives created a platform for the girl child to promote her rights based on her identity and to fight against the peculiar challenges faced by her. Violence against girls is a problem that occurs across every culture (UN 1989). A girl child in developed countries faces discrimination which is different from that in developing countries. The nature of exploitation may be different, but they are victimized within a family, society and culture, and hence across the globe.

Inferior Position in Society and Social Discrimination The prevalence of the patriarchal system across geographical boundaries for centuries has been a detriment to females in all human societies. This has expanded through religious as well as caste differences. Female children throughout the world widely suffer based on their gender. The position of the female and the female child in many societies is subordinate in comparison to the male and the male child. Women and girls are seen as inferior in patriarchal societies as sons are seen as symbols of status. In many cultures across the world, boys are nurtured with a sense of superiority, whereas girls are brought up in an atmosphere where they are forced to accept the inferiority of their stature (Ras-Work 2006, 2). This is a very well-defined characteristic of the patriarchal society and as it is widely present in many societies, it is easily accepted by most of the communities. Violence against the female child is a problem that occurs across every culture (Taefi 2009, 351). However, it is not only families and societies, which generate norms and traditions that affect the girl child negatively; even wars and other conflicts have a negative impact on girl children as they are easily targeted for sexual exploitation and are unable to defend

The Status of the Girl Child   37

themselves (Kishor 1993). These aspects create a taboo for girls as per which they are considered a burden on the family, which in turn defines the girl child’s position in society. Preference for sons in society is predominant and the girl child is seen as inferior to the boy child because boys carry the family name, bring resources into the family and can perform funeral rites. With these traditions and customs, the girl child faces discrimination since her birth or even before she is born. In rural set-ups, the girl child is engaged in all the household work such as making food for the family, bringing water and looking after younger siblings. Similarly, in urban areas, girls are engaged in domestic work and fall in the low-paid domestic labour category (Chakravarty 1998, 16). As discussed earlier, the son is seen as a symbol of status, while girls are characterized and marked as holders and bearers of family honour or pride, which limits their rights and authority to access other societal roles. These aspects create a very low and inferior position for girls in society.

Abuse, Trauma and Adverse Implicit Challenges The female child suffers abuses on the basis of her gender. Female infanticide, bride burning, sex slavery, sex tourism, servile marriage and discrimination in family and society are abuses and exploitations that a female child has to face because of her identity and sexual orientation. Both these positions— those of being a female and a child—make them vulnerable in many societies because of limited access to rights and of children being unable to raise their voice against these exploitations (Feliciati 2006, 15). Sexual and physical abuse are generally confronted by women and the girl child due to the traditional concept by which a woman is considered as sexual property. According to research, teenage girls experience up to three times more sexual abuse than male children and it mostly happens within the family (Taefi 2009, 351). As discussed earlier, due to the inferior position of girls in society, it is easy to target the girl child. In many cases, it is seen that the accused

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in cases of rape, molestation, sexual harassment or similar kinds of violence either belong to the family or is someone known to the family of the victim. Any kind of harassment—emotional and physical—and illtreatment of children are considered child abuse (Dabir and Nigudkar 2007, 2864). According to Kulkarni (1997, 1522), girls face various kinds of direct and indirect abusive behaviour and atmosphere, physical exploitation (child labour, harassment), emotional trauma (child prostitution) as well as marital harassment (child marriage, child widow). Abuse is not only mentally and emotionally traumatic for girls but also creates a negative mental impact in them because of which they develop a sense of inferiority complex towards their own body and personality. This has a very harmful effect on the overall development of the girl child.

Gender Discrimination and Overall Development The girl child faces different kinds of gender discrimination. ‘Sex’ and ‘gender’ are used in a similar context and interchangeably; however, the origin and uses of both terms are different. The sex of an individual is determined or decided biologically, whereas gender is a socially or culturally constructed word or term (Kishor 1993). Discrimination between the girl child and boy child in society is created by society and not by nature. With various patriarchal norms and practices, the gender disparity construct is developed in society and by society. Many feminists emphasize that social discrimination and gender-based discrimination where girls are ignored and oppressed by family and society are formulated by patriarchy. Although different theories of liberal feminism, Marxist and socialist feminism, radical feminism and sociological feminism describe the position of women and girls in different ways, all of them state that gender as a concept is constructed by social and cultural phenomena (Bristor and Fischer 1993, 519–523). Their views are slightly different from each other, but they seem to agree more or less on this aspect of gender inequality. The Status of the Girl Child   39

In general, children face many kinds of difficulties, but the girl child faces more of such than the boy child. As girls and women are mostly economically dependent on male members, this increases gender disparity in society. In many cultures, there is a trend to groom girls to become nurturers and caregivers, whereas boys are groomed to be protectors. This notion is transmitted through family, peer, schools, community, media and virtually every social institution (Berman and Jiwani 2002, 2). The socialization process of a girl child is different from that of a boy child. And this ‘protector and protected’ notion plays a vital role in shaping the norms of society. Girl children face discrimination based on this concept. Female foeticide is one of the biggest discrimination symbols against the girl child. It is when they are killed by their parents before birth. A girl child is then in a dangerous situation when she is unwanted in her family even before birth. It is to be noted that through various medical technologies like ultrasound scans the sex of the foetus can be determined; often, the foetus is aborted if found to be female (Jena 2008, 8). However, the UN grants the right to birth and protection as the right of every child. Even after these norms, girl children are massacred in large numbers.

Health of the Girl Child in Patriarchal Inheritance Society As patriarchy is prevalent in many societies of the world, girls are neglected by their family members. Many traditions, such as preferences for sons, sexual exploitation, sexual abuse, violence against the girl child and discrimination against the girl child in food allocation, prevail in society; these discriminations do not merely affect the physical health of the girl child—they are also the reason for the survival of fewer girls than boys till adulthood. The girl child also suffers from nutrition deficiency more than the boy child. Many traditions and customs persist in society which affect the health of the girl child physically or mentally. FGM is also a

40  Rights of the Girl Child in India

big challenge to the health of the girl child. Genital mutilation not only affects the girl’s health but also affects her mentally and is a peculiar problem faced by the girl child. It is mostly carried out on girls between the age of 0 and 15, and millions of girls are affected due to this custom (Kawewe and Dibie 1999, 54). FGM is prevalent mainly in African states and is a practice for securing the virginity of girls. Due to a lower position in society and family, the health of the girl child is not considered fit for attention. This poses serious health risks and causes different diseases in girls, which makes them physically weak from childhood.

Education of the Girl Child and Least Disbursement The literacy rate of girls and women is less than that of boys and men. This scenario is not limited to one continent and region, rather this disparity is present in almost all parts of the world. There are various reasons for this gap—the patriarchal set-up of society, discrimination against the girl child, traditional mindset, lack of safety for girls and girl students dropping out of school. The patriarchal set-up of society is one of the most important reasons for the poor educational condition of girls. In various parts of the world, they have been brought up such that they become caregivers and engage in household work, rather than getting their education (Dabir and Nigudkar 2007, 2863). Parents and family generally ignore or disregard the investment in the education of girls as the prevalent notion is that girls will leave the family after marriage, so it is not a fruitful investment. They are generally taught to do the household work instead of being imparted any professional education. Poverty is also a cause for the poor literacy rate of the girl child. Families are less likely to invest in a girl’s education. For instance, when the fee was abolished for girls’ education, girl-child enrolment increased in Uganda (Department for International Development [DFID] 2005, 20–22). Poverty affects both girls’ and boys’ education, the result of which is the increase in dropouts and poor schooling of children. However, according to research, girls’ dropout rate or the number of girls not going to school is

The Status of the Girl Child   41

higher than boys due to poverty. Girls are supposed to engage in household work such as preparing food for the family, taking care of siblings and much other work which is basically thought to be the domain of women and girls in a patriarchal society. All these factors are barriers to girls’ education and influence their overall development. Illiteracy is one of the reasons for unawareness among girls and women about their rights. Female foeticide, early marriage, discrimination and disparity, exploitation and illiteracy, all play a major role in reducing the girl’s status in society. Poor education opportunity for girls and women is a challenge across the world. Generally, in both developed and developing countries, girls and women either suffer from lack of choice in education or do not get the opportunity to access education due to gender bias. They hardly receive technological and vocational education (Goonesekere 2006, 11). Due to these peculiar challenges, the girl child is treated differently from the other children and this condition requires more attention. They need to be treated with consideration not only because they face various kinds of discrimination within the family and out of the family but also because the condition of the girl child is poor in most of the world. They suffer from various horrific traditions and practices, before as well as after their birth. They are kept away from basic human rights throughout their life due to patriarchal social norms. Due to all these challenges, the girl child got the attention of the world community and her problems became an international issue. Child marriages also hamper the education of the girl child. Marriage at an early age is a big reason behind female children dropping out of schools as they are sent to their in-laws’ house and are forced to engage in domestic work. As has been discussed, many other reasons, such as involvement in helping parents and taking care of siblings play a vital role in the poor literacy rate of girls. All of these are discriminatory and exploitative practices which play a vital role in girls’ dropout from schools (Chakravarty 1998, 15). Dropouts further create major obstacles in women obtaining economic independence.

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Child Marriage and Patriarchal Customs Child marriage is an issue that equally affects both a girl and a boy. However, in the prevailing circumstances of society, this early-marriage practice affects the girl child more than anyone else. In some parts of the world, especially in South Asia, child marriage is a very big problem, which not only affects the girl’s health and education but also results in adolescent pregnancy and affects her overall development. Through child marriage, both boys and girls suffer, but the situation of girls is worse than that of boys. They have to leave their family at an early age when they require the moral and emotional support of their family for overall development (ibid., 13–15). The girl child also faces various kinds of physical difficulties and suffers from different health problems. Early consummation creates many health problems for girls and results in risks such as maternal morbidity and mortality, malnutrition, and also infant and parental death (ibid., 15). The girl child is not physically developed to establish a sexual relationship and faces many challenges such as teenage pregnancy and sexual health infections. Moreover, child marriage is also a form of child prostitution because economic transition and sexual exploitation both take place in this situation (Mikhail 2002, 43–44). This early marriage affects their overall development, specifically in South Asian and African countries where girls face this dangerous practice of child marriage. Teenage pregnancy and adolescent sexual intercourse increase the chances of HIV/AIDS infection and other sexual infections.

Honour Killings and Girl Child Trafficking Honour killing of girls and women is prevalent in certain parts of the world. Girls are generally killed by their families and society or religious leaders in the name of protection of the honour and reputation of the family. There are various reasons behind this inhuman behaviour—inter-caste or inter-religion marriages, pregnancy out of wedlock, raising the voice against

The Status of the Girl Child   43

the horrific norms for girls and women and raising the voice against discrimination and exploitation. Girls are seen as bearers of family honour. If any behaviour of theirs goes against the will of the family, it creates a difficult situation for them. If girls become pregnant before marriage or out of wedlock or have an abortion, then they are punished and sometimes killed in the name of honour or given harsh punishments such as tied with a heavy stone and thrown alive into the river (Feliciati 2006, 21). These types of honour killings are very common in many radical and male-dominated societies.

Trafficking of the Girl Child Trafficking of children and women is a big issue in various parts of the world. Specifically, girls and women are the main victims of this crime against humanity. Sexual tourism, child prostitution and other modes of exploitation encourage the trafficking of the girl child. Human trafficking is considered a crime against humanity and is condemned by international society. Children and women are easy victims of this inhuman practice because they are unable to defend themselves. This is considered an organized crime against human life. Women and girls face more difficulties than men or boys. The number of girl-child victims is more as the trafficking of girls is considered more lucrative or profitable than arms or drug smuggling (Chakravarty 1998, 18). They are trafficked for child labour, child slavery, sale of organs, forced marriage, sex tourism, child prostitution and household chores. After seeing these crucial conditions, international agencies and national actors set up various norms against this organized crime. These norms are explained in a later section in this chapter. Trafficking of girl children and women for sexual tourism and sex slavery is a big issue in many parts of the world. As human trafficking for sexual tourism or organs trade is a heinous crime against humanity, it is the responsibility of the states to address this issue with effective steps (Beijing Declaration 1995).

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Sexual Exploitation, and Physical and Mental Trauma The girl child generally faces violence and exploitation because the conditions of childhood and girlhood are both considered vulnerable. The girl child suffers from both sexism and ‘childism’ for she is at the intersection of women’s and children’s rights (Feliciati 2006, 14). They face various atrocities, such as sexual exploitation, systematic rape, forced pregnancy, forced abortion, forced marriage and trafficking. In particular, under the policies of ethnic cleansing, these problems affect the girls more than the boys (Beijing Declaration 1995, 7). As control over children, especially the girl child, and women is easier due to their lesser defensive abilities, the risk of sexual violence increases for them. In a conflict zone where all children and women face various challenges for surviving, the girl child faces more difficulties such as physical exploitation and horrific sexual exploitation, which are hardly faced by a boy child. According to the United Nations High Commissioner for Refugees, around 80 per cent of all refugees are women and children. Mass rape has been widespread in recent civil conflicts and has been used systematically as a tool of torture or ethnic domination (Ramsay 2005). According to police records, 52,733 rapes and attempted rapes against girls and women were reported between April 2003 and March 2004, and 41 per cent of the rape victims in South Africa are under the age of 12 (ibid., 13). These peculiar conditions of the girl child are broadly discussed in the various reports and articles on Rwanda genocide and other incidents. For example, according to ‘Restorative Justice for the Girl Child in Postconflict Rwanda’, in the conflict zone, both the genders suffered violence, but girls suffered egregious sexual violence based on gender regardless of her age. While men and boys were killed rapidly with a single shot or machete stroke, girl children and women were mutilated, tortured and left to die slowly (Feliciati 2006, 1). Girls during conflict become victims of these types of heinous sexual crimes and face a variety of atrocities. Rape and molestation are crimes against women of any age. The girl child is more affected by this hazardous problem

The Status of the Girl Child   45

because she is not able to oppose the attackers and is easily victimized. In conflict areas, girls generally face continuous rape and exploitation, sex trafficking and so on. All these circumstances affect the immediate as well as the gradual life of the girl child. They create a circle of difficulties where one difficulty is the cause of another. Girl children face the difficulty of teenage pregnancy as the result of rape and abduction and are forced to marry their abductors (Chinkin and Charlesworth 2006, 941). It affects the girl child’s physical and mental health. Gender-based violence and exploitation are big challenges for girls and women, specifically in the conflict zone. Apart from these external assaults and harassment, they also face rape and sexual exploitation by their family members or close relatives (Singh and Kapur 2001, 16). A female child is vulnerable in her family atmosphere. Globally, the data on the girl child assault says that 36–58 per cent of rapes faced by girls are committed by their relatives and in most cases, the rapist is the child’s father or stepfather (Kawewe and Dibie 1999, 83). Also, girl children are kidnapped and forced into horrific sexual exploitation which results in child prostitution and pornography. These are difficulties which affect the girl child’s physical as well as mental health tremendously and impact her in the worst way possible, making her suffer for the rest of her life. After highlighting the peculiar challenges of the girl child, the world community must tackle these challenges and raise these issues at the international level.

Girl Child: An International Issue The girl child did not have separate recognition until the Fourth World Conference on Women, 1995, also known as the Beijing Declaration. After the long battle, both at regional and international levels, the girl child got separate identification and became an international issue, separate from that of children in general. There were various situations which occurred in the world that drew attention to the girl-child issue. During the 1990s, a series of conflicts emerged: global conflicts, civil wars, ethnic cleansing 46  Rights of the Girl Child in India

and terrorism which plagued many parts of the world. There was an increase in the violation of human rights against women and girls, particularly in times of armed conflict where women and the girl child faced many kinds of problems—atrocities such as systematic rape and forced pregnancy and forced abortion under policies of ethnic cleansing (Beijing Declaration 1995, 7). Girls and women suffered more in these situations and needed special attention. There were many regional and international attempts to internationalize the girl-child issue. The girl child faced many kinds of problems and issues which were recognized by various governments and organizations, and they initiated a range of projects and programmes to identify the challenges of girl children and highlight various atrocities and hidden violence against them. Apart from individual governments and agencies, there were various NGOs taking interest in the issues of the girl child. The movement-related to children’s and women’s issues also played a crucial role in raising the issues of the girl child at the international level and created a platform on the international forum. There was international recognition of violence against the girl child and women as a violation of basic human rights. And this acknowledgement was the result of constant efforts and devoted campaigning by women’s rights activists and survivors of violence (Ramsay 2005, 10). Women’s rights campaigners and advocators underlined the issue of women and girls and asked the international community to give immediate attention to those issues. This created a platform for further rights advocacy campaigns by state and non-state actors. For instance, many women organizations and the UN raised the immediate need for discussion and deliberation on the issues related to women and girls and gave separate space for such discussions. The CEDAW was adopted in 1979 by the UN General Assembly for protection of women’s rights and it advocated respect for all rights of women. Although this convention makes few references to the girl child and mainly addresses the issues of women, it builds a platform for the rights of the girl child as well (Croll 2006, 1286). Girls were considered as The Status of the Girl Child   47

part of the women’s group and both matters were addressed from this platform. After 15 years of CEDAW in the mid-1990s, UNICEF and United Nations Development Fund for Women, commonly known as UNIFEM, did attempt to extend CEDAW mandates by separating women’s and girls’ rights and emphasized the theory that the rights of today’s girls are the rights of tomorrows’ women (ibid., 1286–1287). If we empower the girl child today, it will empower women tomorrow and enable them to raise their voice for rights and welfare. Both organizations emphasized that without the empowerment of the girl child, the empowerment of women is inadequate. In 1989, the UNCRC did not give any separate recognition to the girl child. It talks about equality among children without any difference based on sex, social background and ethnicity. This convention promotes equal opportunity for all without any discrimination based on sex or gender and supports the needs of the girl in the name of equality. The female child is considered equal to the male child as per this convention. But then again, as discussed earlier, the girl child needs more attention as they face more challenges and difficulties due to the patriarchal set-up of society and many other reasons. Due to these challenges and problems, special attention was given to them by various regional organizations who took the initiative and raised the matters of the girl child at the international level. UNICEF’s Board recommendation of the 1990s, UNICEF’s programmes and strategies made for decades address the status and needs of the girl child and suggests that work on it should continue. UNICEF published many pamphlets and booklets highlighting gender-related discrimination against girls in almost all societies through various kinds of customs (ibid., 1285). It highlighted the different kinds of gender-discriminatory norms and traditions that are present in various societies and how they create difficulties in attaining the welfare of the girl child. The South Asian Association for Regional Cooperation (SAARC) also drew attention towards the girl child and designated the 1990s as the ‘Decade for the Girl Child’. Through

48  Rights of the Girl Child in India

research and with the help of the media, it tried to explore the problems of the girl child (ibid., 1286). It highlighted the problems which are generally faced by the girl child. Although the main focus of SAARC is on the South Asian region, it drew the attention of the world community to raise the common issue of girls across the world. UNICEF and SAARC’s efforts played a positive role in raising the girl child subject during the Beijing Conference in 1995. Moreover, with these regional and international efforts, the issues of the girl child are raised in many regional and national platforms, drawing the attention towards the girl-child problems. For example, India is among the first group of countries along with others in Africa to recognize the ‘the girl child’ as the centre of attention to improve the social and economic status of women (Gopalan and Bhaskar 1998, 1). India underlines this marginalized section in need of special attention to empowering their social and economic status in society. Also, the empowerment of the girl child is the empowerment of women. The earlier attempts to make the girl-child problem an international issue were not sufficient. The girl child did not get adequate attention from the international community and required more attention for international recognition. And this recognition was provided to her in the Beijing Conference. The Beijing Conference, which was held in 1995, emphasized, ‘The girl child of today is the woman of tomorrow’. So the skill, idea and attempt to solve the problems of the girl child are necessary for the goal of equality, development and peace of any country (Beijing Declaration 1995, 14). For the first time in the Fourth World Conference on Women held in Beijing in 1995, the girl child occupied her place at an international agenda.1 Before this convention, there was no separate attention or consideration given to the girl child. This conference highlighted the human rights of women and the girl child and also ensured effective action against violations of these rights (ibid., 4). It ensured 1 http://www.un.org/womenwatch/daw/Review/english/49sess.htm (accessed on 8 December 2014).

The Status of the Girl Child   49

that the enjoyment of basic human rights is the fundamental rights of all human beings and violation of these rights is a punishable offence. The conference reaffirmed, ‘the human rights of women and of the girl child are an inalienable, integral and invisible part of universal human rights’ (ibid., 90). Basic human rights is an essential aspect of all human beings. The world’s biggest Millennium Development Goals (MDGs) were adopted in September 2000 when 189 member states of the UN adopted the Millennium Declaration. It included commitments and targets to work together for poverty eradication, gender equality, development and protecting the environment (Kettel 2007, 872). These goals pushed the issues of gender equality at the international level and promoted the girl child’s rights. With international cooperation, gender equality is achievable and the world can become free from poverty and inequality. The third MDG, ‘Promote Gender Equality and Empowerment of Women’, addresses gender disparity and promotes the rights of the girl child. MDGs encourage the welfare of girls. It is a holistic approach to girls’ welfare. Goals such as the achievement of universal education, gender equality and maternal health are all correlated with women and girl child empowerment. Many NGOs actively participate in the discussion of the issues related to the girl child and play a big role in taking these issues at the international level. They work on achieving gender equality and implementation of norms and standards to achieve the goals as many of their representatives attend annual sessions of the Commission on the Status of Women (CSW). In this annual meeting, NGOs give their reports to the CSW about gender equality and the problems of the girl child (Noeleen 2005). The efforts of NGOs have resulted in highlighting the issue of girls at the international level. For instance, in 2006, the NGOs’ meeting in association with the 50th session of CSW was based on issues relating to the reformation of women’s status. They raised the issue of women and girls and sent a letter to the UN Secretary-General Kofi Annan. That letter was signed by 240 women belonging to 50 different countries 50  Rights of the Girl Child in India

of the world (Kettel 2007, 873). Therefore, the issues of girls and women have been voiced by different parts of the world. All these summits, resolutions and talks portrayed women as global citizens and created a platform for girl-child issues. As women’s and girls’ problems are not apart from each other, this is not a matter of any individual state or region. So now, the UN takes interest in women empowerment and promotes gender equality. It also gives a platform to member states where they think, talk and make programmes for half the people of the world. UNICEF and UNESCO’s joint report in 2007 emphasized ‘Eliminating laws that permit girls to marry before the compulsory school-leaving age, to allow disparity in school-leaving age or number of years of compulsory education for girls and boys’ (Melchiorre 2004, 31). Both organizations took the initiative and placed the girl child issue at the international level. The data in the reports based on the girl child’s condition in various parts of the world drew attention to the peculiar problems of the girl child and raised them as a vital international issue. In 2011, the UN took the initiative and passed a resolution. It established 11 October as the International Day of the Girl Child (IDGC) and this day was selected for encouraging the rights of girls and addressing the unique challenges which are faced by them.2 In the initial days of 2012, it focused on the issue of eradicating child marriage. In 2013, the theme was ‘Innovating for Girls’ Education’ (UN, 2013). The UN and other international, as well as regional actors, still encourage the activities which focus on the issue of the girl child and place them at the international level. All these efforts for the girl children have built a wider platform for them where the problems are heard internationally and receive the world’s attention. With various efforts from the world communities along with various actors, the states actively engage themselves to address the issues and formulate norms and standards relating to the girl child. 2

https://www.unicef.org/ (accessed on 17 March 2020).

The Status of the Girl Child   51

Norms, Standards and Guidelines Relating to the Girl Child Issues of the girl child have got importance due to the efforts of many years and active engagement of several international and regional organizations such as the UN, the World Bank (WB), SAARC and various NGOs. All these actors formulated numerous norms and standards to address the issues of the girl child. Many international conferences were organized on these issues. Commissions and agencies worked on the girl-child issues and set global norms and standards for them. International policies, documents, declarations and conventions for children were adopted by various countries and also encouraged many states to adopt these norms and standards and promote the girl child’s well-being. The ‘World Declaration on the Survival, Protection and Development of Children’ (1990), the Beijing Platform for Action and Declaration (1995) and the Millennium Declaration leading to the MDGs (2000) are few international conventions which contributed in the formulation of norms and standards for women and girls. While all these documents on children are not legally binding for state parties (Goonesekere 2006, 2–3), the UNCRC adopted in 1989 is a legally binding document. Internationally, efforts are made to set up common norms and standards for children and the girl child, and it is expected that states ensure adherence to these norms and standards. Some of the major norms, standards and guidelines relating to the girl child are discussed below. Girl Child Protection and International Initiatives Article 19 of the UNCRC (1989, 6–7) says, ‘The right to protection from all forms of physical or mental violence, injury or abuse, maltreatment or exploitation, including sexual abuse, while in the care of parents, guardian or any other person’. The girl child needs protection before her birth as well because she may be killed by her parents before birth. Through the various norms and standards, the UN and the international treaties are trying to protect the life of the girl child.

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The girl child is protected by several general and specific treaties under international law. On a general platform, ICCPR and ICESCR established a ‘bill of rights’ that applies universally (Taefi 2009). Article 24 of the ICCPR recognizes the rights of children and emphasizes equal rights for all children. ICESCR through its various articles highlights equal rights for social security and an adequate standard of life for all. These norms are set up by ICCPR and ICESCR to create a platform for vulnerable sections to attain protection and freedom for all. CEDAW and UNCRC norms for the girl child are to provide them with an atmosphere in which they can progress along with respect, protection and full enjoyment of all human rights as per the United Nations Commission on Human Rights (UNCHR) (Goonesekere 2006, 19). Through these CEDAW and UNCRC initiatives, norms were made to emphasize on providing a protective environment to girl children for their survival. They highlighted the discriminatory condition of girls and women in society and emphasized the elimination of these discriminations with various norms and standards. For example, full protection and enjoyment of all human rights for all human beings without any discrimination based on sex, gender and colour. Protection of the girl child from sexual and mental violence is one of the most important aspects of protection. With the exploitation of the girl child, the international community has taken initiatives and formulated norms against these atrocities. The UN General Assembly initiated the programmes for the eradication of all forms of violence against women, state protocol and Universal Periodic Review (UPR). All these initiatives underline equal rights for men and women which shall be protected by states, and frame norms and standards for girls and women’s rights. Through these norms and standards, they help the girl children and protect them from violence and exploitation. There are some legal framework set-ups, such as the General Assembly Declaration on the Elimination of Violence against Women in 1993, Vienna Declaration and Programme of Action Plan in 1993 as well as the Beijing Declaration in 1995 The Status of the Girl Child   53

which tried to eliminate violence against women and the girl child. While all these international efforts (except the Beijing Declaration) are specifically meant to create norms against violence and exploitation of the girl child, they refer to them as ‘women’; but their motive is ultimately to protect the girls and the girl child as well (Feliciati 2006, 19–20). As the girl child is considered to be a vulnerable section due to least social security and inferior position, they need a protective environment. Declaration on the Elimination of Violence against Women in 1993 and the Statute of the International Criminal Court (ICC) in 1998 are both landmark initiatives against sexual violence against the girl child. They recognized that child rape, enforced prostitution, sexual slavery, forced pregnancy and sexual violence are all crimes against girls and women and are to be considered war crimes (ibid., 18). The punishment for these crimes should be very harsh. To protect the girl child from such kinds of sexual and mental violence and exploitation, every state should ensure that they take effective action against these and provide the girl child with an environment where she can enjoy her human rights and fundamental freedoms like a boy child. Also, any action against the violation of these rights of girls and women should be immediately and effectively countered by the state (Beijing Declaration 1995, 4). The Beijing Conference set norms that all perpetrators who are involved in the crimes of women and girl-child trafficking, forced marriage, child prostitution and other types of sexual violence activities should be punished through criminal as well as civil laws (ibid., 55). Both civil and criminal laws are used as tools to give proper protection to all vulnerable sections of society and this should be adopted by state parties as well. These were set as international norms for all conflict- or war-affected states. These norms and standards play a vital role in the protection of the girl children from various circumstances, as girl children face unfair treatment from childhood and sometimes even before their birth in forms like female foeticide. Similarly, on the other issues, these norms and standards help to improve 54  Rights of the Girl Child in India

the girl child’s condition in society. With all these positive contributions of international norms and standards, there are some limitations as well. All norms are not equally adopted by all state parties so they do not equally benefit all girl children across the world. For instance, compulsory registration of marriage is one of the norms of both the UN Convention on Consent to Marriage, the Minimum Age for Marriage and the Registration of Marriages, 1962 and CEDAW, but India declared that due to the large population of the country and the presence of different customs and religions, it cannot follow these norms (UNICEF 2008b, 25). Although these norms and standards are made to protect all vulnerable sections and give them an equal environment for development, they need more legal viability to create more effective outcomes. Girl Child Health: International and Regional Approach All human beings have the right to enjoy their health without any discrimination and states shall ensure that this right should not be violated in any circumstance. Article 19 of the UNCRC (1989) states the right to protection from all forms of physical or mental violence, injury or abuse, maltreatment or exploitation, including sexual abuse while in the care of parents, guardians or any other person. Article 24 of the UNCRC 1989 states, ‘The right to health and access to health services is the right of every human being’. It also emphasizes, ‘State parties shall ensure that no children are deprived of the health facilities and should give protection to children from harmful traditional practices’ (UN 1989, 8). These norms protect female children from various kinds of inhuman practices such as FGM and child marriage, which affect their health mentally and physically. The Beijing Conference in 1995 discussed the girl child’s health and emphasized effective action against the discrimination of the girl child, such as ensuring the full implementation of the human rights of women and the girl child as an absolute, integral and indivisible part of all human rights and fundamental freedoms (Beijing Declaration 1995, 2). It emphasized that state parties shall ensure that girl children enjoy their human The Status of the Girl Child   55

rights and other fundamental rights such as basic health facilities and parental care. The states should take effective action against the violation of girls’ rights. The United Nations Girls Education Initiative (UNGEI) with the help of the United Nations Population Fund (UNFPA) worked in various areas, which played a positive role in formulating norms and standards for girls. It promotes maternal health and gender equality and emphasizes that girls and women should be treated with dignity. According to UNFPA, every pregnancy is wanted, every birth should be safe, and women and girls should be treated with dignity and respect.3 These initiatives are made to benefit the girl child because, in most societies, girls’ health and medical care are generally ignored by the family and society. For example, during the time of maternal care, the girl child suffers from inadequate nutrition and healthcare. And infertility in the girl child mostly takes place due to the ignorance of the patriarchal society. With the promotion of equal dignity for the girl child, she can get protection from illness and other health-related difficulties. WHO has published the findings and proposal of a systematic review on preventing child marriages, early pregnancies and poor reproductive outcomes among adolescents in developing countries. The recommendations are to prevent marriage before the age of 18 years. WHO emphasizes that these norms should be supported and considered by political leaders, planners and community leaders while making policies and laws for the prohibition of child marriage. UNICEF, WB and United Nations Population Fund (UNFPA) jointly attempt the improvement of human capital and their approach is that the proper education or schooling of girls can be a key to reduce child marriage (Cobbett 2014, 312). Through these norms, WHO is trying to eradicate the harmful traditions which affect the girl child’s health.

3 http://www.ungei.org/whatisungei/index_729.html (accessed on 15 April 2014).

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Discrimination against Girl child Many regional organizations highlight the traditional social norms which negatively affect the girls’ future and dignity. The girl child has the right to be treated as equal and has the right to enjoy full human rights as well as other fundamental rights. The charter of the UN and statute of the international court of justice (1945) reaffirmed assurance of basic human rights, equal rights for men and women, and encouraged respect for human rights and the fundamental freedom for all humans without differences based on the sex of the person or children.4 Without any discrimination based on gender, sex and colour, all human beings have the right to enjoy the basic fundamental rights. States should take effective action against activities which promote biases and violate the human rights of the girl child. While the girl child is not specifically mentioned in the UN Charter, it condemns discrimination based on sex and gender, which is directly concerned with the girl-child issues. The Beijing Conference formulated norms for the protection of girl children from discrimination. According to the Beijing Declaration (1995, 4), states shall take all necessary steps for the elimination of all forms of discrimination against women and the girl child present in society. The Preamble of the CRC, 1959, clearly states, ‘Whereas the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth’ (UN 1959). It promotes childcare without any discrimination based on sex and gender. All children should get proper care. Before and after birth, care rights give girls the right to protection from female foeticide as well as from childhood negligence, which generally happens with them. Apart from these treaties and conventions, many conferences were held and commissions established for women’s issues. For 4 https://treaties.un.org/doc/publication/ctc/uncharter.pdf (acessed on 17 April 2020).

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instance, the members of the ECOSOC and the representatives of women’s issues (feminists and NGOs) meet every year at the UN headquarters. In this annual meeting, they discuss the issues related to women and girls (Goonesekere 2006, 1–2). They set global standards and policies for women’s empowerment and promote gender equality, that is, equal rights for women and men as well as the male child and the female child. According to this commission, they should have equal political and economic rights and so on. These rights benefit women in various sectors and also help in eradicating the lower position of girls in a patriarchal society. Trafficking of Girl Child: Protection and Rehabilitation Trafficking of the girl child was taken up as an important issue by the international community. As discussed earlier, girls and women are affected by this organized crime. Due to this, the UN took the initiative and set up norms that all states should follow and take up child and women trafficking as an important issue. For example, Article 11 of the UNCRC, 1989, declares that all state parties should take up the issue of trafficking of women and the girl child as a major issue and take effective and immediate action against this organized crime (UNCRC 1989). Through this initiative, the UN encourages state parties to formulate hard and effective legal punishments for the criminals behind children and women trafficking and start combatting this crime. The Beijing Conference emphasized that the government, with the help of NGOs, mass media as well as the UN bodies, should take effective action against this crime which crucially affects children, women and girls. State parties should adopt specific measures to protect children and women from this horrific inhuman crime, along with providing legal protection and medical assistance to them (Beijing Declaration 1995, 42–44). It emphasizes the legal protection and medical assistance for the rehabilitation of children and women who have suffered from this inhuman crime. Along with that, it also advocates the redressal and rehabilitation of those girls and

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women who have already been forced into or are victims of this trafficking criminality. Education: Declarations and Organizations Approach Education is one of the most important tools for human beings which helps them in their development. As discussed earlier, the girl child’s educational condition is generally terrible compared to that of a boy child in almost every part of the world. Due to this poor condition of girls’ education, the world community took the initiative and set up norms that everyone has the right to access education. For example, Article 26 of the 1948 Universal Declaration of Human Rights (UDHR) states, ‘Everyone has the right to education’ without discrimination based on sex, colour and class. According to this declaration, every human being has the right to study and build a life of dignity without any discrimination or bias. Throughout this norm, UDHR emphasizes that every state shall ensure that they set up norms on equality in educational facilities and education for all people of their states without discrimination based on sex, colour, caste and so on. Although this norm addresses the people and does not specifically address the girl child, as discussed earlier, girls face unfairness in getting access to education so through this they are being benefitted as well. In the Beijing Conference, the education of girls education was taken up as an important subject and it states that all governments shall ensure equal access to education and give equal opportunity for education without differences based on sex and gender. Various actors such as governments, the international community, regional and international agencies, the civil society and NGOs are called upon to formulate a strategic action against the inequalities and inadequacies in the education sector. All these actors should take effective action for equal education access and opportunity for girls and women (Beijing Declaration 1995, 16). UNESCO’s norms for girls’ education counter all those barriers which are responsible for girls’ dropping out. UNESCO

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has set standards for every school to have separate toilets for female students and it is compulsory in all schools because much data says that the main reason for girls’ dropping out from schools is the lack of separate toilets. It also states that the hostel facility for girls should be made available by the government in all schools (UN 2013, 3–4). Child Marriage: Eradication of This Custom and Rehabilitation of Victims Norms for child marriage are set up by various conventions and treaties. For example, Article 16 of CEDAW states that men and women have the same right to choose a spouse and to enter into marriage with free and full consent. It also states this consent is considered only when both the groom and bride are not children. ‘The betrothal and the marriage of a child shall have no legal effect’ (CEDAW 1979). This norm encourages that all marriages should take place after the consent of both parties who are adults. The consent of both men and women is compulsory according to this article; this also emphasizes that before the completion of 18 years, which is considered the legal age to be an adult, marriage with consent will not be considered a legal marriage. States should take all necessary action including legislation and specify a minimum age for marriage (ibid.). Through this initiative, CEDAW promotes effective legal action against child marriage, and all states have important roles in the protection of the girl child from this harmful tradition. Both the girl’s and boy’s consent for marriage encourages the idea that all marriages should take place after the age of maturity; otherwise, the state should ensure that they take immediate action against this crime. And with these initiatives, it tries to protect the girl child from this horrific tradition. The UNCRC does not directly prohibit child marriage. It emphasizes the inclusion of children’s views in the decision process and mentions the abolishment of all those traditions and practices which have a negative impact on children (UN 1948, 2). Moreover, in another way that the UNCRC, 1989, prohibits child marriage is that it contains a norm that states 60  Rights of the Girl Child in India

that the parties should not give permission or legal validity to that marriage which happens between persons who have not attained their age of maturity (ibid.). As per this norm, the question arises about the age for maturity, but as per the decision of the UNCRC, it is mentioned that one should be 18 years of age. Hence, anyone marrying before 18 should be considered illegal. According to UDHR, all humans have the right to a ‘free and full’ consent for their marriage. However, this consent cannot be considered as ‘free and full’ if both parties are not mature or have not attained the legal age of marriage (ibid., 4–5). Sufficient maturity is concerned with the age of the bride and groom and it should not be under 18 years. This norm of UDHR protects children from the early-marriage tradition. According to Article 16 of UDHR, men and women of the legal age, without any discrimination due to sex, race, nationality or religion, have the right to marry and form a family of their own choice (UDHR 1948). This international norm gives equal rights to both men and women to enter into marriage with free and full consent. Eliminating child marriages is a major concern for the UN. For instance, the 1962 UN Convention on Consent to Marriage, the Minimum Age for Marriage and Registration of Marriages also sets norms and standards for the prohibition of this earlymarriage tradition. According to this convention, consent is compulsory for any marriage and the consent of both intending spouses is legal acceptance of marriages. Article 1 of this convention states that no marriage shall be legally valid or legally entered into without the full and free consent of both persons. Article 2 of this convention emphasizes that the state parties shall specify the minimum age for marriage and it also underlines that the marriage should not be considered legal if it is not held according to the set minimum age.5 In the process of eliminating child marriages, it provides the freedom to both 5 https://www.ohchr.org/EN/UDHR/Pages/Introduction.aspx (accessed on 17 March 2020).

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girls and boys to take decisions related to their marriage. All marriages should be registered. The UNICEF’s norm for early marriage is that girls should not be married before completing their compulsory education (UNICEF 2008). As per UNICEF, the age of compulsory education as set by the UN should be considered and before this age, the marriage of girls and boys should not be legal. Moreover, UNICEF’s commitment to the elimination of early marriage practices from society is also significant. While social norms and beliefs play a vital role in the existence of child marriage in various societies, it is committed to change or discourage those social norms and beliefs. It encourages enforcement of laws against this practice as well as creates a platform for girls where they can raise their voices (UNICEF 2012c, 7). Governments in cooperation with NGOs, mass media, private sector and relevant international organizations, including the UN agencies, are collectively trying to end this harmful tradition. And for this, they have initiated effective strategic action against the child-marriage practice (Beijing Declaration 1995). These initiatives by various actors to form norms and standards to protect vulnerable groups from various atrocities played a vital role in building the environment for the issues related to the girl child and other vulnerable groups to be addressed at an international level and captured the attention of the world.

Mechanisms on the Girl-Child Issue Whether norms and standards are useful or beneficial or need any change is subsequently evaluated with the help of many types of mechanisms. A mechanism is recognized as a very important instrument to evaluate any programme and policy. It plays a crucial role in assessing treaties and conventions, their appropriate implementation and achievement as well as challenges faced during their implementation. With monitoring, reporting and various other modes, it evaluates and assesses the developments as well as loopholes of policies and programmes related to vulnerable groups such as the child and the girl child. 62  Rights of the Girl Child in India

Theme-based reporting mechanism, treaty-based monitoring and reports based on various conventions like the CSW as well as UPR and many more of these types of mechanism processes play a vital role in the proper implementation of programmes and policies for vulnerable groups such as women and girls.

Treaty-based Monitoring There are various kinds of mechanisms established for monitoring, reporting and reviewing the proper implementation of children’s rights as well as policy and position of the girl child in the world. These mechanisms explore the improvement of the girl child’s situation through the evaluation of policy and programme implementation and also highlights the demerits and apathy of related organizations or individual governments. Articles 42–54 of the UNCRC, 1989, state the proper implementation of all its rights. According to these articles, it established a committee on the Rights of the Child to monitor the implementation of the convention. For example, some experts on child issues were appointed to monitor the proper implementation of all rights for children which were given by the UNCRC. All states party to the Child Rights Convention of 1989 are required to submit regular reports to this committee relating to how they are implementing the convention. First, state parties have to submit a report after two years of adaptation of the UNCRC and later, this report should be submitted after every five years. The committee gives some recommendations to the state parties based on their reports and this recommendation is called ‘concluding observations’ (UNICEF 2006). Concluding observations always set an ideal discussion outcome after a long discussion which promotes the rights of vulnerable sections such as children, women and the girl child. Through this mechanism, it not only evaluates the governments and organizations or other related institutions’ work but also helps in the observation of the scenario of the girl child across the world. The Committee on the Rights of the Child is the monitoring mechanism established based on the UNCRC. It consists of

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18 experts, who are independent persons of good honourable character and possess good knowledge in the field of human rights. These 18 experts monitor the implementation of the convention by state parties.6 It also monitors the two optional protocols to the convention and whether governments are taking proper action according to these protocols or not. These two protocols are related to the condition of children, who are involved in armed conflict, sale of children, child prostitution, child pornography and so on. Girl child trafficking and child prostitution have made girls’ lives more miserable, as they suffer more because of these atrocities. Through these protocols, where monitoring and reporting to the committee are compulsory, the UN tried to set an effective mechanism. Through this mechanism, it not only evaluates the governments and organizations or the work of other related institutions but also helps in the observation of the scenario of the girl child in the world.

Mechanism and Commission on the Status of Women The UN established the ECOSOC as an organ of the UN in 1946. The main role of this principal body was to undertake policy review, policy dialogue and give recommendations on economic and social matters, as well as coordinate and assess the implementation of international agreed treaties and development goals. The ECOSOC initiated the CSW as the functional commission to review and deal with the issue of marginalized people, specifically women and girls. Although the CSW is mainly associated with the matters of women, it is also concerned with the issues of girls and the girl child as well. The CSW and UNICEF, with the help of an expert group, have organized many online discussions on the issues of and themes related to women. Through these online discussions, the CSW explores the condition of the girl child in different 6 https://www.savethechildren.org.uk/what-we-do/childrens-rights/ united-nations-convention-of-the-rights-of-the-child (accessed on 31 March 2020).

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parts of the world and what kinds of actions are taken by the respective governments to counter the problem.7 The CSW gets recommendations from the UN. For instance, a report titled Elimination of All Forms of Discrimination and Violence against the Girl Child, which explores the condition of the girl child across the world suggested some recommendations for consideration by the commission (UN 2006, 2–3). These recommendations on the report were given to the CSW and it was expected that the commission will give attention to these recommendations. However, through these reporting systems, the UN focuses on these reports and tries to include these recommendations in future programmes. The issue of women and other marginalized groups was a very prominent subject for the ECOSOC, and so it established the CSW. However, before the establishment of the CSW, the matters of women, girls and other vulnerable social groups were discussed by various other state and non-state actors. For instance, the report and review given by the feminist organizations, INGOs and NGOs from different parts of the world raised the issues of these groups. All these actors of the world community come together and organize a meeting of the ECOSOC every year at the headquarters of the UN, and discuss the challenges and difficulties in policies and programmes related to women, girls and other socially vulnerable groups. Through this annual meeting initiative, the ECOSOC and other actors present the report on the condition of women and girls in different parts of the world. They also raise the issues of women and the girl child.8 These reporting systems evaluate the condition of women and the girl child across the world and help to improve it through their suggestions and recommendations. 7 http://www.un.org/womenwatch/daw/Review/english/49sess.htm (accessed on 8 December 2014). 8 http://www.un.org/womenwatch/daw/Review/english/49sess.htm (accessed on 8 December 2014).

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The UN with the help of the UN Women organizes several meetings in which it calls experts on women’s and girls’ issues. This meeting is known as the Expert Group Meeting (EGM). The experts belong to various nations, governments, academia, civil society, the UN as well as other regional and international organizations along with state and non-state actors. These experts evaluate the proper implementation of the programmes and policies and give recommendations. The UN Women works on various matters related to girls and. The main work of these expert groups is to discuss and analyze the issues related to women and other marginalized groups. And after the discussion, they suggest some recommendations, such as setting up the annual theme of CSW and seek the attention of the world community on these issues. These EGMs have also prepared the flagship reports on issues related to women and girls. These analyses and reports have played a vital role in the evaluation of the current condition of women and girls as well as what kind of approach is needed to be adopted by the CSW. For instance, the CSW along with the UNICEF organized an EGM where they discussed the condition of the girl child across the world and underlined the common issues present in most parts of the world or some very negative practices which are prevalent in many societies.9 And based on this CSW and UNICEF meeting, the CSW considered the theme ‘elimination of all forms of discrimination and violation against the girl child’ in 2007–2009. With the help of these reports, the condition of girls and women in society was explored and new programmes and policies were introduced by the UN and other organizations. An EGM explores and shares various achievements and challenges in addressing all forms of violence, exploitation and discrimination against the girl child (Goonesekere 2006, 1). These experts are chosen from various fields to provide proper and appropriate recommendations. Their field expertise helps evaluate the success and failure of the policies. The EGM highlights 9 http://www.un.org/womenwatch/daw/Review/english/49sess.htm (accessed on 8 December 2014).

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those aspects that are the main obstacles in the welfare of the girl child, such as it focuses on the protection of the girl child from HIV/AIDS and protects them in armed-conflict situations (ibid., 1–2). This group underlines the health and social barriers which have a negative impact on vulnerable sections. And these expert comments are very resourceful in policymaking.

Mechanism on Reporting Systems Reporting on the theme is also a very critical mechanism; for instance, UNFPA every year reports on the practice of child marriage and highlights the data on this horrific crime against humanity. It explains the existence of this ill tradition in different societies and the number of girls and women who suffer because of this tradition. Monitoring and evaluating (M&E) is always an effective tool of mechanism. Since 2010, the UNFPA and UNICEF along with the Harvard School of Public Health’s programme on International Health and Human Rights are actively engaged in developing M&E programmes to collect data on FGM and keep an eye on this harmful tradition. Every country office of UNFPA produces an annual report and a global report on child marriage and FGM; UNFPA and UNICEF prepared a global report every year from 2008 to 2011 on this issue. They publish the report every four years and it plays the role of a crucial mechanism for making policies and programmes for FGM eradication (UNFPA and UNICEF 2014, 32). There are many international agencies who apply the uniform approach in the assessment of any problem for all regions of the world. They ignore what kinds of different reasons persist in different areas of the world (Table 2.1). The reporting and monitoring system of individual countries has emerged as a valuable mechanism for evaluating challenges and opportunities for the girl child-related policies. According to the UNFPA–UNICEF joint report on FGM Phase 1, 2008– 2013, ‘The revision to the joint programme’s M&E framework in 2011 gets into better focus about the shortfalls and challenges

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  Monitoring and Evaluating at Different Table 2.1 Intervention Levels Focus

Monitoring Activities/ Systems

Global policy, MTSP monitoring global strategy, Children’s goals monitoring regional priorities Child info

Evaluation Activities Global, regional thematic evaluations global, regional syntheses of evaluations meta-evaluations

Regional quality assurance Regional analysis reports systems multi-country evaluations Country programme

Situation assessment and analysis

Evaluation of country programme

Common country assessment early warning monitoring annual reviews

Mid-term review Self-assessment

Annual management reviews mid-term management review CO quality assurance indicators Programme/ Project

Mid-year progress reviews Field visits

Programme/project evaluation

Annual management review Source: UNICEF (2003, 109–120).

of programmes as well as the difficulties in implementation’ (ibid., 33). UNFPA gives the yearly report on child marriage and highlights how many girls have suffered from the age-old tradition of child marriage through their data. The mandatory reporting system is necessary for various fields. The mandatory report plays a major role in eliminating child sexual abuse (CSA) which is generally faced by children. Especially in school, children face many types of physical and 68  Rights of the Girl Child in India

sexual abuse (Goldman and Grimbeek 2009, 223). Girl children are more likely to face sexual abuse and get sexually assaulted as compared to boy children. According to the Australian Institute of Health and Welfare (AIHW 2006), girls are likely to face two or three times more sexual abuse than boys and these sexual abuse is confirmed in about 10 per cent of cases. Through the mandatory reporting system, it is compulsory to report on these types of cases. According to the Western Pacific regional office of WHO, in some countries, domestic violence laws or laws on sexual assault say that mandatory reporting is necessary from the healthcare providers who treat the child victims of this crime. This is helpful in countering the violence against girls and women (WHO 2008, 38). The enhanced reporting system of healthcare providers could be helpful for the government to create laws for domestic violence against the girl child.

Universal Periodic Review The other mechanism is Universal Periodic Review (UPR). UPR is a process of the Human Rights Council which involves a review of the human rights records of all UN member states. The idea of UPR was given by the UN Secretary-General, Kofi Annan, who requested the states to submit a report on the progress of human rights situations in their territories (Hickey 2012, 3). The UPR mechanism basically provides a forum to members for an open dialogue and discussion on the implementation of basic human rights and freedoms. Moreover, not only the state stakeholders are present in this UN Peer Review (UNPR) meeting but NGOs are also welcomed. States give recommendations to peer states on certain issues. Peer states are not obliged to accept all recommendations and have the right to reject the peer recommendations (ibid., 7). For instance, in April 2008 review meeting, the United Kingdom rejected the Indonesian recommendation on the issue of UNCRC (ibid., 7–8). However, the UNPR system is the organized discussion on the issue of women and girls. Peer states are recommended to ensure that all human rights should be provided to all people in their territories without any discrimination on the basis of gender and sex. The issue of girls The Status of the Girl Child   69

is explored on this level. For example, the United Kingdom pointed out the cross-government strategies to address the issue of women and girls from different regions (ibid., 30). Through monitoring, the human rights’ condition in certain territories has improved; and in the process of evaluation of human rights, UPR monitors the rights of the girl child as well.10 NGOs with capacity for reporting and reviewing publication of reports also play a very important role as a mechanism for making any policy and operational activity related to the girl child. They create a platform for action and discussion which becomes helpful for goal achievements for actors. For example, the NGO Awaaz (a Nepali word meaning ‘voice’) argued and emphasized that a standard format needs to be developed for data collection on the issue of the girl child and consensus should be reached through dialogue (UN 2006, 20). UNCRC committees evaluate the state parties’ reports on the proper implementation of CRC in their countries. However, the committees also prefer reports of NGOs of related countries. The reports of NGOs are basically to inform the committees about the progress and inadequate reform process of CRC implementation. They highlight the condition of children as well as the condition of the girl child (Theytaz Bergman 2006, 10). While some of the NGOs did not specifically address the issue of the girl child, the latter is signified within the general group of ‘children’, ‘women’, or ‘disadvantaged groups’ who suffer’ from discrimination’ (Goonesekere 2006, 3). The states’ role to protect the well-being of disadvantaged and vulnerable groups is always exposed by these NGOs, and this plays an important and positive part of in effecting programmes and policies.

Mechanism as Data Collection To gauge the success of any programme or policy or to consider whether there is any need for change in the policy or programme the evaluation of the policy is required. And as 10 https://www.ohchr.org/EN/UDHR/Pages/Introduction.aspx (accessed on 17 March 2020).

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discussed earlier, various types of mechanisms play a vital role in this evaluation process. The data from various sources provide the actual figures about the outcomes of policies and programmes. For example, many international and regional organizations collect data on the development and condition of children, women, girls and other vulnerable groups, and publish this data, which is very useful for future programmes and policies. The published data of UNICEF, UNIFEM, WHO and other organizations on the policies of the government and non-state actors become an effective mechanism for evaluating the actual progress and challenges about the implementation of the policy or programme. UNFPA along with the state government collects data relating to the girlchild population in the country. It also presents the data on child marriage and girl-child enrolment in schools. UNFPA is not supported by the regular budget of the UN; however, the governments’ voluntary contribution supports it (UNFPA 2014, 6). UNFPA also works in partnership with civil society. Data on the girl child states the facts about their health and poor position in society. It alerts us about the need for relatively global efforts for the development of basic human rights of the girl child (Woods 2009, 206). Data on deprived groups seek the attention of the world community on the pathetic condition of these groups. The UN Development Programme publishes the Gender Development Index (GDI) which shows the situation of the girl child around the world, which includes the member countries’ reports on gender development. The Gender Inequality Index (GII) and other gender-related data mechanisms play a supportive role in the girl child issue. The GII has shown the actual status of the girl child in the whole world and other basic fundamental rights situations such as life expectancy, health condition, literacy and enrolment in school. For making adequate policies to improve the condition of the girl child, it is compulsory to have sufficient and relevant data on the issue of gender. This data is made available by GDI (Economic Commission for Africa 2004, 5).

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Mechanisms are focused on the collection of data. They do not assess the overall development and overall impact of any programme for the child. For example, in the case of educational statistics, they present sobering insights and the primary focus has been on the number of girls enrolled in schools; there is very limited information on other vital dimensions of the learning process (Saith and Wazir 2010, 405). Without the availability of adequate data, it is difficult to explore the actual problem of girls in certain areas and formulate programmes and policies to counter that. For example in 2000, there were many African countries which ranked below 100 in GDI and only Egypt was included in the Gender Empowerment Measure (GEM). The cause of exclusion or lower rank was insufficient data (Economic Commission for Africa 2004, 5). The availability of adequate data plays an important role in policymaking. Through data mechanism, the actual condition of the girl child in certain regions can be explored so that the policies and programmes could be formulated accordingly to improve their condition.

Conclusion Girl children hardly got a separate identity before the Beijing Declaration and were considered as a subset of children by the UNCRC as well as a subset of women by CEDAW. In this context, the issue of the girl-child faces a long battle for a separate identity. As this combat for identity underlines that the girl child suffers from various challenges, she is more victimized than a male child as she suffers twice—because of her being a child and a girl as well. So she has to face sexism and repercussions of being a child as well. Hence, she suffers not only crises such as wars or natural disasters but also sexual exploitation such as rape and sex slavery and other types of explicit and implicit violence. Even in the domestic arena, the girl child faces many types of problems in her own family and has certain peculiar problems other than those faced by the boy child. The patriarchal set-up of society which is present in many parts of the world puts girls and women in a lower position than boys and men. The

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girl child faces different kinds of problems which are based on gender discrimination such as female foeticide, FGM, systematic rape, child prostitution, child pornography, child marriage, dowry system and so on. Apart from these, many kinds of social norms and traditions that are present in various parts of the world. In many cultures and societies, the girl child is neglected in her own home and not given appropriate care and nutrition that affect her health. Child marriage is not only dangerous for the girl child’s physical health, but it also affects her mental condition. Despite the various challenges which are faced by the girl children, they were not taken up as issues of international concern. It is to be noted that there is no official definition for the girl child provided by the UN or other regional organizations. Before the Beijing Conference, there was no separate international agenda for the girl child. However, regional efforts engaged constantly in their programmes on girl-child protection and development were present. UNICEF’s Board recommended in the 1990s that UNICEF’s programmes and strategies for the decade would address the needs of the girl child, and thus they worked on it in the following years of the decade. SAARC also drew attention to the girl child and designated the 1990s as the ‘Decade for the Girl Child’. Through research and help of media, SAARC has tried to explore the problem of the girl child. Before the Beijing Conference, there were initiatives taken by the UN through the ECOSOC, CEDAW and CWS, which tried to highlight the issues of women and the girl child. There are various kinds of norms and standards that have been formulated relating to the girl child. Girl child problems were addressed through several general and specific treaties under international norms and laws. Right to birth, the right to equality and many other norms and standards are created by regional and individual governments for girls. Education is a crucial tool for any human being to build a life with dignity. Article 26 of the 1948 UDHR states, ‘Everyone has the right to education’. The UN through this right allowed the girl child

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to be treated equally as boys. Individual governments have encouraged the right to education and formulated the norm of EFA and not only for a part of society. EFA sets standards of sustainable development through education. Gender equality and women empowerment which is the third goal of the MDGs also emphasized that the disparity related to the girl child should be eradicated. Norms for child marriage set up by the UN defined the age of marriage. Article 16 of CEDAW states that men and women have the same right to choose a spouse and to enter into marriage through free and full consent. It also states, ‘The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory’. The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages was opened for signature and ratification by the General Assembly resolution 1763 A (XVII) in 1962 and came into force in 1964. According to UDHR, 1948, ‘Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care’. With these various efforts, the international community encourages the activities which are related to the elimination of child marriage. Through active and immediate action against this crime, it can be minimized. The health of the girl child is also taken as a serious issue and various norms and standards are formulated for this. ‘Mechanism plays a vital role in formulation of any programme and policy’. There are various kinds of mechanisms that have been set up by the UN, regional organizations as well as individual governments, such as the mechanism of reporting, mandatory reporting and UPR. Survey systems of individual countries publish the annual survey report on various social issues. The mandatory reporting system is necessary for various fields. UPR is the sub-body of the United Nations Human Rights Council (UNHRC) that was established by the UN General 74  Rights of the Girl Child in India

Assembly on 15 March 2006. It is not directly related to the girl child but reports on human rights. And as discussed, in most parts of the world, the girl child has to face various human rights violations and other difficulties so this UPR provides the data about the condition of girls and women in certain countries. Due to the inferior position of girls and women in society, their rights and needs are ignored by the family as well as society. With this mechanism, the UN highlights the rights accessed by and opportunities provided to the girls and women across the world. Data mechanism plays a vital role in formulating girl-child policies and programmes. It becomes an effective mechanism of any policy and programme for evaluating the actual progress and challenges in implementation. Such data on the girl child’s health and poor position in the country help the policymakers to formulate programmes and policies to counter the challenges which encourage discrimination in society. GDI, GII and so on are the types of data that explore the condition of girls in society. With these programmes, policies and various mechanisms, world communities are actively engaged in countering the peculiar issues of the girl child. Children and specifically the girl child are vulnerable as they have to deal with the double menace of childism and sexism. The issues of the child and the girl child are not just matters of concern for one state or region but are present around the world in different forms. As the problem is wider, it needs a collective approach from all state and non-state actors. With the international norms and standards, it also needs the cooperation and formation of national norms and standards as different states in different parts of the world have different traditions for children and the girl child. There are various harmful traditions for women and the girl child that are present in certain states only. Those countries and regions need both international and national support to help these neglected sections of society. For effective implementation, the regular mechanism must monitor the programmes and policies. A holistic approach and strategy are the key factors to tackle the issues of this vulnerable group.

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3

The Girl Child as a Vulnerable Segment in India Causes and Consequences

Children are a vulnerable group as they are unable to defend themselves or raise their voice for their rights provided by the Constitution. At the time of conflicts as well, children need protection as they are unable to take care of themselves. As discussed in Chapter 2, children were considered the private property of their parents and were never seen as a topic of public discussion until the middle of the 20th century. Children cannot defend themselves and are therefore easy targets. They suffer the most in any crisis or challenging situation. With these aspects, it is to be noted that good parental care is essential for the healthy upbringing of children. Although all children are vulnerable and easily victimized in any crisis, the girl child gets affected the most. The girl child is the most marginalized and vulnerable person. She faces more discrimination because

of her tender age and gender. Hence, a girl child needs more attention than a boy child. The girl child faces many types of exploitation at home as well as in society. Thus, the girl child is subjected to suffering from both sexism and ‘childism’, and with these more vulnerable issues, she is at the intersection of women’s and children’s rights (Feliciati 2006). Due to this peculiar condition, the debate emerged that the current complexities and challenges of women are the future challenges of the girl child and also that the present-day challenges of the girl child are mainly associated with the past of women and girls. Besides women and girls, the girl children suffer in many societies because of their gender and inferior position mandated by cultural norms and traditions. This discriminatory and marginalized identity in society creates a for them and they are vulnerable by the norms of patriarchal inheritance. This chapter explains the social, religious and cultural causes that deprive women and girl children of being in the mainstream of society and make them more vulnerable and embattled. Social and cultural norms like the preference for a son as a symbol of status create the image of the girl child as a burden or liability for family or parents. The chapter proceeds to discuss the various harmful traditions which lead to deterioration in the status of the girl child and women in society. Harmful traditions and incidents—female foeticide, female infanticide, child marriage, abuse, trauma, prostitution, rape, sexual exploitation and many such hazardous practices which occur in society—specifically have an adverse impact on the girl child and women. This chapter highlights the consequences of these harmful and precarious practices for women, girls and the girl child. Women, girls and girl children are an oppressed section in many societies across the world. As discussed in the previous chapter, women and girls suffer the various oppressive norms which are formed by the patriarchal society. Moreover, in the Indian context, the situation of girl children is more challenging because they face many kinds of exploitation based on gender, caste, poverty, section and many other factors. The Girl Child as a Vulnerable Segment in India  77

Apart from all these, there are traditional perceptions like women being inferior to men, along with the girl child being predominantly unwanted by many families. The patriarchal system affects the condition of women and girls in society. Social norms and obligations often deprive the women and girls of various rights and access. The patriarchal structure of society is one of the major reasons for the poor conditions of women and girls.

The Complexities of the Girl Child: The Indian Context Indian culture has very strong underpinnings of patriarchal society and this creates stratification and differentiation based on sex and gender. Women and girls face discrimination based on their gender and this is an integral feature of all castes and sections in Indian culture. Women and the girl child face many challenges which are very peculiar compared to those of men and the male child. For instance, female foeticide, female infanticide, child marriage, physical and mental trauma, poor health care, sexual exploitation and many more complexities are present in Indian culture.

Historical Evidence and Condition of Girls Historically, the condition of women and girls can be traced back to the times of the Harappan civilization, Rig Vedic and later Vedic periods. Traditionally, the status of women, girls and the girl child has been considered inferior to men and the boy child. This inferior position and discriminatory norms make them vulnerable in society. The first civilization of the Indian continent is the Harappan civilization which represented equality among women and men. Pieces of evidence from excavations manifest that the condition of women was respectable in that period. Although we cannot explain the condition of women in the Harappan civilization based on written sources as the information is based 78  Rights of the Girl Child in India

on proto-history, various terracotta figurines of goddesses found during excavations have led scholars to believe that the condition of women and girls was decent and respectable at the time of the Harappan civilization (Sharma 1999). In the Rig Vedic period, the condition of women and girls could be traced based on the Vedas and Smritis. These sources denoted that they were the vulnerable group who were dominated and controlled by the male members. The position of women and that of the girl child was lower than that of men and the boy child in the patriarchal society; although the birth of a son was desirable, the Rig Veda does not mention anything about the desire for a girl child (Sharma 1999, 75). Although the Rig Veda mentions that the practice of widow remarriage was prevalent, there is no indication or statement in the Rig Veda about child marriage in the early Rig Vedic period (ibid., 75–76). Despite the prevalence of widow remarriage and absence of child marriage, the condition of women and girls was not good in this period as various sources state that during the later Vedic period the status of women had declined (ibid.). According to Sharma, although in the Rig Veda the practice of yoga is evident, there is no mention of child marriage (ibid.). Generally, the marriage of girls used to take place at the age of 16 or 17, but the status of the girl child did not seem to be necessarily better than in the later period. Women and girls were marginalized by the male-dominated society. Even in the medieval period, women and girls were oppressed in the name of religion. Many sources state that polygamy was practised in this period, which made women a symbol of war victory. In modern India, during the British colonial period until 1947, there was no major improvement in the condition of women and the girl child. Women and girls were deprived of proper education, rights to choose a spouse and many other rights. For instance, the literacy percentage of women was very low in 1947. According to Bipin Chandra (1976, 99), only 2 per cent of girls were literate or attended school in 1921; only 490 girls attended high school in the Bengal Presidency in 1919. The reason behind this low literacy rate in girls was that the The Girl Child as a Vulnerable Segment in India  79

education of girls was ignored in initial education policies. This changed only when the British started giving attention to girls’ education. In many policies for education during the colonial period, the issue of women’s education was raised by the policymakers. Although the issue of women and girls did get much attention in British India, this was not sufficient because the condition of girls was lamentable, and they faced much discrimination based on sex, poverty and caste. The consent of women and girls was either never taken or completely ignored in the cases of marriage, education, decision-making and many more important aspects. This oppressive environment marginalized this section, and they suffered through various challenges and complexities in every culture and community. For instance, the CMRA (1929), raised the age of girls for marriage to 14 from 12, but there was the least participation of women in its formulation (Hatekar, Mathur and Rege 2007, 145). Negligible participation of women and girls towards policymaking related to them made them dependent on males and their norms. Women from all religions and communities were oppressed by the patriarchal social customs. Furthermore, the CMRA (1929), was more on paper than in practice. This difference between letter and spirit is evident even today: more than 40 per cent marriages are child marriages (UNICEF 2011). The recent data on child marriage practices in India showed a declining trend. According to UNFPA and UNICEF’s recent data, which was published in 2016, in the last decade, there has been a significant decline in child marriage practice in India. Prevalence of child marriage in India was 47 per cent in 2006 which declined to 27 per cent in 2016. It was a very positive sign for the girl child and women. Although the percentage of child marriage has declined in the last decade, it is to be noted that even after a long period of legal initiatives, the practice of child marriage is still prevalent in various states of India. And due to this harmful practice, the condition of child brides is horrific. With these historic deprivations of various rights and access to welfare, the girls and women are marginalized from various

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sections. And it is to be noted that the peculiar condition of girls and women can be traced from ancient periods, where women were only seen as an object of property and did not have much participation in decision-making. These historical deprivations of various individual and community rights had very harsh consequences on women’s position in society. In the current Indian society too, the position of women and girls is inferior to that of men or boys. They are marginalized and are still considered secondary to boys in society. In a patriarchal society, they face discrimination in their own home, school as well as in society. This encourages the traditional perception of males being considered as a symbol of status and females being perceived as liabilities for their families in Indian society. The girl child faces discrimination before her birth as well as after her birth and this creates an unequal platform for women. Before birth and until death, women in every stage of life suffer from various deprivations based on discriminatory social norms, patriarchal dominance and so on.

Traditional Perception of the Girl Child Traditionally, there are various social phenomena present in Indian society that promote the inferior position of women and the girl child. The patriarchal structure of the society is the basic cause of this discrimination. This discrimination is not only a significant character of the Indian society but is also present around the world in different forms. One of the traditional perceptions about a son is that only he can perform the last rites at parents’ funerals and daughters cannot participate in these rituals. Such customs which were formed by the society diminish the desire for a girl child in the family while the absence of a son is considered as an incomplete family. The other traditional perception is that girls are seen as temporary members of a family as they leave after marriage. Due to this phenomenon, generally, families ignore to invest in the welfare of the girl child such as in her education, employment and health (Hatekar, Mathur and Rege 2007).

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The other perception is that the girl child in Indian society is seen as a liability of family and parents and due to this, they are married off at a very young age. This creates a circle of exploitative environment for girls in. The practice of child marriage is the consequence of this patriarchal culture as patriarchy has a stronghold on Indian society and contributes towards lowering the status of women and girls in every possible way (Sagade 2015). This stronghold or controller image of males often signifies that the position of a male is more important. This phenomenon also promotes the desire for a male child in contrast to a female child. Girls and women are considered as temporary members of the family and they are sidelined by the parents and society in the decision-making process. Due to these least inclusions in decision-making and lack of inclusion in future roadmaps aspects, women are portrayed as decision followers or devotees instead of equal contributors.

Female Foeticide: Patriarchal Inheritance The practice of female foeticide is dangerous and harmful. It not only creates gender disparity but also drastically changes the societal norms for the section. As discussed earlier, in Indian culture, the son is seen as a symbol of status and the daughter as a liability or burden for the family. The economic and social burden is a stigma for girls and due to this disgraceful image of girls, parents’ desire for a male child is more than for a female child. It is to be noted that through various medical innovations such as ultrasound scans, the sex of the foetus inside a woman’s womb can be determined. Despite sex determination being illegal in India, the foetus is often aborted if found to be female (Jena 2008, 8). Thus, the female child is murdered before birth. Abortion was made legal in India only for certain medical purposes. The Medical Termination of Pregnancy Act, 1971, states that in serious medical conditions a doctor can permit abortion (Sagade 2015). Although various restrictions were imposed on the misuse of medical technology for sex

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determination, in male-dominated, traditional and patriarchal inheritance, the birth of the girl child is discouraged. In most parts of India, people suffer from this inferior mindset regarding the girl child. There are various social discriminatory and harmful norms which promote female foeticide directly or indirectly, such as only the son can perform rituals for the family and the dowry system. After the birth of the girl child, she faces discrimination at every stage of her life. The dowry tradition is present in many parts of Indian culture in different forms. In this harmful practice, the marriage of girls becomes a big issue for family and parents. Jaya Sagade in her book Child Marriage in India states that in a patriarchal society, the girl child is seen as a burden for her family as the practice of dowry system is an important cause for child marriage as well as for female foeticide (ibid.). Women and girls are generally excluded from the customary ceremonials and participation in social, cultural and family rituals. These discriminatory social and cultural practices promote the desire and preference for a son in the society. These practices pose a threat to the girl child’s life before she is born, resulting in sex determination and female foeticide. According to Kishor (1993, 248), a son or male child may be seen as the economic supporter of the family and performer of all rituals, while a daughter is seen as a great economic liability (dowry and someone who does not stay in the family after marriage) for family and parents. Due to these discriminatory and inherited patriarchal cultural and social norms, a son is seen as a big source of social and political power, whereas a daughter is seen as inferior to him; this further promotes apathy towards the female child. Sex determination is associated with the patriarchal phenomena and the main intention of this determination is to prevent the birth of the girl child. These are some reasons which increase the practice of female foeticide in society and it results in a vicious circle of harmful consequences of the act. The girl child faces life threat even before she is born. It violates the right to life which is inherent

The Girl Child as a Vulnerable Segment in India  83

to all living beings. It is to be noted that the heinous practice of female foeticide not only creates gender imbalance between males and females but also has a very harmful impact on society as well. For example, poor sex ratio, sexual and physical crimes against women and lower position of women.

Consequences of Female Foeticide: Poor Sex Ratio and Social Disparity The practice of female foeticide has resulted in a wide range of negative impacts on society. The constant practice of female foeticide sharply decreases the population of females in society and creates a big gender disparity. And the consequences of this disparity are poor sex ratio, gender-based violence and lower position of women and girls. For example, female foeticide is widely linked with the lower position of women and girls in society as the population of females is lower than that of the male population. And this low position creates a platform for male-dominated society to deprive women and girls of the main section of social participation. It also makes them vulnerable in society as they are very weak by social and cultural norms and likewise, their being a minority in number and population also plays a vital role in social and cultural participation. The other example is that some states of India have a wide gender gap or extreme gap in the child sex ratio (CSR); for instance, less than 900 girl children per 1,000 boy children in many Indian states. According to the final data of Census 2011 (Figure 3.1), CSR is declining in India and only 914 girl children per 1,000 boy children were recorded in 2011 population. This data showed a decline of the girl child population because according to the population record data of 2001, the ratio of the girl child and boy child was 927 per 1,000. This disparity between male and female child creates a big gap and a breach in the men and women ratio in society—something which is very dangerous for the social order. The tradition of female foeticide is prevalent in some of the Indian states and these states suffer from heinous consequences, for instance, large CSR differences

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990 980 970 960 950 940 930 920 910 900 890 880

976 964 941 930

962 934

945 927

933 927

1961

1971

1981

Child Sex Ratio

1991

2001

940 914

2011

Female Sex Ratio

Child Sex Ratio (0–6) and Overall Sex Ratio Figure 3.1  of India Source: UNICEF (2011, 36).

in Haryana and Punjab. Both states have only 834 and 846 girl children per 1,000 boy children, respectively (Census 2011). This is a serious reason which adds to the growth of sexual crimes against girls and women. In India, in identifying the female foetus and carrying out an abortion, many kinds of equipment are used. Even after laws and regulations turned strictly against female infanticide, the abortion of the girl children still takes place at a very high rate. According to Agnihotri (2003, 4351), abortion is a ‘barbaric’ practice which is carried by non-professionals or less powerful persons such as the traditional dai (usually an old lady of the household). These non-medical modes of abortion sometimes result in various heinous health consequences for women. Various child welfare organizations have also raised this issue and drew the attention of the government to this unhealthy practice against women and girls. They have stated that there are many reasons which make the girl child’s life difficult and they are killed before their birth. In India, the girl child often has no right to life since they are killed before their birth. In some states

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of India, such as Punjab, Haryana, Madhya Pradesh and Gujarat, the female foeticide rate is very high (UNICEF-India 2020). This creates a big gap between the male-female ratio in society. Female infanticide is also another consequence of female foeticide. In Indian society, increasing incidents of female foeticide not only decrease the position of women and girls in society but also make them more vulnerable. And many female infants are killed by the family and parents. According to Singh and Kapur (2001, 9), in India, there is a higher rate of girls’ infant mortality than boys; not only is the female foetus aborted but one-year-old girls too are killed. It is seen that one-year-old female child deaths are higher than one-year-old male child deaths. Thus, infanticide increases CSR in the country. The status of the girl children is in a horrific condition in India and they face many kinds of difficulties in society such as murder in the form of female infanticide, child marriage, dowry system and child widowhood. Female foeticide creates various challenges for women and girls and makes their position in society vulnerable. It also promotes a discriminatory environment for girls and women in society as the majority in population dominates over the minority. Women and girls are a minority in the population and this number is further decreasing since the 1990s.

Discrimination against the Girl Child: Social and Economic Factors Discrimination is a tool which generates an environment where women and girls are deprived of various rights and authority based on gender, caste, religion and many more societal norms. This discrimination towards the girl child starts in her family in the name of gender and the tradition of preference for a son, supported by the society in the name of religion and customs. This collective support against girls and women makes society prejudiced towards them. The girl children suffer many kinds of discrimination in the family, such as in share of food,

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medication and other essential requirements. The girl child is seen as a burden for the family and is not always treated as a family member. In India, there are large numbers of girl children who are unwanted at their birth or are killed in the womb. In addition to that, they face discrimination during childhood or are neglected by their family, victimized by social abuse and violated by society and community which create a big challenge for them to survive (Chakravarty 1998, 16). Discrimination starts before the birth of the girl child and it stays during the whole life of girls and women in various forms. Girls are taught by the family members to do household work and are always reminded that they are emotionally and physically weak, which makes them dependent on the male members of the family. In many cultures, the girl child is taught that her role in the family and the society is to be a nurturer and caregiver, whereas the boy is taught to be a protector. She is taught to be submissive and subordinate to the boy. This kind of role differentiation and attitude is constructed and nurtured by the family, school and almost all the social institutions (Berman and Jiwani 2002, 2–3). She faces physical and psychological exploitation based on gender. The discrimination based on health and welfare among the male and female child is also very high; for instance, nutritional neglect in the family and various welfare aspects in society are in favour of the male child. Such discrimination in society and environment affects the overall development of the girl child in various regions of the world. For instance, authors have traced how the girl child before birth and in early childhood in South and East Asia experiences different types of discrimination; such studies reveal poor sex ratios at birth, high rates of mortality of the girl child and lesser access to education and health facilities for them (Croll 2006, 1288). These discriminatory aspects emerge from the root of family normative rules for girls and boys. With traditions such as masculine legacy in culture and social norms which are in favour of the male. Society wishes and desires for sons determines the sex of the unborn foetus, and if it finds a female foetus, then it is killed

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before birth. In this manner, the girl child faces discrimination before their birth. Economic discrimination is another instrument of discrimination. The participation of women in the labour force has increased since the last few decades. The World Bank also gave data that women’s participation has increased from 60 per cent to 70 per cent in low-income countries and has increased from 50 per cent to 80 per cent in high-income countries (Mikkola and Miles 2007). Although the participation of women has increased in various sectors, it is to be noted that the wage or pay of women has not increased at the same pace. And still, the salary of women for the same work is relatively lower than men, and this is the scenario in many countries. Various data and statistics underline that the women’s earning status is lower relative to men in developing as well as high-income countries (ibid.). Women and men employment ratio is unequal as well as the equal pay for equal work is also only on paper instead of practice. Discrimination on the basis of payment and wages is an issue which is present in both developed and lower-middle income countries. In the Indian context, it is stated in various data that women participation in the unorganized sector is ignored by the male-dominated market and women are paid minimum wages.

Consequences of Discrimination: Victimization of Social Disparity Poor health, infant mortality, educational disparity and least participation in decision-making are the consequences of discrimination against women, girls and the girl child. Girls are deprived of basic healthcare facilities by their parents and family as they are seen as a liability on their families. A large number of girl child deaths in infancy and early childhood are due to the negligence she faces in the family and lack of adequate food and medical care (Kishor 1993, 247). She suffers negligence because the traditional perception of the girl child is that she is not a family member and would leave the family after marriage. Due to this reason, the girl child is discriminated

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and deprived of care such as medical, food and other essential requirements. This negligence and deprivation of essential requirements is the major cause of high female child mortality. Female mortality is extensively recognized as deep-rooted in economic and cultural factors. In some societies, female foeticide and mortality rates are so high that they cause lopsided demographic ratios, which made some authors see females as an ‘endangered’ species (ibid., 247–250). Thus, the girl suffers from the lower position given to her in the society and imposition of various kinds of discrimination. This lower position in society and family imposes various harmful social norms in this section. For instance, family honour, control over women, honour killing and forced marriages are the few social discriminations prevalent against women and girls in the Indian society.

Child Abuse: Mental Trauma The girl child faces discrimination in household chores, as discussed earlier. Girl children are brought up as being responsible for everyday work, which is not commonly faced by boys. The girl child faces more emotional abuse than a boy child and in more than 80 per cent of the cases, the abusers are parents or family members. Most of the time, the main victims of abusive language are girls. In Indian society, the girl child is often oppressed and faces discrimination in the name of culture, tradition or older norms. The girl child, generally, is not treated as similar to the boy child and due to this discrimination, more than 45 per cent of girls wish that they were boys (Dabir and Nigudkar 2007, 2863). This abuse, which affects their psychological health, has become a common practice in the lives of most of the girls. Child abuse is one trauma for children which affects them mentally and at times physically too. Any kind of harassment, whether emotional or physical, is considered as child abuse ibid., 2864). All children are negatively affected by child abuse trauma. However, the girl child is affected more from the abusive environment rather than a boy child. Physical exploitation (child

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labour and harassment), emotional trauma (child prostitution) as well as marital harassment (child marriage and child widow) are all manifested as various forms of child abuse which distress and disturb the girl children more (Kulkarni 1997, 1522). This mental trauma on children is explained by various researches as well. The Indian Medical Association (IMA) and UNICEF India jointly took the initiative against CSA and explained how it has a harsh impact on children. This is one recent initiative of UNICEF in India which is working for the welfare of children and health issues of the girl child. They equip medical practitioners with detailed information on drivers of CSA. It is these practitioners that have to identify and report about the treatment of the case of CSA. This joint programme started in February 2014 (The Hindu 2015). Under the supervision of state branches of IMA, these doctors and trainers are active at the district level. While handling the case of CSA, the doctors should emphasize on implementing the 10 keys known to them (ibid.). This initiative will bring it to the attention of the government and the international organizations as to how grave this issue is, which has a crucial effect on children. The girl child faces many types of discrimination in the education field due to traditional gender phenomena. In most parts of the world, the patriarchal form of society exists where girls are seen as inferior to boys and are deprived of the rights of education. Parents pay more attention to the education of boys and ignore that of girls. In many places, girls do not enrol in school and if enrolled, the dropout rate is high, that is, they leave without completing their education. Education of the girl child is also hampered by child labour in most families as the girl child is made to do the household work (Alabi, Bahah, and Alabi 2014, 400). The disparity in literacy among males and females in India is one of the big consequences of discrimination against girls and women. Gender norms in favour of males are also a consequence of discriminatory aspects of society. For instance, child marriage

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of girls is a cultural value which promotes the gender norms in favour of dominance of males in sexual relations (Sagade 2015). Inevitably, the practice of child marriage affects the girl child as she is often raped and sexually assaulted in the marriage. These types of marriages are associated with control over the sexuality of women and girls. These causes and consequences of discrimination are rampant in Indian culture and society. Such discrimination creates very harsh consequences for girls and women in society. Girls face life threats, identity crisis and sexual and mental exploitation in many different forms. This issue that the girl child needs immediate attention from the world community as well as from the state governments has been highlighted by various researchers. The consequences of gender disparity in many fields and special protection of the girl child are not only issues of the lower-middle income countries, but in the high-income countries too, the girl children face violence and discrimination of a different nature. Therefore, it is an equally important issue in high-income countries. The girl child in a developed country, who marries at an early age, also faces threats of violence and murder. For example, in Canada, a girl child is subjected to a large range of violent behaviours, attitudes and practices; for instance, adolescent wives between the age of 15 and 19 are three times more likely to be murdered as compared to wives who are older (Rodgers 1994, 2–8). Violence against and exploitation of the girl child occur across the world and most of the time the girl child faces these kinds of difficulties within the family. In most of the cases, the girl child continuously faces rape and sexual exploitation by her family members. The girl children are more likely to be victims of sexual and physical assault by family members than boys and this peculiar condition of girls is mainly associated with gender disparity and gender discrimination (Berman and Jiwani 2002, 2). Girls suffer discrimination in family and society which affects them mentally and most of the time they start accepting such discrimination as part of the societal norms, which they feel are mandatory. Many traditions and customs present in society affect the health of the girl child physically or mentally. FGM is also a big The Girl Child as a Vulnerable Segment in India  91

challenge to the health of the girl child. Genital mutilation not only affects a girl’s health but also affects her mentally and emotionally. In the Indian context also child brides are often forced to leave their house and go to in-laws’ house after marriage which creates psychological trauma for them. Household work and sexual activities are general aspects of marriage and teenage girls are forced into these activities without their free and full consent. Thus, the health of the girl child has been deteriorating not just because of harmful traditions (child marriage, teenage pregnancy and FGM) but also due to constant discrimination. Mental trauma, fear and pressure become common matters in this aspect. As many societies of the world are patriarchal, girls are neglected by their family members. Many traditions, such as preferences for sons, sexual exploitation, sexual abuse, violence against the girl child and discrimination against the girl child in food allocation are the discriminations which not only affect the girl child’s external health but are a big reason for fewer girls surviving than boys in adulthood. The girl child also suffers from nutrition deficiency more than the boy child.

Child Marriage: Control over Sexuality Marriage is an important aspect of all cultures and societies. In many cultures, marriages are considered as a religious subject, whereas in certain cultures, it is considered as a contract between two people with full and free consent. Despite the above challenges, child marriage is another major problem of the girl child which not only violates their various basic rights but also has a negative impact on their overall development. Although this tradition is present in most parts of the world, girls from lower-middle income countries are affected more by this harmful practice. According to the International Centre for Research on Women (ICRW), 47 per cent of marriages in India are child marriages or forced marriages, that is, either one or both parties were forced into marriage without their free and full consent. This is a major cause for girls to face domestic violence (Malhotra et al. 2011). Although male and female children 92  Rights of the Girl Child in India

both suffer due to this marriage, girls suffer more due to their lower position in society; the patriarchal set-up of society adds to their sufferings. Child marriage is a big factor which affects the status of girls in India Premature consummation and teenage pregnancy affect the health of the girl children and also pose a risk to the mental health and personality development of girls. In India, child marriages are very common in some states (Chakravarty 1998, 15). Girls are married at a very young age with very old grooms. Economic transactions are also associated with it a lot of times. The issue of child marriage is crucial in India since the colonial period. The Child Marriage Restraint Act (CMRA 1929) was introduced by Rao Sahib Harbilas Sarda as the Hindu Child Marriage Bill in 1927 in the Central Legislative Assembly (Hatekar, Mathur and Rege 2007, 145). Although this Act raised the age of girls for marriage to 14, which is not very sound in today’s context, it is to be noted that this age was recognized against the earlier age of 12 years. According to that period of the 1930s, it was a positive initiative. After a big fight against child marriage, today, the legal age of girls for marriage is 18 years. Even after a long period, this harmful practice is still present in India. According to the UNICEF and International Centre for Research on Women (ICRW 2011, 3), in India 47 per cent of marriages are child marriages. This concept of early marriage is a major cause of domestic violence against girls. Control over sexuality, poverty, poor literacy, religious beliefs, lack of awareness of health issues and many more reasons promote the practice of child marriage. In India, there were many reasons behind this harmful practice such as illiteracy, poverty and patriarchal mindset. Poverty is seen as the main and common cause of child marriages in India. Parents are relieved from their economic responsibility by marrying off their girl child. Sometimes, parents marry their girls off at tender ages for receiving economic benefits and sometimes to avoid the increasing dowry cost (Lee-Rife et al. 2012, 288). The poverty of parents makes their daughters’ lives very difficult and forces them into marriage at a very early age. Dowry system in The Girl Child as a Vulnerable Segment in India  93

marriage is also a vital reason for the practice of child marriage in India. Girls are seen as a liability for family and parents due to which they arrange the marriage of girls at a very early age and try to free themselves from social responsibility. On the other hand, child marriage is also supported by the males because after marriage a girl joins the family of her husband and supports them in the household work and reduces the economic burden of her husband’s family (Sagade 2015). The illiteracy rate of women and girls is very high in India and the result of it is that girls are not aware of the negative impact of early marriages and are not acquainted with their rights and laws relating to child-marriage prevention. The other reason is that some Indian states have traditional social patterns and norms that explain the tradition of child marriage. These circumstances are a big reason for child marriage (Dora Giusti, interview by author, New Delhi, 30 April 2015). Various laws are made for the abolition of this crime, but due to illiteracy and lack of awareness, girls face exploitation.

Religious Dominance in Society: Social Discrimination Religious dominance and exploitation of women and girls are also consequences of child marriage of girls, which create social discriminatory situations. As discussed earlier, child marriage is one of the big obstacles in the overall development of girls. It not only violates the rights of male and female children but also results in long-term adverse consequences for the girl child. Many rigid and conservative religious beliefs that are promoted by the male-dominated or patriarchal culture support the exploitation of girls and women. Many scholars also explain how the tradition of child marriage existed in India specifically in Brahmanical society, ‘Marriage is in India known as kanyadana, it is a “gift of a virgin” and ritually pure girl, those parents who fail to marry their daughter before the starting of menstruation, commit a serious sin’ (Fuller and Narsimhan 2008, 737). The perception among such people is that girls should be married before the onset of menstruation. Some societies in South India

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and Northwest India are still following this tradition and the condition of the girl children is very poor. Such type of harmful religious beliefs promote the practice of forced marriage in rural as well as urban cultures. However, these norms do not state about the early-age marriage of the male child, they only emphasize the kanyadana of teenage girls and do not set any age for grooms. This deprives the girl child of her rights, like equal rights for free and full consent to enter into marriage. The issue of child marriage is taken as a crucial issue in India since the colonial period, as was discussed in the CMRA 1929 (Hatekar, Mathu and Rege 2007, 145). This Act was opposed by some Indian leaders. They believed that this initiative to change the age of consent for marriage, which was introduced by the British government, should not be adopted by Indian society. They inferred that it was the interference of the colonial government in Indian traditions and religion. The increase of the age of girls for marriage from 12 to 14 was accepted by them based on reform by the outsider. After a big fight against child marriage, today the legal age of girls for marriage is 18 years. After a long period, this harmful practice is still prevalent in India. As discussed earlier, more than 45 per cent of girls in India are married before their age of maturity and suffer from various sexual and physical assaults. ICRW highlighted that this practice of early marriage of girls is also an immense and wide reason for domestic violence against girls and women. Due to their very young age, girls are unable to defend themselves and undergo life-long physical and mental assault. In Rajasthan, child marriages still take place in huge numbers and this practice is present in various castes and communities. Atta Satta, Mirtu Bhoj, group/community marriage and Akha Teej are some practices of child marriage, which are still present in Rajasthan (UNICEF and ICRW 2011, 15). Atta Satta is a practice where the daughter is given in return of a daughter-in-law and this practice is especially present in the Gujjar community. Akha Teej is a festival which is celebrated by Rajasthani people and on every Akha Teej, a large number of child marriages take place (Singh, Dey and Roy 1994). These types of Indian traditions The Girl Child as a Vulnerable Segment in India  95

are rooted and associated with the patriarchal culture where the decisions of all important aspects, along with marriage, are in the hands of the male members of the family. Least participation of women and girls in their marriage decision-making marginalizes them from mainstream society.

Consequences of Child Marriage: Victims of Socio-economic Deprivation The practice of child marriage makes the condition of girls very critical as it comes with various harsh consequences. For instance, early marriages often lead to an early pregnancy, which affects the girl child’s health. The girl child faces unique problems and becomes more acutely vulnerable in crises such as wars and natural disasters. Early consummation creates many health problems for girls such as maternal morbidity and mortality, malnutrition in infants and prenatal death (Chakravarty 1998, 15). Immature consummation not only affects the physical health of girls but also has very negative psychological effects on them and they suffer from lifelong mental trauma. Child prostitution is also a very grave consequence of child marriage. Girls are married during their teenage and due to this, they are deprived of formal education so they are unable to participate in the formal employment sector. With minimum educational qualification child widows often do not have an option to earn money and often engage in child prostitution. The condition of child widows is bad as they are isolated by their family and are also exploited based on many superstitions. In Bangalore, in 1994, a conference was held where attention was drawn to the condition of child widows in Indian society: how widows of ages 5–6 suffer from this practice and their in-laws as well as their parents refuse to accept them. UNICEF brought this point out in its Innocenti Research Centre report (Innocenti Digest 2001, 9). The girl children are married at a very early age and due to that instead of formal education, they are forced into household and other undesired works. Due to this, after the death of their husbands, they are exploited by family and society.

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This type of early-age marriage has a negative impact on the girl child both physically and mentally. Girl children are exploited in many forms such as forced sex and teenage pregnancy because of this horrific tradition. According to Mikhail (2002, 43–44), child marriage is a form of child prostitution; both traditions have many similarities, such as economic transactions between a client and supplier and sexual exploitation. Early marriage affects the overall development of the girl children; specifically, in South Asian and African countries girls are victims of this dangerous practice. Girls are forced into sexual relations without their consent or will as many times they are unable to give their consent.

Social and Cultural Beliefs against Girls and Women The social and cultural beliefs in many parts of India are that if anyone opposes the patriarchal norms, he/she is considered to be against the societal norms. Many cases of this kind of opposition by girls were oppressed by the male-dominated society and due to these aspects, social and cultural beliefs against women and girls are still prevalent in society. In India, there are many laws against the child-marriage practice, but in reality it hardly takes place. The reason behind this is the rigid thought of the patriarchal society. In some cases, those women who oppose child marriage face many challenges and even get raped and killed by local people. For example, in Rajasthan, Bhanwari Devi was gang-raped by local men and among those rapists, some were from her village. It happened because she campaigned against child marriage (Kulkarni 1994, 1884). Neither males from her community nor from the government sector opposed this crime.

Rape of the Girl Child and Sexual Exploitation: Vulnerable Environment As discussed above, all these social discriminatory norms and male-dominated culture oppress girls and women in the social sphere. Along with social and religious exploitation, the girl child faces exploitation based on gender and childism as well. The Girl Child as a Vulnerable Segment in India  97

For instance, child sexual exploitation, child prostitution, sex tourism, women and girls trafficking for commercial sex are some of the many particular challenges present in the society where the girl child becomes the main victim. As children are unable to defend and protect themselves, they are more vulnerable. However, in the case of the girl child, she is more susceptible than a boy child as she suffers from both sexism and ‘childism’ (Feliciati, 2006, 14). The girl child is trafficked for commercial sex as she is easy to control. These types of sexual violence and exploitation against women as well as girls are widely prevalent across Indian society. Because of the ignorance of family and parents as well as biased and inequitable social norms, physical abuse, rape, battering, sexual assault and forced pregnancy are present in Indian society, and in many cases, the accused are relatives or family members of the girl child (Chakravarty 1998, 17). In India, there are 54.29 per cent of girls who are victims of rape and are between the age of 7 and 16, and in some of the cases they are continually raped by their father or another close relative; such cases are ignored by the family in the name of family honour or reputation (Chakravarty 1998). And many times these types of cases do not come into the limelight or go unreported and girls have to face these exploitations constantly. Child prostitution is also a big issue in India and the girl child is forced to engage in this illegal activity. Girl-child trafficking for the use of child prostitution is very active in some parts of the Indian states. Various scholars have highlighted the issue of girl children trafficking for commercial sex, which is very much prevalent in certain states. Human trafficking, specifically trafficking of teenage girls, in some of the districts of West Bengal, such as Murshidabad, Dinajpur, Nadia, Howrah, 24 Parganas as well as Midnapore, is very much prevalent, and it came into light that in these areas the girl children are mostly victims of the human trafficking crime (Ghosh 2009, 727–728). The girl children are generally kidnapped and sold for sexual tourism and prostitution, and India and Bangladesh governments are seriously taking note of these types of human trafficking. 98  Rights of the Girl Child in India

Consequences of Immoral Trafficking: Vicious Circle of Exploitations In India, girl-child trafficking is not an activity which is only prevalent in small districts. Sexual assault against the girl child is present even in many so-called metro cities. In research in Bangalore, it was reported that out of every 20 girls, 3 girls face rape, 5 girls out of 10 are molested and 8 girls out of 10 face sexual harassment; it is to be noted that in this data, most of the girls are teenagers or are mostly under the age of 15 years (Singh and Kapur 2001, 12). Large numbers of incidents of sexual exploitation in form of molestation, rape and trafficking take place within the family, schools and in society by the family members or with the help of family members or close relatives. Trade or trafficking of girl children and selling them for sexual tourism is most common these days in India, although the government has made strict rules (that will be discussed in the next chapter) against these types of crime against humanity. The trafficking of girl children is considered more lucrative or profitable than arms or drug smuggling (Chakravarty 1998, 18). The Government of India takes this issue as an important subject. MWCD also highlighted it as a very grave issue which affects the overall development of girls as well as termed it as an organized crime against humanity. It is actively involved in the prevention of exploitation of girls and women from this crucial practice and prevention of cross-border trafficking as well as trafficking in the internal parts of India (MWCD 2008, 18). In cross-border human trafficking, the girl child and women are the main victims and countering it needs an effective action of both governments.

Girls’ Education: Deprivation of Economic Independency In terms of education, in Indian society, girls and boys are treated differently; the social status of the girl children is lower than that of boy children. This inequality increases the gender

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disparity, poverty and other difficulties for the girl children. However, the literacy rate of girls is lower at the national level, it being in very miserable conditions in some states. And it is not equal in all states of India, for instance, the girl child literacy in Bihar and Jammu and Kashmir is under 60 per cent, whereas literacy percentage of the girl child in Kerala and Tamil Nadu is above 90. According to Census 2011 (final data), less than 66 per cent of women are literate, whereas the literacy rate of men is more than 80 per cent. Moreover, this disparity affects the education condition of girl children. Dropping out is also one big reason for the lower literacy rate of girl children. A large number of girls leave school before completing their higher secondary education. In India and many other patriarchal societies, girls are socialized to play the role of a caregiver and nurturer, whereas boys should be like guardians or defenders. This notion transmits through family and peers (Berman and Jiwani 2002, 2). Due to all these phenomena, girls ignore their career or economic independence. The perception of girls is that they have to be restricted to household chores. According to Chakravorty (1998, 15), domestic work, such as helping parents, sibling care and early marriage, plays a very vital role in girls dropping out of school. This dropping out deprives girls of the professional- and employment-oriented education. This comes with the very negative effects like least participation of women and girls in policymaking as well as in the implementation process. All these factors are big barriers for girls’ education and influence a girl’s overall development. Illiteracy is one reason for girls’ unawareness about their rights. Female foeticide, early marriage, discrimination and disparity, exploitation and illiteracy, all play a role in undermining a girl’s condition in society. Unemployment and least participation in decisionmaking are the other consequences of poor literacy among girls and women. Due to poor education, in most scenarios, women and girls are not aware of their rights and the legal aspects against exploitation. There are many reasons behind this huge disparity in education such as social patterns where 100  Rights of the Girl Child in India

girls are not permitted to go outside, patriarchal mindset, dowry system, child marriage and lack of a safe environment. And these reasons create several big obstacles to girl child education and push them to a lower position in society. The girl child and women are two sides of one coin as the future of the girl child is the future of women; in this condition, the matter of the girl child is rooted with the matter of women. It is to be noted that a separate identity of the girl child was discussed in Beijing Declaration, 1995 for the first time, the girl child received the attention of the world community. In this condition, it is initiated by the states to highlight the different forms of challenges and peculiar conditions of the girl child in society and recognize those challenges and difficulties and make an environment to address these difficulties. In Indian society, although the issues of girls and women are included in various deliberations, the matter of the girl child is hardly discussed. However, nowadays, the subject of the girl child is also included and incorporated in various discussions. The government gives special attention to the issues of girls and the girl child. With this special attention, it is possible to protect girls and women from marginalization. Various programmes and policies are introduced by state and non-state actors.

Conclusion As demonstrated by various social and religious causes of the girl child and women’s deprivation in society and culture, it is to be noted that all issues and harmful traditions related to girls and women need to be looked at coherently as this is a cycle of cause and effect. As discussed in the chapter, women and girls in almost all parts of the world suffer from various peculiar conditions in different forms. In the context of India also it is a cycle of violence, vulnerability and marginalization—all are causes of each other as well as the effect of each other. In other words, historically women were deprived of various rights in the name of religion, preference for sons as well as patriarchal culture. This deprivation came from the tool of traditional The Girl Child as a Vulnerable Segment in India  101

perception about women and girls that they are inferior to men and boys. The practice of killing the girl child or female foetus starts with female foeticide and female infanticide tradition. There are various causes of this crime, such as a son is marked as an important character, whereas a daughter is considered a liability for family and parents. Dowry system is another reason which gives the motive to kill a female foetus. Patriarchal inheritance promotes the birth of the male child; according to religious and cultural phenomena, only the son can do the rituals at the time of funeral or other important occasions. With these causes, there are various consequences of this harmful practice such as poor sex ratio, gender disparity in many fields, a crime against girls and women in society and inferior position of girls and women in society. Gender discrimination is also one of the reasons for female foeticide which creates a discriminatory atmosphere for girls and women. Discrimination based on sex deprives girls of basic health facilities, education, employment and many more aspects. Poor education results in poor employment which further adds up in the least participation in policymaking, decision-making and so on. The least participation victimizes the girls from various social and cultural male-dominated norms. For instance, child marriage, child widow, child prostitution, forced domestic works and many harmful traditions widely affect women and girls. Child marriage is also an effect as well as the cause of this cycle of violence against the girl child and women, which makes them the more vulnerable section in society. The reason behind this early marriage tradition of the girl child is the rigid religious and cultural belief that girls should marry before starting of menstruation as the actual meaning of kanyadana is the ‘gift of a virgin and ritually pure girl’. This phenomenon creates a harsh environment for the girl child as she is forced into sexual activities at a very early age and enters into marriage without free and full consent. Early-age marriage comes with various physical as well as mental traumas. Teenage pregnancy, HIV/ AIDS infection risk and many other types of health risks emerge due to this harmful practice. Another consequence or effect of this is organized child widow exploitation in the form of 102  Rights of the Girl Child in India

human trafficking, child prostitution and forced household labour and many more modes of exploitation. As discussed earlier, in child marriage, a girl is generally deprived of formal education and because of this a child widow does not have any other option except prostitution or is easily victimized by the male family members. Various child rape victims face this exploitation within the family. And most of them who raise their voice against these exploitations are mostly murdered by the family members in the name of family honour or religious purity and so on. Many normative social norms are only imposed on girls and women and this creates a big gap between male and female growth and development. The girl child, girls and women are a vulnerable sections in society due to the vicious cycle of harmful and injurious social and cultural traditions against girls and women. And one reason or cause is only accountable for one organized crime or consequences of heinous crime against humanity. It is a circle of violence and exploitation through which women and girls become marginalized sections. It needs to be recognized coherently. Tackling or eradicating all forms of vulnerability needs a holistic approach from state and non-state actors. The role of the state and civil actors along with the civil society is crucial in ensuring that these harmful and inadequate rights and unequal norms can be tackled. In the next chapter, the international, national as well as local efforts to tackle these issues have been mentioned. International conventions, norms and standards, international and regional organizations, treaties, agreements— all aspects which promote the rights of vulnerable sections as well as protect them from the vicious circle of violence will be discussed. A collective approach is the basic aim of the UN to bring about international peace and security to all direct and indirect members of society and culture as well as equal opportunity and participation within these basic structures, norms and standards of the Indian society, which also makes the situation more sociable for all sections of society.

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4

Law and Legal Discourses Welfare and Protection of the Girl Child

The previous chapters explored the sociocultural and religious practices and dimensions which create a vulnerable environment for the girl child and women and portray them as vulnerable segments that need to be controlled by the patriarchal system. The chapters elaborated the causes, which originate from age-old social and cultural as well as religious practices and are ruled by the masculine legacy and tradition. These also discussed and deliberated the numerous consequences of harmful traditions. In this chapter, I focus on how the international legal framework has been engaged to address the issue of the girl child. It starts with a brief historical discussion on the issue of the girl child at the international platform and the initiatives taken for protection, welfare and development. Although this part has

been mentioned in the previous chapter, here it discusses the law and legal discourse, international conventions, international organizations, regional organizations and their initiatives towards the welfare of the girl child. After international initiatives, it discusses the Indian legal policy, programmes and strategies as well as other legal and social frameworks to address the issue of the girl child. It explains the legal reforms and the role of state and non-state actors to eradicate the harmful traditions against the girl child. Besides these, it also highlights the challenges faced by the actors in the implementation of programmes and policies. It presents a critical analysis of these legal frameworks with a future road map and suggestions, advantages and disadvantages as well as the debate on the eradication of these issues.

Protection of Health of the Girl Child: International and National Level Under Article 25 of UDHR (1948), everyone has the right to standard health including food, clothing, housing and medical care. As discussed earlier, the health of the girl child is often ignored by the family. Various international conventions have also emphasized adequate health as a basic right of all children. For instance, Sustainable Development Goals (SDGs) underline the health issue of adolescent girls and seek the attention of the world community. They mention that globally millions of adolescent girls face many health issues and these challenges exist because of numerous social norms—inadequate social and legal—as well as various other barriers, which affect their physical, emotional and mental health (Every Woman Every Child 2015). Due to these peculiar conditions of women and girls, the three principal objectives (survive, thrive and transform) were updated and added in SDGs global strategy. With these updated principles and objectives, SDGs emphasized the fact that today the world community with adequate knowledge and opportunity can greatly improve the health conditions of women, children and adolescents (ibid.). This is

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an international initiative to seek out and address these issues of girls and women. The World Health Organization (WHO) also lays emphasis on the issue of the girl child and adolescent girls and urges the states to initiate and introduce legal norms and policies to protect them. WHO, in the Statement on the International Day of the Girl Child, highlighted that all people face challenges and difficulties during war and humanitarian crises, but adolescent girls face unique risks due to their age and gender. On this day, WHO called all partners to attend to the issue of the girl child and the protection of adolescent girls and ensure that humanitarian responses are inclusive of all immediate and gradual needs of girls and the girl child (WHO 2019). UDHR and WHO, as well as other organizations such as UNICEF and UNIFEM, also emphasized the role of the state in the formation of policies and programmes and legal discourse on protection of the girl child. In the context of India, the protection of the girl child and their health is the primary concern, as this is an issue that has been neglected in Indian culture since ages. Even now, in several sections of Indian society, the girl child is treated as a burden and the health of girls is ignored by the family. With these marginalized aspects for girls and women, the Indian government and civil society noted that the condition of girls and women is deplorable and needs immediate attention. To protect the girl child and provide them with adequate health facilities, the Indian government has taken many initiatives with its various individual and collective programmes and policies. It also implemented the international legal framework to protect the health of the girl child. Smallpox was a disease which was very much prevalent in India in the 1970s and children were widely affected by this disease. The government is actively engaged to address this disease with various immunization programmes. After the success of the Smallpox Eradication Programme in the 1970s, immunization programmes got attention in India. In 1978, the Expanded Programme on Immunization (EPI) was introduced as a national policy for immunizing all children

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with DPT, OPV, BCG and typhoid fever vaccination in their first year of life. However, In 1985, the name of EPI was changed to the Universal Immunization Program (UIP). This UIP programme was started in 1985 by UNICEF with the help of national and state governments engaged in the immunization programme for all children. Through the compulsory preventive vaccine, UNICEF protects children from various kinds of diseases or sickness. As the Office of the United Nations High Commissioner for Human Rights and WHO stated that the governments and health professionals should treat all children and adolescents equally and in a non-discriminatory manner, the girl child also got benefited from this immunization programme (UNHCR and WHO 2008). In India, UNICEF gives technical support in the establishment of national centres of UIP, for example, the National Cold Chain Training Centre (NCCTC).1 In this cold-chain centre, UNICEF and the GOI trained medical officers and cold-chain handlers for better care of children’s health and immunization programmes. Although this vaccination programme was for all children, the health issue of the girl child was not covered in this programme such as the vaccination of the male child. The UIP vaccines are provided free of cost for all children at all public health facilities across the country. Despite free UIP vaccines, it is to be noted that according to the data across the country, wider disparities exist between male and female child vaccinations (Department of Health and Family Welfare, GOI n.d.). Discrimination along with being disabled is a very harsh condition for a girl or women as they become vulnerable. Polio is a disease which was initially very much prevalent in India. And as discussed earlier, the girl child faces much discrimination concerning the access of health benefits due to the patriarchal social norms and ignorance by family. Polio infection specifically in girl children creates more difficulty for them. They are forced into marriage with an old person as they are already a burden on the family; if she is one infected with polio, she becomes a greater liability for the family. In many cases, 1

http://www.unicef.org/health/, (accessed on 9 May 2015).

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they face constant sexual violence and are unable to defend themselves. In the presence of these conditions, the Indian government has started awareness programmes based on polio. Beti Bachao Beti Padhao (BBBP), which was initiated by the Indian government in 2015, is also associated with the various welfare aspects of the girl child. In this campaign, the government includes all aspects of a girl child’s well-being. For instance, it includes the prohibition of female foeticide, reservation for girls in the education system, property rights for girls, elimination of all forms of discrimination and disparity against the girl child, and provision of a healthy childhood (Directorate of Field Publicity, Ministry of Information & Broadcasting, Government of India [DFP GOI] 2015). It provides a platform to officials such as Anganwadi workers, social activists, policymakers and the general public to discuss the issue of the girl child, to promote the rights and welfare of girls and women, and sensitize the society to the rights and welfare of the girl child and women (ibid.). The eradication of polio infection from the grassroots level and every child is our national aim. The GOI in partnership with UNICEF, WHO, the Bill and Melinda Gates Foundation and other actors is actively engaged and has initiated various vaccination programmes regarding this. Under this programme, all children, under the age of five years, are vaccinated (UNICEF 2012, 5). Other approaches of UNICEF relating to health are to work on water, sanitation and hygiene (WASH), as discussed earlier, to promote sanitation and health routine in the regular activities of children. UNICEF through the support of WASH encourages awareness of washing hands before eating in school, hygiene for good health and so on (UNICEF 2012). Girls dropping out of school is a big obstacle for women empowerment and girl’s education. Menstruation and minimum or no facilities of hygiene such as separate toilets and lack of awareness among pupils are the main reasons for girls to drop out of school. WASH also provides for separate toilets for girls and boys with this programme. These programmes, however, do not specifically mention the concern of the girl child’s health. 108  Rights of the Girl Child in India

Although in the Indian patriarchal society, parents do not give proper attention to the girl child’s health, with these programmes, the girl child gets benefitted along with all other children. They also get the same health advantage as boys. Dalit girl children who were ignored based on gender and poverty as well as oppressed by dominating castes also get benefitted from the UIP. Caste and religious aspects are the crucial determinants in India that cause discriminations against the girl child. Religion-based faith is also a big reason for inadequate access to healthcare by the girl child. For instance, the polio vaccination programme is not appropriately effective for those children who belong to the Muslim community as they do not agree with these types of programmes on a religious basis. In this type of situation, the Indian government appreciates the work of international organizations and collaborates with various organizations and works across the country without discrimination based on caste, religion and gender. For example, UNICEF works with religious and community-level leaders and representatives to overcome these challenges and gets support from the Indian government. UNICEF, in many states of India, started negotiation and dialogue with the Muslim leaders and convinced the Muslim community about the importance of vaccination (Demon et al. 2014,13). This initiative of UNICEF was taken to protect all children, especially the girl children of the Muslim community from polio infection. It is necessary to keep aside such harmful religious objections which create very difficult conditions for children, specifically for the girl child. The Integrated Child Development Service (ICDS) is a government programme in India and is one of the most important children welfare programmes of the country. This programme was started in 1975 and it works for early childhood development such as immunization, elimination of nutrition deficiency as well as preschool non-formal education. The ICDS programme, which is assisted by UNICEF, also actively works for children’s immediate and gradual needs (Aid Worker 1993, 1398). Through this programme, improvement in the health of all children is targeted without any discrimination based Law and Legal Discourses  109

on caste and sex, and it exemplifies the holistic approach of UNICEF in India for child development.2 Water supply and sanitation are very important factors for maintaining proper hygiene, which is related to health. It is associated with the health of children as children are infected very fast from water diseases. The Indian government’s Planning Commission worked on water and sanitation awareness in India along with WHO and UNICEF. They published various reports and data on this peculiar issue. In India, the Planning Commission, WHO and UNICEF prepared a report on drinking water supply and sanitation (Planning Commission 2002, 13). Moreover, in this report, they explored the conditions of the population of rural as well as urban areas due to the lack of safe drinking water and water for sanitation. They published an assessment report and emphasized that due to the shortage of water supply, the health of all people was affected and the health of the girl child was especially affected in many ways; due to inadequate water supply in school during menstruation, girls become prone to various infections and diseases due to unhygienic toilets; they were forced to go far from home to bring drinking water and to go outside the house to defecate (Planning Commission 2002, 48–49). Thus, UNICEF highlighted these difficulties of girls which affected their health directly and indirectly. It has been earlier discussed that child abuse affects the girl child and causes mental trauma. In India, this abuse of women is prevalent in almost all communities. The abuses impact negatively on the mental health of the girl child. In this context, the UNICEF, along with state governments is actively engaged in countering this problem through workshops and various other programmes in an attempt to eliminate this practice and protect the girl child from mental harassment. The contributions of many international and child welfare organizations such as UNICEF in this field are very significant. UNICEF organized many workshops for the awareness of these negative aspects. For example, with the help of the women and child 2

http://www.unicef.org/health/ (accessed on 9 May 2015).

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development department of Madhya Pradesh, UNICEF organized a joint workshop on the debate of abuse against the girl child and its impact on the girl child’s health (Kulkarni 1997, 1523). This is an initiative to protect girls and women from abusive trauma and provide them with a healthy environment for growth and development. The Indian Medical Association (IMA) also emphasized on the matter of abuse against girls and women. It stated the medical consequences of CSA on the girl child. In this context, IMA along with UNICEF jointly takes initiative for conducting awareness programmes against the CSA practices. Through this programme, IMA and UNICEF’s basic goal is to build a nationwide chain of doctors and practitioners, and through them circulate or expand the knowledge about CSA (UNICEF website) and their consequences and their negative impact on children. This programme is under the supervision of the state branches of IMA; these doctors and trainers will be active at the state as well as district levels. Both UNICEF and IMA released the 10 key points about the case of CSA and specifically emphasized the proper information and implementation of these 10 key points (The Hindu, 2014). Every doctor and trainer should be knowing these 10 key action points when handling the case of CSA such as all CSA cases have to be considered as medical emergencies; in CSA cases, free treatment should be provided to victims and they should be given other essential medical facilities. Other important key actions in the case of CSA are that it is the legal duty of doctors to give proper medical care to victims, collect the forensic facts and inform the police immediately as well as give all essential testimony if demanded by the court (The Hindu, 2015). With this joint initiative, UNICEF is trying to protect children from child sexual abuse as well as provide proper care to victims of CSA. As discussed earlier, generally CSA is faced by the girl child. So, this programme is more beneficial for the girl child. HIV/AIDS is also one of the big problems in India and it affects the girl child more than a boy child. As we know, India is the second-largest populous country in the world; so the number of people who are affected by this disease is also very Law and Legal Discourses  111

large. Especially sex workers face more challenges due to this disease. As discussed in an earlier chapter, the girl children are the main victims of sexual exploitation such as sex trafficking and sex tourism. Trafficking of the girl child has led to increased child prostitution and this child prostitution has led to an increase in the number of people infected with HIV/ AIDS (Chakravarti 2011, 389–400). Due to its heinous impact on the girl child, this disease caught the attention of the world community as well as the Indian government, which also took many initiatives in this field. UNICEF and the Indian government are collectively working against the trafficking of girls and women. They also emphasize the awareness of HIV/AIDS at the school level by spreading awareness among children regarding STDs. The Indian government along with UNICEF and other international organizations is engaged in the protection of women as well as the girl child from this disease. The Indian government also appreciates and supports the initiative of UNICEF and WHO which urge all South Asian countries to promote sex education in school. For instance, they advise the Indian government to introduce awareness and education programmes about sex and reproductive health in schools and also encourage awareness of HIV/AIDS in school students (ibid., 389). With this awareness programme and diverse education policy, the Indian government protects the heinous consequences of many sexual diseases on the health of the girl child. The Integrated Management of Neonatal and Childhood Illness (IMNCI) is also a big initiative of the Indian government. It was started in the year 2000 along with the help of UNICEF and WHO. In this IMNCI programme in India, UNICEF interacts with the national government and both actors are mainly associated with the attention on the protection of the child in the neonatal period to save all children without any discrimination based on caste or gender. However, in Indian patriarchal society, the girl child faces discrimination in the neonatal period and female infanticide takes place due to poor healthcare and poor nutrition. Amongst such conditions, this initiative plays a vital role in the survival of the girl child during

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childhood and protects them from neonatal death (Ramji 2006, 1029). These types of programmes and initiatives protect the health as well as the life of the girl child. Meena Communication Initiative (MCI) is an animation programme which aims at promoting gender equality and eliminating gender disparity. It was started in the 1990s with the collective efforts of the Indian government and UNICEF. This animation programme is a big advocator and promoter of rights of the girl child (UNICEF 2004,12). Through this animation, the Indian government and UNICEF promote the rights of the girl child and access to rights in society. It also draws attention on those issues which affect the health of the girl child as well as their overall development, such as inadequate food, nutrition deficiency, sanitation, education, early marriage and the practice of dowry. Through animation, the programme highlights the consequences of these harmful traditions on the health of the girl child. These are the efforts made by the Indian government along with other actors to protect the health of the girl child; however, these efforts face many challenges as well. For instance, traditional, social and cultural beliefs about girls and women, patriarchal inheritance, caste and religious rigidity. Many other challenges, which are also becoming big barriers to the welfare and development of the girl child, will be discussed in the succeeding sections in this chapter.

Protection from Female Foeticide: Policies and Strategies As discussed earlier, the practice of female foeticide deprives the girl children of their basic right which is the right to life and they are even killed before birth. The practice of female foeticide has widened the gap between the number of girls and boys. Various child welfare organizations such as the UNICEF publish reports of their surveys and highlight percentages of female foeticides that occur annually in India. UNICEF reports

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highlight that the annual rate of abortion in India is roughly 5 million and most of them are based on the foeticide of the female child. After the sex determination of foetus if it is recognized as female, then abortion is very common. With reports and data, various organizations such as UNICEF raised the issue of female foeticide and drew the attention of the Indian government to this horrific practice (Sarkaria 2009, 906–913). Apart from the report and data publishing, UNICEF takes initiatives on these issues individually as well as with the support of the Indian government. UNICEF, individually as well as with the support of other organizations such as UNFPA organized many rallies, conventions and awareness campaigns on the disadvantages of female foeticide and condemned sexselective abortion (ibid., 930–935). In this campaign, UNICEF gets support from MWCD as well as from state governments. However, the issue of protection of unborn female foetus was included in an earlier policy of the Indian government. Sex determination is a punishable offence in India and the Indian government has taken initiatives to eradicate this harmful tradition. The PNDT Act (1994) is also a big initiative of the Indian government. With this Act, the government restricts and prohibits sex selection before and after conception and works on the eradication of the female foeticide practice. Chapter II of the PNDT Act (1994), Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics, states that no person from counselling centres, genetic laboratories as well as genetic clinics including a specialist or a person from the specialist team shall conduct or cause to be involved in a direct or indirect form in any kinds of activities which relate to sex selection on a woman, a man or both, or any tissue, embryo and conceptus (PNDT Act 1994). With this Act, the Indian government from early years has been working on the protection of the girl child, addressing the issue of female foeticide. The Act mentions that for medical purpose the pre-natal diagnostic techniques can be used by a medical specialist, but the practice of sex determination is prohibited. 114  Rights of the Girl Child in India

The Indian Penal Code (IPC) 1860 also emphasizes the protection of unborn children from injuries and life threat. Sections 312 to 316 of the IPC 1860 state that causing miscarriage without the woman’s consent shall be punished with imprisonment for life and a maximum of 10 years (PNDT Act 1994). This Act is associated with female foeticide as well as eradication of female infanticide. Various awareness programmes and educational policies were introduced by the state and non-state actors. This Act prohibits the determination of sex of the foetus and also lays emphasis on mandatory registration of genetic counselling centres to prohibit the misuse of sex determination technologies. However, it is to be noted that in practice these provisions of the Act cannot be followed in good faith and they have been misused; it hardly protects the unborn girlchild (Tandon and Sharma 2006). Sex-selective abortion and its impact on Indian society is the basic awareness programme where regional and international organizations along with the Indian government underline the peculiar condition of the girl child due to imbalanced sex ratio. UNICEF with the support of the National Commission for Women and IMA works against female foeticide practices. For instance, in 2001, they organized a convention of religious and political leaders in New Delhi, and in this convention, UNICEF highlighted the backdrop or poor conditions of juvenile sex ratio in India (MWCD and UNODC 2008, 3). The Indian government and UNICEF’s activities for the eradication of female foeticide practices from Indian society are appreciated by many state governments as well. For instance, the Madhya Pradesh government, the Punjab government and many other Indian state governments give vital support to UNICEF to address this problem and protect the unborn female child (Kulkarni 1997, 1523). With a wider discussion on the consequences of this harmful practice, the Indian government creates awareness of this issue. Faith in traditional conservative beliefs which consider women and the girl child as liabilities are also a big reason for the death of the unborn girl child. For elimination of these types of bad faith where women are seen as inferior, multi-faith campaigns Law and Legal Discourses  115

and programmes against female foeticide in India are always supported by UNICEF. In 2005, UNICEF organized the fortnightly multi-faith rally against female foeticide as well as against sex selection.3 In Delhi, UNICEF has been engaged in campaigns against this horrific practice since the 1990s. UNICEF organized many rallies for awareness of the disadvantages of female foeticide and how female foeticide affects the sex ratio in society. In the 1990s, when Tamil Nadu faced many criticisms on the poor condition of the girl child in the state, UNICEF highlighted the problems which were present in the country and made an effort to pressurize the government to take any action to overcome those difficulties. In the 1990s, southern Indian states such as Tamil Nadu, as discussed earlier, faced very poor sex ratio. For instance, the overall juvenile sex ratio was declining and it was sharply down from 948 in 1991 to 939 in 2001 (Census of India 2001). This was an alarming condition in Tamil Nadu. These peculiar conditions of the girl child were highlighted by many international and regional organizations. States took the initiative and with the consultation of UNICEF and other child or women NGOs, the then Chief Minister Ms Jayalalithaa announced the Puratchi Thalaivi Dr Jayalalithaa Scheme for the Protection of Girl Children of 1992 (George 1997, 127). With this scheme, the Tamil Nadu government initiated surveillance and monitoring on all subjects related to the girl child and attempted to provide a protective environment for them. Tamil Nadu government in 1992 started various schemes for the protection of the girl child from female foeticide practices. The UNICEF and state government along with the Indian government raised this issue at the national floor and raised voice against this harmful practice against the girl child. Many states of India supported UNICEF in the policies for girl-child welfare, such as the campaign against female foeticide, improvement of girl’s education, elimination of child marriage and gender equality achievement (George 1997). Indian states also http://www.unicef.org/about/who/index_history.html (accessed on 13 May 2015). 3

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participated in the Indian government’s policy on the campaign against harmful tradition related to the girl child and unborn girl child. The National Rural Health Mission (NRHM) is actively engaged all over the country at the national as well as state levels. As NRHM started various programmes to protect the girl child from infanticide and the child welfare organization, (UNICEF), also supported this mission. NRHM started various activities and programmes for the protection of the girl child, but due to the inadequate data and evidence of female infanticide, these initiatives did not have proper benefits despite the efforts. For instance, various Indian states laid down guidelines and rules for the Sick Newborn Care Units (SNCUs). The role of this unit was to promote the admission of newborn children in the list of SNCUs and protect them from early-day diseases. But at the same time, it is to be noted that in some Indian states, the admission record of SNCUs is not properly maintained as the registration of the newborn girl child is very few (only 40 per cent) in comparison to the male child. In the presence of these conditions, the government is facing various challenges to protect the girl child from infanticide due to lack of appropriate data (UNICEF 2013a, 41). SNCUs do not succeed in all its aims and objectives to protect the newborn girl child from infanticide.

Protection from the Girl Child Trafficking Child trafficking, abduction and child slavery—are some burning issues which have been discussed in various conventions of the UN. The CRC (1959) and the UNCRC (1989) state that the rights of the children are the responsibility of adults towards the children. The responsibility is to facilitate a space for children’s voice and participation in policymaking. Child trafficking is considered to be a grave violation against children. Articles 33 and 35 of the UNCRC (1989) state that the state parties shall take appropriate measures—legislative, administrative, social and educational actions—to protect children from abduction, sale or trafficking for any purpose (UNCRC 1989). They urge Law and Legal Discourses  117

states to make relevant treaties and joint programmes and policies to prevent children from international trafficking as well as from cross-border trafficking. The Anti-Trafficking Monitoring Group (ATMG) is also a remarkable development to protect children from trafficking and sex slavery. According to the Press Information Bureau (PIB), the GOI (10 March 2015) has signed and ratified many international conventions, human rights treaties and instruments on the promotion of women’s equality and rights, for example, CEDAW, The Mexico Plan of Action (1975), the Nairobi Forward-Looking Strategies for the Advancement of Women (1985) and the Beijing Declaration, 1995 of the UN General Assembly Session. These international conventions show the approach of India in supporting girls’ protection (PIB 2015). India actively engages in women and girls’ protection with the promotion of rights and prevention of harmful traditions. CEDAW and Beijing Declaration, 1995 are some international conventions which were initiated to protect children and women from trafficking. These provide the normative framework for states to protect the girl child and women from trafficking, abduction and forced prostitution. For instance, CEDAW—which is described as an international bill of rights for women—has also been adopted by the Indian government. This international convention was adopted by the UN General Assembly in 1979 and India signed this convention on 30 July 1980. After the signature, India ratified this convention on 9 July 1993 (Amnesty International 2014). This international treaty provides very strong normative non-discriminatory forms for India’s efforts against the trafficking of women and children for prostitution or other forms of sexual exploitation (Pandya and Pandya 2011). Article 6 of CEDAW encourages all state parties to take all appropriate administrative and academic measures and actions to protect women and children from trafficking and exploitation (ibid.). As a signatory member of such international treaties, through these initiatives, India supports the prevention of and protection of women, children and specifically the girl child from trafficking and abduction. 118  Rights of the Girl Child in India

The Ujjawala scheme is also another effort of the Indian government to protect girls and women from trafficking and sexual exploitation. With this scheme, the government promotes awareness and eradication of such crime from society. It also emphasizes rehabilitation of girls and women who are victims of trafficking and sexual exploitation. Ministry of Home Affairs and the Ministry of Women and Child Development (MWCD) are also actively associated with the eradication of these types of immoral crimes against humanity. For instance, trafficking of girls in the transnational context is also prevalent. The Ministry of Women and Child Development (MWCD) and UNICEF jointly gave attention to this matter and prepared a draft protocol and standard operating procedure (SOP; GOI 2017). This protocol and SOP are related to cross-border trafficking issues between India and Bangladesh and provide prevention from trafficking and speedy process for victims’ rehabilitation (GOI 2015). It is very dynamic in various aspects of girl-child protection. It is one of the important activities of UNICEF in India. According to the India Country Report, the incidence of trafficking of women and children is one of the crucial issues in India and happens mostly in border areas. Cross Border Trafficking prevention was started by MWCD, and UNICEF with the help of MWCD is working for this prevention (MWCD and UNODC 2008, 18). They are engaged in trying to end cross-border trafficking between India and Bangladesh, and India and Nepal, which has increased in recent years. They train the stakeholders on how to tackle this organized crime. As discussed earlier, girl-child trafficking for sexual tourism and sex slavery is one of the major problems faced by many SAARC countries such as India, Bangladesh, Pakistan and Nepal. The Indian government with the help of technical support from UNICEF has developed various plans for the protection of the girl child from this organized crime against humanity, for instance, the development of Integrated Plan of Action to Prevent and Combat Human Trafficking with special focus on Children and Women. In this prevention programme, they got Law and Legal Discourses  119

support from MWCD, the Department of Women and Child Development and other actors who were working for children’s and women’s welfare (ibid., 42). This collective approach of various actors was engaged in the protection of the girl child from trafficking and abduction. Another joint effort of MWCD and UNICEF on the issue of girl child trafficking is to provide the data and survey reports on the prevalence of this crime in different parts of the country. Through the various programmes and surveys on girls and women trafficking, both actors with the help of NGOs highlight the main causes of this organized crime against the girl child. MWCD, with the dynamic cooperation of UNICEF, initiated the rehabilitation of victims of this prevalent crime against girls and women. Both MWCD and UNICEF conduct surveys and collect data on the number of girls and women suffering because of this immoral trafficking and other heinous modes of sexual exploitation. Based on this data, they actively engage in the rescue and rehabilitation of the victims who underwent the child trafficking crime or are forced into this crime due to poverty or other difficulties. For instance, UNICEF with MWCD and NGO Nirmala Niketan, organized a study on child victims trafficked for commercial sexual exploitation and organized various programmes and campaign on this issue in 2005. ‘Rescue and Rehabilitation of Child Victims Trafficked for Commercial Sexual Exploitation’ was a study conducted by the above mentioned three prominent actors on this subject (ibid., 16). With this type of survey, UNICEF is trying to draw attention to this horrific crime against girls and women. These survey and data are very valuable and necessary for rehabilitation and rescue policy. Besides the above initiatives, the Indian government along with the MWCD established the Central Advisory Committee (CAC). The role of CAC is to work for the prevention and protection of girls and women from commercial sexual exploitation and fight against trafficking of girls and women for commercial sexual exploitation, child pornography and forced prostitution. The CAC in the battle for girls and women gets vigorous support 120  Rights of the Girl Child in India

from UNICEF (ibid., 10). Various field representatives from important ministries of government are members of CAC, for example, members from Home Affairs, External Affairs, Tourism and Health and Family Welfare, along with various members from UNICEF, UNIFEM and so on; all these members meet every quarter in a year. In their meeting, they discuss the issue and reasons for immoral trafficking, survey reports on this crime and data on the current situation of abduction and trafficking conditions across the country. With these diverse representatives, they make programmes and strategies to address this issue at the grassroots level (ibid., 10). Another approach of the Indian government to address this issue is to support the data collection programmes and strategies of child-welfare organizations, and based on these data, the government initiates appropriate action. For instance, UNICEF’s approach to counter the girl-child trafficking crime in India is that it conducts surveys, collects data, identifies the endemic areas of girl and women trafficking and publishes reports. For example, UNICEF has given data on child sex workers in India and according to this data, 5 lakh child sex workers are involved in sex tourism. It also alerted that this number would rise as sex tourism is steadily on the rise (Ghosh 2009, 724). This data not only underlines the condition of the girl-child trafficking rate in India but is also useful for policymaking by drawing the attention of the government to take proper action against this crime and counter the sex tourism practices in India. Organizing workshops on the issue of girl child trafficking is also a big initiative of the National Commission for Women and Child Department and UNICEF. Through collaborative efforts, the National Commission for Women and Child Department and UNICEF organized a regional conference in Bangalore on 16–17 October 2000. The theme of this conference was ‘prevention of trafficking of women and children’. This conference was considered a very effective approach of the Indian government as many officers from various departments of the central government as well as the Law and Legal Discourses  121

state governments took part and created wider dialogue on this burning issue (MDWCD and UNODC 2008, 3–4). This type of joint work is also very effective in the context of recognizing more affected areas where immediate intervention and rehabilitation is compulsory. UNICEF in its work for the prevention of girl-child trafficking, identifies some of the districts which are more ‘endemic’ for this crime and need more attention; these include some districts of West Bengal such as Murshidabad, Dinajpur, Nadia, Howrah, North and South 24 Parganas as well as Purba and Paschim Medinipur. The girl children from these areas are mostly victims of this human trafficking crime and forced into prostitution against their will (Ghosh 2009, 728). The Anti-Trafficking programme is an important initiative of the state governments and UNICEF. It was started by UNICEF with the help of state governments in states such as Andhra Pradesh, Karnataka and Maharashtra. Through this Anti-Trafficking programme, both the state government and UNICEF’s persons organized various training and capacity building programmes, community awareness programmes and many other activities which were directly or indirectly associated with the prevention of the girl child and women from the human trafficking crime (MWCD and UNODC 2008, 41). Due to the lack of appropriate facilities such as the lack of proper water supply and sanitation facilities, the girl child has to go outside home for defecation and these community defecation areas are the places where the girl children are mostly victimized (Planning Commission 2002, 47–48). The girls are kidnapped or trafficked when they go outside, especially at night. This happens mostly in the urban slum areas. MWCD, along with WHO and UNICEF, is collectively engaged to counter this issue through improvement in proper water supply and sanitation in rural as well as in urban areas. With these initiatives, they provide special benefits to women and girl children to make their lives much easier and to counter the risks and threats associated with trafficking (MWCD and UNODC 2008). 122  Rights of the Girl Child in India

The Immoral Traffic (Prevention) Act (1956)4 was also a historic step which was taken by the Indian government. According to this Act, the central government appointed trafficking police officers to protect women and girls from immoral trafficking or any matter related to abduction for sexual exploitation. Trafficking police officers can exercise all the power to protect victims from this crime. Although the central government and state governments individually and collectively are engaged in combating this criminal offence against women and girls, these efforts become more effective with the help of various international and regional organizations. International normative strategies also played a very vital role in this context. The Indian government introduced various programmes and policies, but still, the issue of trafficking of women and girls is very much prevalent in various parts of the country and creates many challenges for the future roadmap. Many challenges such as lack of proper data, awareness, education and proper implementation of laws create a big barrier towards the eradication of this crime. Unfortunately, this crime still exists in India.

The Girl Child’s Education: Developments and Challenges Education is the basic right of all human beings and it is the responsibility of states to provide this right to every citizen of theirs. Many international norms support this aspect and urge states to provide education to all people without any discrimination based on sex, gender and colour. For example, Article 26 of the UDHR (1948) states that everyone has the right to education. The International Convention on Economic, Social and Cultural Rights (ICESCR) also highlights in Article 3 that state parties should ensure equal rights for men and women to enjoy all social, economic as well as cultural rights. In this 4 https://indiacode.nic.in/bitstream/123456789/1661/1/1956104.pdf (accessed on 27 March 2020).

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context, education rights are also included (UN Human Rights High Commissioner 2010). Article 13 of ICESCR also lays down rules about the free and compulsory education for all; Article 28 of the UNCRC emphasizes the encouragement of regular attendance to reduce the dropout rate of students (ibid.). As discussed in the earlier chapter, the dropout rate of girls is very high due to gender discriminatory norms of society and lack of gender-friendly infrastructure. These international norms and principles of gender equality are supported by the Indian government as well. CEDAW in Article 10 states that states should take action to eliminate all forms of gender discrimination and ensure equal rights to men and women including in the field of education. The Beijing Declaration (1995), similarly presented the EFA concept. In the Beijing Platform of Action of the UN’s Fourth World Conference, it was mentioned that all states need to ensure the strategic relations between men and women, including the objectives of equal access of education (UN Human Rights High Commissioner 2010). It also declared that state parties need to encourage non-discriminatory education and training as well as publish teaching aids and textbooks free of sex-stereotyping (ibid.). This innovation at the world level promotes education of girls. India is a signatory of all these conventions and adopted all declarations, and accordingly, these international normative norms are applicable in India as well. In the context of girls’ education in India, the condition of the girl child in terms of access to education is very poor due to some rigid norms such as patriarchal aspects, son preference and least investment in girl’s welfare. As discussed earlier, education is the most important tool for the overall development of human beings. In India, girls are often marginalized where investment is least on girls in terms of education, health, employment and so on, and this is the basic reality of society. In these types of situations, the Indian government started various schemes to protect the girl child from illiteracy and provide them with proper education. The central government with UNICEF’s participation promotes the girl child education 124  Rights of the Girl Child in India

very dynamically. UNICEF supports the government in their programmes on the education of the girl child, highlights the data on girl’s education condition across the country, encourages the campaign on education promotion and so on. Shramik Vidyapeeth (SVPs) is one of the non-formal education programmes of the Indian government which was started in the 1990s. Through this programme, the government provides education and training facilities to industrial workers, selfemployed workers and unorganized sector workers as well. This programme, which is conducted by the central as well as state governments, was initially limited to the labourers and workers from the non-formal sector—especially the male workers—but with encouragement and praise from various women and girls welfare organizations such as UNICEF, it included women and girls in this programme as well (Patel 1996, 88). It extended and enlarged its educational programme to include the education of women and girl workers from the non-formal sector, playing a very vital role in supporting girls and women from the unorganized sector as it provides vocational training to workers. As discussed earlier, women and girls were deprived due to the lack of professional and vocational knowledge. These types of programmes empowered them with diverse knowledge. For these types of initiatives, the central and state governments get assistance and support from international organizations too. For instance, UNICEF gives them assistance for organizing vocational training and education programmes for different types of workers, women as well as girls. In the context of the traditional perception about girls and women as liability or burden to the family, the girl child faces many challenges to acquire proper education, especially vocational or professional education. The JSS programme proved to be very positive and had a gradual or ongoing impact in addressing the issue of marginalization of women and girls in society. The Mahila Samakhya Programme was an inclusive programme of the GOI and the Ministry of Human Resources Development (MHRD) which expanded the aim of this programme. In 1988, this programme was launched to fulfil the goals of the New Law and Legal Discourses  125

Policy on Education (NPE) 1986. The principle aim of the programme was to empower girls and women through educational inclusion and to promote the positive image of the contribution of women and girls in society, polity and education, and to enhance their access to legal literacy as well as information relating to their rights (GOI 2016). Although the predominant composition of Mahila Samakhya is mainly associated with women from Scheduled Castes (SCs), Scheduled Tribes (STs), and women and girls belonging to landless sections, it is to be noted that it empowers all Indian women with special focus on SC, ST and marginalized group of women. This programme seeks the attention of various governmental and non-government organizations, and they support this programme. The success of this programme was also visible when it got very active support from the NGOs. Governments of other countries also promoted this effort of the Indian government. For instance, in April 1989 this programme got support from the Government of the Netherlands to fund this programme (MHRD 2016). In 1991, the Mahila Samakhya Programme was incorporated with the District Primary Education Programme (DPEP), which got some funds from UNICEF. Both the actors worked for girls’ education in various states of India, such as Bihar and Andhra Pradesh (Unterhalter and Dutt 2001, 62–63). Mahila Samakhya Sangh is one of the oldest organizations working for women’s empowerment and equality of men and women in India. The Shiksha Karmi Project was also an inclusive, comprehensive and state-specific programme of the Indian government and the state government of Rajasthan which was implemented in 1987. It was supported by the Swedish International Development Cooperation Agency (SIDA) and UNICEF. It promoted the education of the girl child at the national level and state level (Ward 2011, 547). The main aim of this project was to provide education in very remote areas with the primary focus on girls These are some programmes which promote education for all children without any discrimination based on gender, caste

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and society. The Indian government with the help of other state and non-state actors promotes these programmes. From the mid-1980s to mid-1990s, the Indian government along with the UNICEF, initiated various primary education programmes, such as the Shiksha Karmi Project for children as well as for the improvement of the girl child’s education (ibid.). As discussed earlier, in Indian society, a boy child is sent to school but the girl child faces challenges to get a proper education. These types of initiatives by the central and state governments along with UNICEF to promote the girl child’s education and to spread awareness about the importance of girls’ education helps the girl children to fight against the odds and access their right to education. The Sarva Shiksha Abhiyan (SSA) was launched in 2001, as the flagship programme of the Indian government for the achievement of universalization of elementary education (SSA 2017). This is also one flagship education programme of the Indian government which promotes the girl child’s education through the emphasis on education and is not restricted to gender or caste. The Indian government through SSA promotes girls’ education at all levels and addresses all those barriers which deprive girls of equal access to education such as lack of separate toilets and gender-sensitive aspects such as menstruation (GOI 2011, 50). It works in those states which suffer from poor performance in the education sector as well as have poor condition of education for women and the girl children such as Bihar and Rajasthan. UNICEF is also engaged with these community-based activities for girls’ education. The Indian government started many flagship programmes such as SSA or EFA. As per the Right to Education (RTE) Act, education is a fundamental right (ibid., 45–52). These collective efforts came to the fore and brought many other programmes to the forefront to promote education among girls and boys. For instance, the Midday Meal Scheme is considered to be the world’s largest school feeding programme for improvement of the girl-child enrolment. Many international organizations such as UNICEF and UNESCO supported Law and Legal Discourses  127

this effort of the Indian government (ibid., 45–52). Apart from the midday meal, two sets of uniform are also provided to all the girl children of SC/ST and below poverty line (BPL) families (SSA 2017). All these initiatives of the government not only encouraged the enrolment of girls in school but also address the dropout of girls in the middle of their education. Apart from these programmes and policies, the Indian government also supports data analysis and survey on girls’ enrolment and dropout. For example, UNICEF encourages the education of girls and supports various Indian government policies related to girls’ education. Along with that, UNICEF also highlights the condition of girls in the field of education at national as well as state level. For instance, in 2003 UNICEF India published a report on the condition of primary schools in many states. This report highlighted that in Bihar, 50 per cent of teachers’ posts were vacant and many other states also did not give proper attention to primary education (Chitrakar 2009, 58). UNICEF explored the condition of girls’ education in Indian society. It surveyed the literacy status or percentage in certain districts of West Bengal and Bihar such as Purulia and South 24 Parganas (Mukhopadhyay 1994, 1379–1378). These reports and information provided by UNICEF were taken into account by the Indian government to formulate new policies as well as to make changes in existing policies. These reports are useful to address the issues very minutely. By underlining the poor condition of the education of the girl child, UNICEF seeks the attention of the Indian government. The Indian government along with UNICEF is actively engaged to counter the difficulties of girls to acquire proper education. For instance, in July 2004, the Kasturba Gandhi Balika Vidyalaya (KGBV) scheme was started by the Indian government to encourage the education of girls belonging to SCs, STs, other backward classes (OBCs) and minor communities. Girls belonging to these classes take advantage of the KGBV scheme to complete their higher secondary education easily. The scheme is one of the flagship programmes of the Indian government regarding the promotion of girls’ education. These 128  Rights of the Girl Child in India

programmes of the government got support from UNICEF as well (UNICEF 2011). This education scheme provides a school programme to those girls who dropped out of school before completing the higher secondary education. It became more helpful to girls belonging to BPL families. Adolescent girls who have not completed high school with the help of the KGBV scheme can complete their high school education at home. UNICEF and the GOI are trying to reduce the rate of dropout of girls who did not complete their education through this KGBV programme (ibid.). UNICEF, through surveys and publications, highlights the condition of the girl child’s education as well as the condition of education of Dalit girls and those who belong to the deprived classes of India. UNICEF carried out surveys on the condition of Dalit girls’ health, education and child marriage in Indian society. For example, in one of the publications of the UNICEF India Summer Internship Programme 2006, UNICEF published the condition of Dalit girls in respect of school enrolment, specifically in Gujarat (UNICEF 2006, 18). In rural areas Dalit girls and women face more discrimination; they are exploited based on gender and also exploited by the dominant castes. The Dalit girls’ education has been generally ignored by society as well as by the family. Through this type of publication, UNICEF draws attention to the Dalits’ backward condition in India. Punjab’s Department of Education and UNICEF, in a remarkable step, gave attention to the promotion of the education of the Dalit girl child. It also encouraged community-based activities for the awareness of the importance of the education of the girl child. The role of communities is vital in the girl child’s education, and UNICEF along with the Indian government, promoted community-based activities for the improvement in enrolment of the girl child in schools. For instance, according to the UNGEI description of the education condition of girls in India, in certain communities, their enrolment increased when community-focused activities were adopted. This community-focused activity was supported by the Universal Quality Primary Education project, the Punjab Education Department Law and Legal Discourses  129

and UNICEF as well as financial support from the Norwegian government (Chitrakar 2009, 92). Minimum Levels of Learning (MLL) is one project which was started by UNESCO and UNICEF with the help of the Indian government and it helps the girl child in India. Through this project, UNICEF and UNESCO measure the skills which children learn in school as well as out of school and promote those skills through proper education. They assess the other qualities (children participation/activities) and skills both in and out of the school, such as sports, participation in collective project works and so on, and promote them. So this project has become helpful for the girl child. This skill assessment at school and out of school helps children from different socio-economic backgrounds and also girls who do not attend school. UNICEF, through Unicef’ s annual reports on child marriage, data on girls’ dropout and so on, highlighted the reasons for girls’ dropout from schools in India. It helped the government to formulate rules and laws against such causes which were highlighted by UNICEF, such as child marriage, faraway schools and lack of transport, engagement with household chores, lack of separate toilets and lack of safety (UNICEF 2011, 21). Apart from highlighting these issues, UNICEF took effective measures against these critical reasons for dropouts. For instance, the lack of toilets not only affected the education of girls but also during menstruation girls were prone to many diseases and infections due to lack of toilets in school. Hence, UNICEF with WHO and the Planning Commission of India organized a monitoring programme on the relative effects of school on the girl child’s health. The Planning Commission of India, WHO and UNICEF organized a joint monitoring programme (JMP) and highlighted that the lack of sanitation facilities in schools affects the enrolment as well as attendance of teenage girls (Planning Commission 2002, 48). Lack of proper facilities for girl students in schools is one of the vital reasons for their dropping out of school. These joint efforts of WHO and other international organizations along with central and state governments create an active platform 130  Rights of the Girl Child in India

for girls and women to access all opportunities of educational rights equally. With the help of Communication for Development Section, UNICEF, along with the Indian state and non-state actors, is actively involved in the promotion of various strategies related to the girl child’s education. It works to influence the social norms which promote equality among boys and girls and also encourages individual rights, such as education, as the right of every person, which includes the girl child. It promotes individual’s behaviour as well as community practices on realization and awareness about rights (UNICEF 2012c, 12). With these active initiatives, UNICEF promotes the education of the girl child across the country. These various individual, as well as collective efforts of the Indian government, are dynamically engaged in promoting the education of the girl child and giving them equal rights regarding access to education. Access to legal and welfare rights is much more effective with proper awareness and education. Due to these aspects, girls’ education is compulsory for society. However, these efforts and approaches of state and non-state actors face many challenges. Rigid social norms, religious beliefs, traditional stereotype mindsets, poverty and many more challenges create big barriers to programmes and policies.

Elimination of Child Marriage: Healthier and Enhanced Development of the Girl Child Marriage is a legally or socially recognized union between two people. It is a very important subject for individuals as well as for society. As it is considered a significant social and formal aspect in the life of human beings, it draws the attention of the world community. And from the very first international normative approach for marriage, equal rights for all is included in many international norms. Right to enter into marriage with free and full consent is the basic right of all human beings without any discrimination based on sex, gender, colour, religion and so on. UDHR emphasized the equality between men and Law and Legal Discourses  131

women. Article 16 of UDHR states that men and women have a legal age at which they can enter into marriage or dissolve it (UN 2015). Free and full consent of intending spouses is an essential aspect of marriage. In the context of India, many UDHR norms have been adopted in many aspects of the Indian Constitution. The UNCRC (1989) is an international bill of rights for children. It states the minimum age for marriage and urges states to fix the minimum age for girls and boys. And with this minimum age for marriage, it is directly protecting girls from child marriage practice. CEDAW which is described as an international bill of rights for women was adopted in 1979 by the UN General Assembly. This international treaty promotes equal rights for men and women. Article 16 of CEDAW states equal rights and obligations for both men and women in a marriage and the equal rights about the choice of spouses. This convention urges state parties to adopt all norms of this treaty. The CEDAW convention was adopted on 30 July 1980 by India and after being a signatory country, India ratified this convention on 9 July 1993 (Amnesty International Publications, 2014). India with the signature and ratification of CEDAW encouraged the norms of equality among men and women and also upheld the equality in marriage between the male and the female, although these rights are more applicable on paper than practice. The condition of girls is very poor in matter of marital rights. Child marriage and child widow exploitation are some discriminatory rules that are still present in society. As discussed earlier, child marriage is a tradition which is prevalent in Indian society and culture. Some states and districts have a very high rate of child marriages and they still suffer due to this harmful ritual. The Indian government along with the state governments is actively engaged in eradication of this harmful tradition. One of the early steps taken was CMRA 1929, which was proposed by Rao Sahub Harbilas Sarda in 1927 in the Constituent Assembly. This Act is mainly associated

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with increasing the age of consent for marriage specifically for women (Hatekar, Mathur and Rege 2007, 145). In this Act, child marriage is defined as one where the contracting parties are children at the time of marriage. By child, it means that the girl has not completed the age of 14 years and the boy has not completed the age of 18 years (Sagade 2015). Although this initiative towards the issue of child marriage was taken by the colonial government instead of the Indian government, the participation of India in this reform is associated with this act and this is looked upon as an Indian initiative. This Act received assent from the then Governor-General on 1 October 1929 and came into force on 1 April 1930. CMRA mainly focuses on the age for marriage and is very silent on child marriage being a punishable offence. After CMRA, the major deliberation on child marriage was related to the validity of child marriage or its declaration as void. In 1974, GOI appointed the CSW and gave the Commission the task to define the validity or to void the discussion on child marriage. Three notions were given by this Commission. First, to maintain the validity or the legality of child marriage if it had already taken place but at the same time declaring child marriage as an offence. Second, to declare the child marriage void. Third, to give the authority or option to victim girls to obtain the dissolution of marriage (ibid.). Although these deliberations were constantly prevalent in India from various forums, the initiative of the government was to protect the girl child from this heinous crime against humanity.

Minimum Age for Consensual Sexual Intercourse and IPC In this section, the matter of discussion was the age of marriage and age for consensual intercourse. After constant effort from 1925, 1929 and 1945 on this issue, the age of girls was increased from 12 to 15 and in 1978, the age of girls was increased to 18, but the minimum age of consent was not raised corresponding to that. With the constant effort of women’s organizations, the age of consent got the attention of all. It is to be noted that

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currently, the age of consent for a married woman is 16, which means that at the age of 16, a woman can have sexual intercourse with her husband. But at the same time a girl (unmarried) aged 16 cannot have consensual intercourse. It will be considered as rape although consent is present (ibid.). However, this debate raises the voice of women and girls towards the issue of consent. The government calls on women organizations and feminist scholars to empower girls by highlighting the issues of child and early marriages. The Prohibition of Child Marriage Act (PCMA 2006) is one very dynamic initiative of the Indian government. This Act provides a very large definition and deliberation on the practice of child marriage. It widely explains the various social and religious causes of child marriage and early marriage. The heinous consequences of child marriage are also deliberated here. Along with that, the government defined children: Girls under the age of 18 years and boys under the age of 21 years are considered as children (MWCD 2006). It states that every aspect, that is, prevention, protection and prosecution of offenders is compulsory to address from the grassroots level. It emphasized an individual’s as well as the community’s role to use the law related to child marriage prohibition. With the help of child marriage prohibition officers (CMPOS) appointed in every state, the government tries to protect the child marriage victims. The role of this officer is to prevent child marriage before it takes place, to protect victims as well as to prosecute the offenders (ibid.). Reporting child marriage practices is also one of the major features included in this Act. After the provisions on protection and prevention PCMA (2006) also provides Section 13 and Section 15 which state that child marriage is a non-bailable and punishable offence (MWCD 2006). This Act is considered as a milestone in the field of child marriage eradication from society as it marks the responsibility of individuals along with that of society. It emphasizes protection and prohibition along with rehabilitation. The Indian government promoted the data collection aspects of child marriage practice. Many international organizations

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and NGOs present data and report on the child marriage custom present in Indian culture. The Indian government with the analysis of these data and reports tries to find the social and religious or economic causes behind the practice of this horrific tradition in society. For example, Nawada and Madhepura districts in Bihar and Bikaner and Tonk districts in Rajasthan are the places where UNICEF explored the high rate of child marriage that takes place every year (UNICEF and ICRW 2011, 1). UNICEF presented report on this practice and this report of UNICEF sought the attention of the central government. According to the report, these states are extremely backward in overall education percentage as well as the condition of women’s education. It also explained how the practice of child marriage harms the girl child’s mental and physical health. The Indian government started various educational programmes and policies with special focus on girls, as discussed in the previous section. UNICEF through the publication of reports highlighted the issue of child marriage. The state and district level annual report of UNICEF on child marriage explored the condition of the girl child in society. UNICEF tried to draw the attention to the issue of early marriage through reports and conferences. The GOI, based on these reports and detailed deliberations, constantly works against the early marriage concept through the laws and punishment and tries to protect the girl children from this horrific practice. Studies and research of many NGOs and UNICEF also indicate that in India the retention, dropout rate and other kinds of difficulties or challenges in education still affect girl students more in comparison to boy students. Child or early marriage of girls is also a big obstacle in the education field (Panda 2011, 18). MWCD and UNICEF in a joint effort deliberated about the social norms and traditions behind these child marriages as well as the barriers in delayed marriage. Throughout research, both actors made programmes and policies for the eradication of this harmful tradition (ICRW and UNICEF 2011). They organized awareness programmes in those places where this immoral and evil practice was prevalent. They also highlighted

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the role model family that broke the tradition of this early marriage and promoted awareness through them. UNICEF actively supports MWCD in its initiative to develop and implement the national strategies and approach to prevent child marriages (UNICEF 2012c, 11). MWCD with the help of UNICEF, UNIFEM, UNESCO and many more organizations is working to address this issue from the grassroots level. The government noticed that a child becoming a widow is also one of the consequences of child marriage. A circle of cause and effect of this harmful tradition and its consequences—child marriage, child widow, sexual exploitation, unawareness regarding laws and legal rights, and inferior position—are present in Indian society. On the issue of the poor condition of the child widow, UNICEF’s Innocenti Research Centre published a document on early marriage and highlighted how in child marriages the girl child spouses suffer more than the boy child. In this context, UNICEF with the help of state governments of Rajasthan and Madhya Pradesh investigated and highlighted that child widows face—absence of socialization, discontinuation of education, isolation and poverty, which push them in a situation where they face physical as well as emotional violence (Innocenti Digest 2001, 9). As they do not even have the minimum education qualification for a job, child widows do not have the option to earn money and are often engaged in or sold into child prostitution. The condition of child widows is very bad as they are exploited mentally due to many blind beliefs as well as isolated from their family due to traditions. To draw the attention of the society and the state government, the Indian government along with UNICEF organized many conferences on this issue and highlighted the pathetic condition of child widows. For instance, in a conference in Bangalore in 1994, participants drew attention to the condition of child widows in Indian society (ibid.). These types of conferences spread awareness in society towards the consequences of child marriage. Another information available in UNICEF’s official document on the child marriage practice in Rajasthan is that on Akha Teej, which is a festival in Rajasthan. On this day a huge 136  Rights of the Girl Child in India

number of child marriages take place in Rajasthan. However, since 2005, the government has started various campaigns against child marriage, and few weeks before Akha Teej, most of the places are declared on high alert in Rajasthan (UNICEF and ICRW 2011, 29). UNICEF published these activities as well as achievements of the state government in the protection of the girl children from early marriage practices. Rajasthan State Commission for Women and local NGOs work for the elimination of early marriage tradition in some districts of Rajasthan. For example, Jhunjhunu is one district in Rajasthan where the rate of child marriage is very high, and the state government gives special attention to this issue. In 2006, the state government and UNICEF started a campaign against child marriage practice called ‘child marriage abolition campaign’ (ibid., 32–33). Through this campaign, they highlighted the dangerous and harmful immediate and gradual consequences of child marriage to society as the tradition of child marriage is mainly associated with the social and cultural practices and beliefs. These types of campaigns against child marriage highlight the negative impact on the social structure due to the practice of forced marriage. Education is also considered a vital tool to address this issue and in this context, the Indian government with the help of UNICEF, UNIFEM and UNDP actively promotes the education of girls. Girls’ education, delayed marriage as well as good health practices for the girl children such as WASH, the Integrated Child Protection Scheme (ICPS), Kishori Shakti Yojana, Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (SABLA), Sahyog Yojana and Apki Beti Yojana are promoted by the Indian government and state governments along with UNICEF and WHO. Use of national and international forums to express and discuss the difficulties of victims is also an effective approach to reveal or expose the gravity of evil social customs. For child marriage, the Rajasthan government with the joint effort of UNICEF started the Jan Sunwai platform. The role of civil society is very much appreciated by the international actors on these issues. Jan Sunwai or public hearing is an effective

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step taken by the Rajasthan State Commission for Women and UNICEF. Jan Sunway provides a platform for girls and women to raise their voice against this evil practice, keep their grievances before the Commission, and seek redressal and rehabilitation (ibid., 31). The Rajasthan State Commission for Women along with UNICEF started the campaign against child marriage in Rajasthan. In 2006, both actors with the help of local NGOs launched the ‘Child Marriage Abolition Campaign’ in Jhunjhunu district where the rate of child marriage was very high (ibid., 32) and included the local people in this campaign as well. Despite these programmes and policies as well as a legal framework to protect girls from evil practices or from discriminatory social and religious norms, the central and state governments still have not succeeded in achieving equal platform for males and females.

Challenges The central and state governments, international organizations, NGOs as well as other state and non-state actors are actively engaged in the protection and promotion of the welfare and well-being of girls and women. In this constant effort, they face many challenges as well. Due to these challenges, the outcomes of policies and programmes are influenced as well. The Indian society is very diverse in many contexts such as religion, tradition, social and cultural beliefs, language and geography. With these diversities, it is very difficult to collect all information regarding any tradition which affects the masses in India. At the same time, regular supervision and evaluation are key aspects of the success of any policy and programme. However, the lack of evaluation of programmes and policies creates a huge challenge for countering the early marriage practice. Most of the programmes which were started for the elimination of child marriage from society are not regularly evaluated by the government, the concerned organization or UNICEF. Very few were being evaluated with the use of rigorous methodology or

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with sufficient information on others (Lee-Rife et al. 2012, 289). Due to the lack of evaluation and supervision, programmes are not appropriately effective and efficient to address the issue from the grassroots level. Another challenge is the collection of correct information or inadequate information as without proper information, it is difficult to counter the problem effectively. Girls feel shy to share their personal experiences about early marriage difficulties. Several girls do not respond to the questions concerning their routine after child marriage. Due to lack of information, UNICEF, as well as researchers, find it challenging to find girls who are interested in talking about the topic (UNICEF and ICRW 2011, 12). Language and translation are also a big limitation. When UNICEF tries to know the views and experiences of the girl children in their early married life, most of the girls share their view in their language or local dialect. It is possible that in the process of translation from local dialect to Hindi and finally to English some of the details and nuances get lost or missing (ibid., 12–13). Victims’ views and experiences are vital for countering any problem. However, the girl children’s views are not recorded exactly as stated and this affects policy formulation. Inadequate sensitization, as well as inadequate training of those who are involved in law implementation, are also major limitations. All these insufficiencies make it difficult for the proper implementation of laws (ibid., 45). Although central and various state governments organize many conferences and create platforms for victims to express their difficulties, due to very little participation of child brides, these are not very effective in understanding the issue. The inferior position of women and girls creates challenges in the context that their families give the least attention to the girl-child welfare schemes. For instance, state governments of Rajasthan and Madhya Pradesh along with UNICEF organized various programmes and policies to make people aware of the issues of the girl child. With the help of rallies, they try to eliminate the girl-child trafficking practices from Indian society. However, these efforts are not very successful and there are Law and Legal Discourses  139

many reasons behind it. Child sex ratio difference, illiteracy, poverty and patriarchal mentality are a few of the reasons that make the issue of women and girls least important. The other challenge is the lack of supervision of government policies related to trafficking prohibition, which creates difficulties for state and non-state actors causing them to struggle. Moreover, powerful groups are involved in these criminal activities, which makes it more difficult for UNICEF. Furthermore, girl-child trafficking, violence and exploitation are crimes which thrive on secrecy. So, it is very difficult for the government as well as UNICEF to collect reliable data related to these crimes (UNICEF 2011, 28). Lack of systematic and reliable data on the girl child and women trafficking make the task of UNICEF to counter this problem even more difficult. According to a UNICEF report, it is estimated that there are more than 5 lakh sex workers in India and most of them are underage. This number is not the exact figure and it might increase (Ghosh 2009, 19–24). No exact data is available on this organized crime and due to this, it is very difficult for UNICEF to provide proper rehabilitation to suffered girls. The lack of actual and authentic data is one of the challenging aspects of child marriage eradication. In many villages, it is difficult to collect reliable data on the practice of child marriage as people do not give information about this practice. Population constitutes the human resources for a nation. However, if this resource is huge as well as illiterate and not aware or knowledgeable, then it creates difficulties. A large population needs more welfare programmes and assistance. For instance, MWCD along with UNICEF in its effort to protect the health of the girl child faced many challenges. A large population is also a big obstacle to their programmes and policies. With the UNICEF’s limited sources, it is difficult to counter all the girl child health issues (UNICEF 2011, 10). As discussed before, the health of the girl child is ignored by the family and parents. In this situation, it is difficult for UNICEF or any other organization to address the issue of the girl child. 140  Rights of the Girl Child in India

Another major challenge is the lack of data on child rights violation activities. Psychological barriers also play a vital role in the protection of the health of children, especially girl children. Although the government, women as well as UNICEF work for the health of the girl child, the coverage rate of the polio vaccine, for instance, is lower in north India, specifically in Muslim areas, compared to the average of states in other regions (Demon et al. 2014, 12–13). This mindset or religious belief creates a very challenging platform for programmes and policies. The lack of proper knowledge about health vaccines as well as the high rate of illiteracy become big barriers for the state and non-state actors during the implementation of any programme. Another major challenge is the lack of supervision and accountability of UNICEF’s programmes. All programmes need regular supervision as well as proper implementation at the local level. Immunization programmes of UNICEF faced challenges because there was a lack of interest in local-level implementation. The political will, hygiene conditions as well as proper and secure health infrastructure of the country play a big role in the success of immunization or health protection programmes (ibid., 13). Lack of these conditions makes it difficult to protect the health of the girl child. As discussed earlier, the enrolment of the newborn girl child in SNCUs is very low. Also, proper data on the male and the female newborn child is not available. In this situation, the government faces various challenges to protect the girl child from infanticide (UNICEF 2013a, 41). Thus, SNCUs do not succeed in their aim and objective to protect the newborn girl child from infanticide. MCI is one of the programmes of UNICEF in South Asia. But in the context of India, this programme does not reach all states equally and awareness of the protection of the girl child from infanticide and other awareness programmes do not prove to be very effective. According to the UNICEF Annual Report 2013India, due to the lack of proper signalling of All India Radio Law and Legal Discourses  141

(AIR) and other infrastructure, MCI faced difficulties (UNICEF 2013b, 41). Due to the lack of proper structure and set-up for effective implementation, programmes and policies do not achieve their target. The difference between what is given on paper and what happens in practice is also a big challenge for girls and women. During the formulation and implementation of a programme, UNICEF faces various challenges in India. Various programmes and policies have been started by UNICEF and the Indian government, but most of those programmes are on paper as they were not put into practice. For example, DPEP) is one of the successful programmes of the Indian government and UNICEF, but hardly any person knows about this programme in various districts of Indian states (Unterhalter and Dutt 2001, 58–63). Many programmes are mentioned on paper and government documents, but when it comes to practice, it is very difficult to implement these exactly in the way as mentioned in the documents. Social norms and traditions are also obstacles to UNICEF’s efforts. In a patriarchal society, girls are not seen as members of the family as they have to leave home after marriage and due to this phenomenon, parents and families do not take interest in the girl child’s education (Chakravarty 1998, 11–16). In these circumstances, it is very difficult for UNICEF to promote the girl child’s education.

Conclusion In conclusion, it is to be noted that the Indian government started various welfare programmes and policies to uplift the condition of girls and women in society. The girl child needs protection from birth to every stage of life. As discussed in earlier chapters, girls and women face many challenges related to health due to their inferior social position. Various international treaties and conventions emphasized the protection of every right of women and girls. Article 25 of UDHR states that the right to good health is the right of all human beings. WHO also started many programmes and policies towards the

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protection of the health of the girl child and women as well. The health and hygiene of adolescents is always a vital aspect for UNICEF and WHO. In the context of India, the health of girls and women is a matter of concern for state and non-state actors. The inferior position of girls and women makes them more vulnerable. The Indian government has started various programmes and policies to address the traditional beliefs about women and girls. It also started many health programmes as well. The Indian government adopted all aspects of UDHR and very actively works with WHO. In the 1970s, the smallpox eradication programme was started in India and in 1978 it was expanded with the immunization programme. EPI was started at the national level to immunize children with DPT, OPV, BCG and typhoid fever vaccination in their first year of life. UIP, which was started in 1985, also promoted the health and welfare of all children without any discrimination based on gender, sex, caste and religion. The Office of the United Nations High Commissioner for Human Rights, UNICEF and WHO supported this programme. Also, both UNICEF and GOI trained medical officers and cold chain handlers for the better care of children’s health and immunization programme. The Indian government supports the health improvement aim for the girl child in various other ways as well; such as the WHO and UNICEF started the WASH programme in India. This programme is very effective for adolescent girls, as hygiene is the main issue behind the high dropout rate among girls from school especially after the onset of menstruation. The Indian government, UNICEF, state and non-state actors included all social and religious leaders to protect the health of the girl child through immunization programmes. The Integrated Child Development Service (ICDS) is another initiative of the Planning Commission of India along with WHO and UNICEF. It works for all children including the girl child. This service had a positive impact on girls as it worked on water and sanitation awareness in India which is very important for adolescent girls. This gave an equal opportunity for girls to continue their education and avail all health facilities

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provided to them. The Indian government promotes the role of the Planning Commission of India in report making on drinking water. Child abuse, which has a negative impact on the girl child, is also addressed by the Indian government and it has taken various actions against this practice. For instance, IMA along with UNICEF is jointly working against this harmful tradition with awareness programmes against CSA. With these approaches, the protection of mental health of the girl child gets attention as the girl child is the main object of sexual violence, child prostitution and so on, and it is because of these atrocities that they are infected with various sexual diseases such as HIV/AIDS. The government, to tackle this issue tries to protect girls from these types of crimes and also encourages awareness programmes at the school level. The IMNCI is one of the initiatives of the Indian government along with WHO and UNICEF. It provides neonatal care to all children and the girl child is also included in getting the required health care. In patriarchal societies, the girl childcare is mostly ignored by the family and parents. The IMNCI counters this discriminatory approach and adopts equal care for the male and the female child. In the 1990s, MCI—a government initiative—tried to promote gender equality aspects in society through a cartoon programme. It stated the importance of health aspects in the girl child and how it is compulsory to make a balance between men and women’s role in society. Along with health and protection of childhood and adolescence, central and state governments raised the issue of the girl child’s life before their birth as well. It means addressing the practice of female foeticide and female infanticide which are very much prevalent in a patriarchal society. Girls and women are seen as burdens on the family or as temporary members of the family as they have to leave their parents’ house after marriage. Various reports highlight the peculiar condition of female foeticide practices in India and the Indian government started various policies for legal prohibition to address this issue. With the introduction of the PNDT Act (1994), the government banned the sex determination practice and declared it as an

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illegal act, although in extreme medical conditions it could be used with the authorized medical permission. But it is to be noted that it was a very big initiative against female foeticide. Sections 312 to 316 of the IPC 1860 also stated that causing miscarriage without women’s consent is a punishable offence. With these legal frameworks, the Indian government also initiated awareness of religious aspects. The National Commission for Women and the IMA along with the joint efforts of UNICEF are actively engaged in this process. Multi-faith campaign on female-child protection was encouraged by the UNICEF, national government as well as state governments. In the 1990s, the then Tamil Nadu Chief Minister Ms Jayalalithaa gave special attention to the reports of UNICEF, which focused on gender disparity and declining sex ratio aspects present in Tamil Nadu. She announced the Jayalalithaa Protection Scheme for the Girl Child. NRHM also started to draw attention to this issue and started SNCUs. This gives equal protection to male and female children, hence protecting girls from discrimination. Protection of the girl child from trafficking and sexual violence is also an initiative of the government. India adopted all international norms to protect girls and women from these heinous atrocities. Adaptation of UDHR, CRC (1959) and UNCRC (1989), ATMG, signatory and ratification of CEDAW are some of the international normative approaches which are supported by India as well. Besides these initiatives, the government started the Ujjawala scheme for protection as well as rehabilitation of girls and women. It addresses the issue of trafficking of girls and women for sexual slavery or other forms of sexual exploitation and also works for the rescue operations of victims of the trafficking crime. MWCD and UNICEF together work against cross-border human trafficking with the help of SOP. MWCD works in this field to protect girls and women from trafficking along with various NGOs such as Nirmala Niketan which organize surveys and record data on girls and women trafficking. These data are very useful to make policies to address this issue. MWCD also established the CAC to give policy advice to address the misuse of girls and women for commercial sexual

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exploitation or child pornography and forced prostitution. The Immoral Traffic (Prevention) Act, 1956 is an initiative in which the central government appoints trafficking police officers to protect girls and women from trafficking and give them immediate help when needed. Along with these programmes, policies and legal discourse, it promotes data collection and regular surveys on these policies. Data of states and districts on the trafficking of girls and women is also helpful to address the issue from the grassroots level as well as where it needs wider attention. The girl child’s education is also an effective tool to empower and protect girls and women from being a vulnerable or marginalized group. Many international conventions and declarations state that it is the responsibility of states to provide equal opportunity for education. Article 26 of the UDHR 1948, Article 13 of ICESCR, Article 10 of CEDAW and Beijing Declaration in 1995—all state that education is a basic right of all people without any discrimination based on sex, gender, colour and religion, and all states should provide this opportunity to all. India appreciates all these treaties and conventions and adopts recommendations and suggestions in different forms. At the national level, the government not only focuses on the girl child or adolescent girls but adult women are also included in policies’ aims and objectives. Formal and non-formal form of education for girls and women workers from organized as well as unorganized sectors have been provided by SVPs, Mahila Samakhya Programme and the Shiksha Karmi; these are some of the programmes at the national and state level which promote the education of girls and women and empower them at the workplace as well as in society. SSA, Mid-day Meal Scheme and KGBV are some initiatives of the Indian government to promote education and awareness among all castes and enable them to be aware of their rights and legal assistance. Specifically, it encourages the accessibility of education to all; the inclusion of Dalit girls in these programmes is a very remarkable approach of the Indian government as the condition of Dalits is very peculiar in the Indian society. MLL, started by UNESCO and UNICEF, got support from the Indian governments to

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find various reasons behind the dropout of girls from school as well as what are the causes of least literacy rate among girls as compared to boys. After finding reasons it is useful to plan programmes and policies according to the issues. Child marriage is also a big reason for girls and women’s deprivation of various rights from a very early age such as the right to education, right to choose spouses, right to give consent for marriage and right to health. Article 16 of the UDHR and Article 16 of CEDAW state the equal rights to enter into marriage and equal rights at the time of dissolving the marriage. The Indian government with the adoption of these international declarations and conventions promotes the prohibition of child marriage from social and cultural aspects. CMRA (1929) also raised the age of girls for marriage. Although this was very little change in the context of the atrocities of child marriage, it sought the attention of society to this crime. The other major remarkable step is PCMA (2006). It provides for prevention, protection and prosecution of offenders along with the inclusion of state and non-state actors. Government has highlighted some areas where the practice of child marriage is very high, and which therefore need instant attention of state and central government. Government with the help of NGOs, UNICEF, UNIFEM and UNESCO promote every aspect of girls’ empowerment to protect them from child marriage atrocities. For example, WASH, ICPS, Kishori Shakti Yojana, SABLA, Sahyog Yojana, Apni Beti Apna Dhan Yojna and many other programmes were initiated by the central and state government along with child and women’s welfare organizations. Another approach is to encourage the victims to express their horrific experiences of this organized crime on a platform such as Jan Sunwai, where victims express their views and also get rehabilitation and redressal from the government. Despite all these approaches of state and non-state actors to eradicate this stereotype phenomena about the girl child and women which deprive them and make them more vulnerable, it is to be noted that the evil practice of child marriage is still present in society. Government, NGOs, INGOs as well as various Law and Legal Discourses  147

UN agencies are associated to address this problem, but they face many challenges. Diversity is a significant characteristic of Indian society; however, at the time of implementation of programmes and policies, it creates a challenging situation. It is difficult to adopt one language or one approach for all regions in India. Religious beliefs are also very different in the Indian context, although the government is associated with faithbased organizations as well as with the religious and political leaders. But still, it is very challenging to convince all sections of society to adopt equality for boys and girls. The inferior position of women deprives them of scope for equal participation, which creates challenges for establishing effective eradication programmes and policies. Due to the lack of adequate data on girl-child trafficking and child marriage, it is difficult to introduce a policy to counter these issues. Among the other challenges, there is an inadequate infrastructure for programmes and policies such as MCI which is not implemented in all states of India because of the lack of infrastructure. To sum up, a holistic approach is needed along with the collective role of civil and non-civil actors. The marginalization of girls and women is not the behaviour of individuals; it is rooted in the social and cultural norms. And due to that, its eradication needs support from society, individuals as well as from state actors. Without this collective approach, one cannot address the issue from the grassroots level.

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5

Cultural Relativism and Violation of Human Rights of Girls and Women

Culture does not make people. People make culture. If it is true that the full humanity of women is not our culture, then we can and must make it our culture. —Chimamanda Ngozi Adichie

Men and women are treated unequally in society based on gender norms. These distinctions have their roots in the cultural practices of the society. Customs and traditions are often used as tools to deprive women of their basic human rights. The human rights issues of girls and women are asymmetric to cultural relativism. Cultural relativism is an idea that the customs and traditions of a society should be judged based on the society’s own culture rather than on the criteria of others. The subject of cultural relativism is widely discussed by many authors. For instance, Tilley (1998) in his article expresses, ‘Though for every culture and custom some moral judgements are valid, at

the same time no moral judgement is universally valid. In this context, every moral judgement is culturally relative.’ Cultural relativism disapproves of universal rights of women and girls across the world. Human rights advocate that all human beings are equal irrespective of their caste, religion, race or gender. Due to difference in cultures across societies, no differential treatment can be acceptable. The concept of human rights was established by various international treaties which were initiated by the constant effort of individuals as well as groups. International conventions, treaties and legal agreements lay the emphasis on human rights as basic rights for all human beings, as discussed in earlier chapters. In this context, everyone has a role in addressing the issue of violence against girls and women together and in protecting their basic rights. All generations of human rights advocate positive and negative rights which are entitled to all human beings. International human rights deliberations and doctrines underline the necessary positive and negative prerequisites for all humans. These appeal to all states to protect the basic rights of all humans and also proscribe them from depriving their citizens or people of certain basic rights. These appeals and prerequisites are meant for all human beings and are imparted by and through various organizations and doctrines such as international human rights declarations, human rights commissions, international conventions, international laws, regional agreements, international and regional organizations as well as the legal rights at the national level. With these tools, human rights activists advocate the protection and realization of all basic rights of humans. Right to life, right to name and nationality, right to an adequate livelihood and many more basic rights are discussed in the Geneva Declaration, UDHR, ICCPR, ICSECR, CEDAW, CRC and Beijing Declaration. Numerous international and national initiatives provide justification for human rights as moral norms and rights, and emphasize implementing these as legal rights. This advocacy for rights

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is for all human beings; however, it needs more strong voices or prerequisites for the human rights of children as they are incapable of raising their voice at national or international platforms for their rights due to their age and knowledge. In this context, this is the duty of adults to raise their voice for children’s basic human rights. The girl child, girls and women are sections in the society who are deprived and who also need the protection of their basic rights, as various causes and consequences of harmful traditions violate them; this has a negative impact on individuals as well as on the community. Hence, it needs immediate attention. Despite various advocacies on child and women rights such as CRC and CEDAW, the issue of the basic rights of girls and the girl child still awaited special reference. For instance, in Asia, the concept of human rights is much debated and argued on the basis of different cultural norms and international aspects, and organizations are always ready to accept and support all human rights concerning Asian values; but in the context of women’s and children rights, they awaited the support of the government as well as the civil society (Croll 2006). While CEDAW and CRC, both international initiatives, advocate the basic rights of women and children, neither of them makes substantive reference to the girl child’s rights or any single reference to giving special attention to girls’ rights (ibid.). The basic human rights of girls and the girl child find no mention in either of the conventions. In this chapter, the contradictions between cultural relativism and the basic human rights of girls and women are highlighted. In detailed discussions, it is explained how certain customs and traditions violate legal and human rights and what are the remedies provided by international and national human rights dimensions. Certain laws legitimize the harmful customs and violate the basic human and fundamental rights of girls and women. The next section discusses the challenges faced by international and national actors in the implementation of human rights.

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Customs and International Human Rights Female Foeticide and Female Infanticide: Violation of Right to Life Female foeticide and female infanticide are a kind of genocide or type of crime against humanity. In female foeticide, the girl child is killed before her birth through abortion after sex determination. The discrimination against the girl child does not end with sex selection and abortion; the girl child faces challenges even after birth in the form of female infanticide. Both these practices are prevalent because of the male-dominated society where the positions of women and girls are lower than those of males. This tradition of killing the female foetus and female child is a flagrant violation of the right to life advocated by UDHR. According to Article 3 of UDHR 1948, all human beings have the right to life. It states that everyone has the right to life, liberty and security (UN 2015). ICCPR also promotes that the right to life is an inherent right of every human being and the state shall protect this right. In this context, Article 6 of ICCPR states that every human being has the basic human right to life and states shall protect this right with the law and legal process (ICCPR 1966). The girl child is killed through horrific practices such as female foeticide and female infanticide and these practices violate the international human right of right to life for all. ICCPR and ICESCR promote the role of states in the protection of these human rights of all human beings. In the Indian context, the Preamble to the Indian Constitution specifically mentioned the dignity of individuals as well as equal rights of life and liberty. For instance, Article 21 of the Indian Constitution states that the right to life and personal liberty is for all and no person shall be deprived of the right to life except according to legal procedure. This right advocates the protection of the life of the girl child from female infanticide. India is also a signatory of many international conventions such as UDHR, CEDAW, ICCPR, ICESCR and UNCRC, and is

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continuously engaged in the promotion of all human rights which are mentioned in these conventions. Census 2011 highlighted the poor condition of CSR in the age group 0–6 years. It drew the attention on the decline of CSR which was 918 for the girl child against 1,000 for the boy child. This is notable as it is an all-time low. The sociocultural and religious beliefs, as well as least importance given to girls and women rights, are widely responsible for this disparity (DFP, GOI 2015). In this context, BBBP, an Indian government’s initiative, was started to protect the girl child’s right to life and education. In this awareness programme, Prime Minister Modi said that people of India need to change their mindset and should take up the protection of the girl child as female foeticide and female infanticide are matters of deep shame (Iqbal 2018). The Indian Constitution, PNDT Act, 1994, and Sections 312–316 of IPC 1860—all these initiatives of the government protect the immediate and gradual human rights of girls and women. These types of basic violence against women and girls are punishable offences.

Gender Disparities in Childhood and Womanhood: Violation of Right to Equality All human beings are born free and have equal rights and dignity without any discrimination based on colour, sex, gender, language, religion, national or social origin. For example, Articles 1 and 2 of UDHR state all these basic rights against discrimination as the prime human rights of all human beings and that states shall entitle these rights to all (UDHR 1948). Equality, freedom and dignity are the elementary rights for all human beings and any tradition or practice which promotes discrimination or disparity in society needs to be abandoned. Article 2 of CEDAW states that all forms of discrimination against women shall be condemned by the state parties and that state parties need to adopt appropriate legislative and legal protection measures to protect the rights of women and address

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the issue of discrimination based on gender and sex (CEDAW 1979). It urges states to promote gender equality and eradicate all those practices which are responsible for the disparity in childhood as well as womanhood. All those traditions which violate the rights of women need immediate attention from state and civil society. State parties with the human rights norms need to address these issues. Right to equality in terms of the right to access all opportunities, equal political and social rights shall be provided by the states for all citizens without any discrimination. For example, Article 24 of ICCPR states that every child has equal rights without any discrimination on the basis of race, sex, colour, language, religion or any social aspects (ICCPR 1966). States shall protect all these human rights deliberated by international organizations. The Preamble to ICESCR lays emphasis on inherent dignity as well as equal and inalienable rights for all human family members. Right to equality is an inherent subject which shall be protected and promoted by the state parties. Article 3 of ICESCR underlines that states shall ensure equal right of men and women to the enjoyment of all human rights which are given by international and national governments (ICESCR 1966).

Discrimination in Education Access: Right to Equality Women and the girl child’s literacy rate is poor and lower than men and the boy child’s. The causes of this disparity are rooted in discriminatory social and cultural norms. As discussed in the previous chapter, poor education among girls and women creates a vicious circle of harmful consequences, which affects individuals as well as communities negatively. In this context, international conventions and international human rights declarations gave equal rights for education to all human beings. For instance, UDHR, 1948, states that education, adequate health, food and all basic needs of human beings are the rights of all human beings and the state must provide all

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these rights to all citizens without any discrimination. Article 26 of UDHR states that everyone has the right to education as well as it urges states to provide free elementary education to all (UDHR 1948). Equal access to educational opportunities, educational technologies and professional education are the basic human rights of all human beings and states shall provide these human rights without any discrimination based on sex, gender, colour, religion, nationality and so on (ibid.). Education is very important and is an essential tool for the development of human beings. Education also plays a very significant role in helping someone to access his/her rights and be aware of other rights. As education is very important in the overall development of human beings, it should be available equally to all. And women and girls also need to have equal opportunity to access the education facilities. CEDAW which is actively engaged in women’s rights and welfare also advocates the equal accessibility of education for all. With the help of education, women can gain admittance into the mainstream of society and acquire many rights as education empowers them with the knowledge and awareness about the law and legal discourses against violence and exploitation. With this view, Article 10 of CEDAW too advocates the equal rights for men and women in the field of education and state parties shall take all appropriate measures to promote the career and vocational educational aspects of both men and women (UN 1979). Literacy ratio of the girl and boy child is also a ground to seek the attention of the world community as the girl child’s education percentage is lower than that of the male child. This condition is present in all parts of the world. The one main reason is dropping out of girls from elementary education. In this circumstance, CEDAW emphasized equal opportunity to access all educational programmes and also advocated the reduction of female students’ dropout from school. It organizes programmes and policies to help those girls and women who left school before completing their education as it considers that elementary and compulsory education is the basic right of all human beings (CEDAW, 1979). It promotes

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girls and women’s education to enable them to exercise all basic rights given by international treaties and conventions. ICESCR states that education is one of the main aspects of the full development of the human personality. As education plays many of these types of important roles, it needs to be asserted and affirmed as the human right of all human beings (ICESCR 1966). Education as a human right for all is an international phenomenon which protects the rights of education for all, specifically for girls and women. As these sections are generally deprived of the educational facilities and opportunities. In the Indian context, free and compulsory education for all children between 6 and 14 years of age is a Fundamental Right as well as a Directive Principle of State Policy. The RTE Act, 2009, states that education is a fundamental right for all. The Constitution (86th Amendment) Act in 2002 inserted Article 21A in the Indian Constitution and advocates free and compulsory education for all children in the age group of 6–14 years (GOI, 2016). The RTE Act came into force on 1 April 2010, and it declares that education is a fundamental right of children and every child has the right to full-time elementary education, and state and parents are liable to provide this right to all children. The new law which came into force on 1 April 2010, casts a legal obligation on state governments and local bodies to implement the RTE Act and ensure that all children get an education in a school in the neighbourhood (Working Group on Human Rights in India [WGHR] and UN 2012). Directive Principles of the Indian Constitution promote human development with cultural and moral education as well as with scientific education among all human beings without any discrimination on the basis of sex, gender, caste and society. These steps towards the equal educational environment for all is very much beneficial for girls as well as in Indian society, the education of the girl child or expenditure on girls’ education is not likely to be entertained by the parents or family. In this condition, the RTE Act played a very significant role by providing an equal opportunity to girls in the education field.

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BBBP is a programme which advocates the protection of the female child and also promotes their well-being. However, one of the main objectives of this programme is to ensure the education and participation of the girl children and protect their basic right—the right to education. The Indian government encourages the role of the civil society to raise awareness about the importance of the girl child in society, and promote their basic rights at local, state as well as at national levels. Besides the above rights-oriented aspects, India is also a signatory to numerous international conventions and declarations such as the UNCRC, MDGs, SDG’s, CEDAW and SAARC Sustainable Development Goals. Many more initiatives are taken by the Indian government also promote the human rights of all human beings and all other international human rights which are given by international deliberations.

Child Marriage: Violation of Right to Health Child marriage violates the right to enter into marriage with free and full consent as children are unable to understand the meaning of consent and they are also incapable of giving their consent. This organized crime against humanity is also a big issue for health rights as child marriages negatively impact girls’ health and result in teenage pregnancy, immature sexual intercourse and high risk of sexual violence like rape which has a very traumatic physical and mental effect on girls. According to Article 25 of UDHR, everyone has the right to a standard of living for the health and well-being of him or herself. In this context, child marriage is a violation of the international human rights norms given by UDHR. This violation creates a vicious circle of violation of various rights of girls and women such as the right to choose a spouse, the right to have sexual intercourse with free consent and reproductive rights. Another international convention also highlights that child marriage and early marriage is a violation of basic human rights of girls and gives prominence to the abolition of this harmful

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tradition. For instance, Article 2 of CEDAW emphasizes the eradication of all customs and practices which promote or support discrimination against women. States need to abolish all existing laws and legislations which are salient in the discrimination against women and adopt appropriate measures for protection and promotion of women’s rights. Girls Not Brides is a global partnership which is actively engaged in the abolition of child marriage and protection of girls from this crime. While working with more than 1,300 civil society organizations, it is dynamically engaged in girls’ welfare and development in very diverse situations to protect girls from child marriage. Girls Not Brides highlights that child marriage practice violates various basic rights of girls, such as the right to health, right to education and right to equality. Child marriage is also responsible for the various physical and mental violence which deprive girls of a life free from violence and exploitation (Girls Not Brides 2019). Child marriage is a form of slavery which promotes sexual violence, forced marriage without consent and forced chores. It also endorses non-consensual sexual relations. All these activities are heinous crimes against humanity which violate the many basic human rights of girls. Anti-Slavery International highlights all these crimes against humanity in forms of explanation of child marriage as forms of slavery where the abuse, threat, sexual exploitation, forced labour and many more modes of exploitation are present and it is also to be noted that children are unable to leave from marriage as well as raise their voice against these human rights violations (ibid.). In the context of human rights violations, child marriage and early marriage are organized crimes which violate many rights of all human beings and girls are the main victims of this tradition. ICESCR in its Article 12 states that everyone has the right to the enjoyment of the highest physical and mental health and state parties shall provide these rights (ICESCR 1966). In this context, child marriage violates the right to freedom from physical and mental trauma as many explicit and implicit health difficulties are present in child marriage.

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Right to Marry and Found a Family: Violation of Right to Choose Spouse Women and girls at the time of peace as well as in times of conflict face various challenges and their various basic rights are violated by coercive force. These, as well as violence against women and girls, are present in both implicit and explicit forms, and women and girls are suppressed by evil social norms. For instance, forced marriage of women and girls, capturing women for sex slavery and household chores—all these crimes amount to exploiting women and girls mentally as well as physically. Forced marriage, forced sex and forced pregnancy are the consequences of the above-mentioned violations where the implicit mental exploitation is presently violating the right to freedom from mental violence. The practice of forced marriage is the violation of the right to choose a spouse as well as the right to enter into marriage with free and full consent, which is given to all men and women by Article 16 of CEDAW. Equal rights for both men and women to found a family and choose their spouse is the basic right of all human beings (UN 1979). This violation of the rights to choose a spouse is also violating the right to give free consent for marriage as it forces women and girls into marriage without their will. The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages was adopted on Human Rights Day, 10 December, and the concept of this convention was to protect and promote various equal rights of women and men. Right to choose a spouse is the equal right of men and women and so is the right to enter into marriage with free will or consent (Schwelb 1963). In this Convention, equal rights on marriage and choosing a partner were advocated for men and women. However, due to the harmful tradition of forced marriage, these equal rights are violated and mostly women and girls are forced into marriage without their free consent. For example, the principal provision of this convention is, according to Article 1(1), no marriage shall be legally entered into without the free and full consent of both parties;

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so it protects the right to choose a spouse. It highlights that all human rights shall be entrained by the states and form a part of the law and legal subject of such states to protect these basic rights.

Right to Live Free from Violence Girls and women face many acts of sexual and physical violence, which have a very harmful effect on their mental health. In this situation, the international human right which states the right to live free from violence is dishonoured. For example, forced, child and early marriage practices increase the sexual and physical violence against women and girls. Honour killing of girls and forced conversion and marriage are harmful traditions that prevent individuals from living a life free from all forms of violence. In the 35th session of Human Rights Council in 2017, this issue was discussed widely, and it was recognized that child marriage and forced marriage constitute a violation against the fundamental rights of women and girls and create a traumatic impairment situation for them. This harmful practice stops women and girls from enjoying their lives freely with full dignity. It prevents them from living a peaceful life free from all forms of violence. They are deprived of the right to proper education, right to the highest attainable standard of health (physical, mental), right to sexual and reproductive rights and so on (UNCHR 2018). Violation of all these rights affects the social condition of women and girls. Women and girls have a lower and inferior position in society, which again increases the risk of domestic and many other forms of violence against women. Violence against girls and women is very common in many societies. Many social norms justified this violence as well as violence and exploitation present in many other implicit forms. Due to their inferior position in society, women and girls are confronted with many challenges which deprive them of the right to live free from violence and exploitation. For instance, in forced marriages, women and girls are more likely to face many forms of domestic violence. For example, the Global

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Rights National Survey in Afghanistan surveyed in 2008, and the reports highlighted that more than 60 per cent of women face physical and mental violence in Afghanistan in different forms. According to this survey, women and girls forced into a marriage which strongly associated with the vicious forms of domestic violence. It is to be noted that about this survey report, 63.8 per cent of women who were forced into marriage without their will constantly faced physical violence and abusive trauma (Rembe et al. 2011). Forced marriage violates basic rights the right to freedom from all kinds of violence and exploitation, and it creates a big barrier to the overall development of human beings. As women and girls have an inferior position in society, they mainly suffer from this harmful practice. However, men also suffer from this crime against humanity; but the sexual violence due to forced marriage is very common for women and girls. UDHR also explained the legal and constitutional remedy for violation of fundamental rights of anyone. Article 8 of UDHR states that everyone has an equal right for an effective and immediate remedy against the violation of fundamental rights (UDHR 1948). Right to freedom from all kinds of violence and exploitation is an elementary right of all human beings. The Beijing Declaration also advocates that living a life free from violation and exploitation is the basic right of the girl child, girls and women (Beijing Declaration 1995). The Indian Constitution establishes the fundamental rights as well as directive principles to protect all Indian citizens as well as in some context all human beings from exploitation and violence. It promotes a peaceful environment for all humans. In this context, the Directive Principles of State Policy of the Indian Constitution underline that the state should provide the environment which allows children to develop healthily. The state should protect the interest of marginalized sections and oppressed groups and guard them against social injustice and tradition and practice of exploitation, and make their life free from violence and exploitation (Centre for Law & Policy Research 2018). Fundamental Rights in the Indian Constitution Cultural Relativism and Violation of Human Rights   161

also state that every citizen has the right to raise his/her voice against violation and exploitation. It provides all possible remedies against all forms of violence and discrimination. It advocates for all human lives free from violence and exploitation.

Sexual and Reproductive Rights and Violation of Human Rights Women and girls’ exploitation is present in almost all societies across the world. Girl-child trafficking, sex slavery and bush wives at the time of conflict are very common. All these crimes against girls and women are associated with sexual exploitation as well as with forced pregnancy, preference for sons, society depriving girls and women of reproductive rights and so on. Forced marriage and forced pregnancy, sexual and physical violence against women and girls are very common in Middle Eastern countries. Women face unwanted pregnancy and unwanted sexual intercourse, and these violate their reproductive rights. Inequalities are often deeply rooted in harmful traditions, cultural norms and religious beliefs which give males all authority on reproductive decisions. Sexual violence against women and girls is present in the patriarchal set-up where the position of women is always lower than that of men. Forced marriage or other forms of sexual violence promote the tradition of discrimination and a vicious circle of cultural and social norms arises due to these exploitations. This vicious circle of violence deprives women and girls of their rights on reproduction. Limited information and inadequate access to the information regarding policies on reproductive decisions are also big barriers for women to access their reproductive rights. In this respect, the Commonwealth countries underlined the issue of forced marriage or other forms of sexual exploitation as a violation of various rights of women and girls. According to the Commonwealth Plan of Action for Gender Equality 2005–2015, in Commonwealth countries, early and forced marriages to violate the fundamental human rights of women and girls, and have a very negative impact 162  Rights of the Girl Child in India

on the awareness of women and girls about their sexual and reproductive rights. As this harmful practice is violating the various rights of women and girls, it has to be eliminated and addressed as a matter of urgency (Commonwealth Secretariat 2014). As these rights are considered as basic rights of all human beings, they provide an equal opportunity to women and girls to protect and participate in sexual and reproductive decisions. Sexual and reproductive rights need to get more attention. If women and girls are deprived of this right, it needs to be considered as a violation of basic rights. There are some debates largely present at international conventions and deliberations. Many surveys state that women and girls face more sexual violence in forced child and early marriages and that removes or deprives them of being a part of a various family or other social decisions. Women and girls are used as sex slaves and forced wives and deprived of their rights on sexuality and decisions of childbirth, and many more vital choices and decisions. A survey in 2008 by the Global Rights National Survey was conducted on the poor condition of women in Afghanistan and how they suffer due to the huge violation of many basic human rights. This survey stated that the condition of human rights of women and girls in Afghanistan is very poor and traumatic; they were captured and forced into sex slavery and forced into marriage by different groups at the time of conflict. According to the survey, 21.6 per cent of women in forced marriages reported sexual violence or constant rape compared to 10.6 per cent of women who entered into a marriage of their own free will (Rembe et al. 2011). Right to enter into marriage with free and full consent and rights over the sexual intercourse, choosing their spouse, right over childbirth are some basic rights which are given by international deliberations. However, due to tradition and constant conflict, women were deprived of all these basic rights and their condition is very pathetic. In the Indian context, various judgments delivered by the Supreme Court of India as well as by the lower courts confirm that many traditions which are deeply rooted in the Indian culture are discriminatory against women and girls. For instance, Cultural Relativism and Violation of Human Rights   163

child marriage violates the various constitutional rights of girls and women such as equal benefit of law and dignity and liberty of girls and women. For example, in case of child marriage complaints, the lower courts also enumerated the several rights that are violated because of such practices—right to freedom from torture, right to reproductive health and survival of pregnancy due to teenage pregnancy (Centre for Law & Policy Research 2018). The Indian Constitution gives equal rights to children and reproduction to both men and women. These harmful traditions violate the constitutional fundamental rights which are guaranteed by the Constitution to every Indian citizen. Article 21 of the Indian Constitution also talks about ‘personal liberty’ which incorporates women’s right over reproductive choice and childbirth. In 2009, the Supreme Court in a case which was related to women’s right on abortion underlined that the reproductive right of women is a fundamental right, as well as in reference to Article 21 it is also a constitutional right of women. It also reaffirmed that reproductive right is the human right of girls and women (ibid.).

Challenges in Human Rights Protection The challenges are: • Gaps and loopholes in implementation of human rights laws and legal initiatives of the state parties • Poverty, inequalities, global disparities, discrimination, armed conflict, impunity and extra liberty for some groups, religious beliefs, weak institutions, conflict among national and international laws and so on.

Traditional and Cultural Beliefs, and Unacceptance of Human Right Dimension Adequate health for all men and women is an international human rights dimension, as discussed earlier. All children have an equal right to access health facilities. However, in certain

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circumstances, religious beliefs prohibit the role of human rights promoters or advocates. For instance, research states that the frequency of polio vaccination is not very high in North India, specifically in those areas where the Muslim population is in majority, unlike in the southern part of India. The reason behind this low rate of polio vaccination is lack of proper information as well as a religious misconception about it (Demon et al. 2014, 13). In this context, the health condition of all children is not benefitted equally and the equal rights to health face challenges in addressing the health issue of all children. UNICEF in its report states that in India, the polio vaccination programme is not much effective in those children who belong to the Muslim community. In this situation, it is difficult to convince Muslim leaders who are associated with the Muslim community’s development and advocate about the importance of vaccination (ibid.). These types of traditional and religious beliefs create challenges for human rights implementation. As discussed in earlier chapters, traditionally, in the Indian society the status of the girl child is regarded as inferior to the boy child. In many verses of the Rig Veda, the girl child’s position is considered lower than that of the boy child. In the patriarchal society, the birth of a son was more desired, while in the Rig Veda there was no mention of the desire for a girl child (Sharma 1999, 75). These traditional beliefs are the barriers to human rights and the right to equality and dignity. In the name of old sanskriti and tradition, society many times refuses to incorporate international human rights dimensions.

Security Gap and Lack of Legal Accessibility Human rights at the international and national levels need vital support from civil society. Specifically, if any human rights law advocates equality among men and women or if it raises its voice against an old tradition, then it needs special protection for participants. In many cases, it is to be noted that if women, girls or marginalized communities raise their voice against the evil practices, they have to face life threats and violence.

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For instance, Malala Yousafzai in Pakistan and Bhanwari Devi in Rajasthan are some activists who raised their voice against human rights violation of girls and women. Bhanwari Devi was the activist who participated in a campaign against the child marriage practice in the 1990s. Due to the lack of security for human rights activists, they faced many difficulties such as life threats and constant gang rape. The rate of child marriage is still very high in Rajasthan. Bhanwari Devi was gang-raped by local men and among those rapists, some were from her village because she campaigned against the child marriage practice (Kulkarni 1994, 1884). After a very long battle, she managed to get justice for her constant physical and mental exploitation.

Lack of Political Will, and Normative and Implementation Gap Many international deliberations advocate the human rights dimensions for all human beings. However, at the national level, the support from the national government is a compulsory aspect for proper implementation of human rights. As many international human rights frameworks are not binding on all countries, the political will is an important aspect of human rights accessibility to all humans or citizens of certain states. For instance, in matters of health rights and development of all children in India, which are also associated with international organizations like UNICEF. Immunization programmes of UNICEF faced challenges because there was a lack of interest at local-level implementation. The political will, hygiene condition as well as proper and secure health infrastructure of the country are playing a big role in successes of immunization or health protection programmes (Demon et al. 2014, 13). UNICEF published many reports stating that due to the lack of political will, health-related programmes and accessibility of health facilities are not satisfactory in performance. Along with that paper and practice difference in implementation of rights and welfare programme is also a big obstacle in human rights subject. For example, the right to education is an international

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human rights aspect promoted by various organizations. However, some educational programmes in India are only on paper instead of practice like DPEP, which is one of the successful programmes of the Indian government and UNICEF and is associated with the awareness about the right of education at the district level, but in actual practice, this programme is barely known by persons at the district level (Unterhalter and Dutt 2001, 58–63). The gap between normative aspects and implementation aspects is also a big obstacle in human rights information and implementation. International norms on human rights were strengthened, but the international conventions continuously advocate that the evaluation process of human rights implementation in every state is a significant character of all human rights initiatives. However, very few human rights programmes are being evaluated with the use of rigorous methodology or with sufficient information about the programmes and policies (Lee-Rife et al. 2012, 289). Due to the lack of evaluation and supervision, programmes are not appropriately effective and do not attain the appropriate results of human rights development. In this condition, it is difficult to promote other human rights aspects in those areas.

Laws Legitimize Violence Human rights dimension needs a holistic approach to tackle discrimination and violence against women and girls from all sides. Legal, social, cultural and religious—all aspects are involved in the deprivation of girls and women of their rights and their exploitation in the name of honour, personal laws, social patriarchal inheritance norms, cultural beliefs, religious norms and so on. All these play a very negative role in the implementation of a human rights perspective for women and girls’ rights and empowerment, and this creates many challenges for human rights dimensions. For instance, Indian laws on sexual violence and human rights of married women are contradictory in certain situations. And this shrinks the legal

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rights, protections and remedies to married women in matters of rape or non-consensual sexual intercourse. According to IPC, rape within the marriage is not considered rape if the wife is not below the age of 15. In other words, sex with one’s wife below 18 years is not considered rape unless the involved girl is below the age of 15. In this context, the human rights of a married girl of age above 15 and below 18 is ignored by the authority. It is also to be noted that the Protection of Children from Sexual Offences Act (POSCO), 2012, states that children need special protection from sexual offences and in this context, it raised the age for statutory rape to 18 and this age is standard for all children; it did not incorporate marriage as exceptional (Centre for Law & Policy Research 2018). These types of contradictions between human rights violations and legal legitimation create a wider challenge to the implementation of human rights or the protection of human rights. The protection of human rights of a married girl above the age of 15 is ignored by certain legal aspects, and laws are silent on these types of girls’ human rights protection PCMA criminalized the marriage of a girl below the age of 18 years and it is a punishable offence, but Criminal Procedure Code (Amendment) also retains the age of statutory rape is 18 years. However, on the other hand, it also retrogressively confirms the existing IPC standard on the exceptional case of married women (ibid.).

Conclusion Universal human rights versus cultural relativism is a very debatable aspect in recent years. Traditions, religious and cultural customs, and social norms for women and girls vary from society to society. The human rights dimensions at the national level are also diverse in certain contexts. However, one vital similarity in many societies is the position and condition of women and girls, which is lower in a male-dominated society. In this reference various traditional and cultural beliefs create a contradictory situation in the universal human rights subject which is given to all and the national initiative taken by the

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state governments. Women and girls are considered vulnerable sections by the international deliberations and due to this marginalization, they need special rights as well as equal rights. The League of Nations initiated the Geneva Declaration in 1924 and stated that children need special attention as they are the worst victims of war. Although this declaration did not specify the human rights violation subject, it mentioned special protection for vulnerable sections. Further, many international conventions are initiated by international organizations like the UN. Many international and national deliberations also initiated the conventions and declarations to protect the rights of vulnerable sections. UDHR is one of the landmark international initiatives for human rights protection. This universal declaration emphasized the equal rights for all without any discrimination based on sex, gender, colour and nationality. It explains many rights such as the right to life, right to name and nationality, right to adequate health, right to freedom from violence and torture, and right to education. These rights are considered basic human rights. However, this declaration also did not significantly mention or emphasize on women and the girl child. In this condition, the next development on the international human rights was initiated by the UNCRC which advocates that the basic rights of the children need to be considered as human rights. It expressed its concerns on the human rights condition of children and their development and welfare. UNCRC in 1959 and 1989 highlighted the issue of the human rights condition of all children. The girl child is not separately mentioned but is naturally included in the category of all children. Further, ICCPR, ICESCR, CEDAW, CRC and Beijing Declaration are some of the initiatives which promote and advocate the human rights of women and girls as well. As discussed, many cultural and traditional beliefs harm the basic rights of women and girls, and in this context, the above-mentioned international conventions and declarations raised the issue of violation of basic rights of vulnerable sections and gave them equal rights. Across the world, in patriarchal societies the girl child and unborn female foetus face the violation of right to life and are Cultural Relativism and Violation of Human Rights   169

killed before their birth through female foeticide as well as after birth through female infanticide. UDHR (1948) in its Article 23 and ICCPR in its Article 6 strongly condemn these acts and mention that every human has the right to life and states should abolish all traditions and cultural relativism which are related to the violation of this right in any manner. CEDAW and CRC also mention that the right to life is the basic human right of all human beings and states shall promote awareness about the harmful practices against the life of women, girls as well as the girl child. In the context of the right to life, the Indian approach towards human rights protection exists in the Indian Constitution. Article 21 of the Constitution of India advocates the right to life. Along with that, India is associated with many international conventions and is a signatory to ICCPR, CRC and CEDAW, which state that the right to life is the basic right of all human beings. The other initiatives for the promotion of women and girls’ right to life as a human right and its importance for society can be seen in the programme BBBP, which was started by GOI. With this initiative, the government drew the attention to the violation of the right to life of the girl child and how it has come up in the form of disparity in CSR as well as its consequences for the human society. Protection of the life of the unborn female foetus and new-born girl child has been started by the government for many years in the form of the PNDT Act (1994) and Sections 312–316 of IPC 1860. With these Acts and legal subjects, the right to life of girls and women is promoted by the Indian government. Girls and the girl child face a threat to their lives before birth or after birth but their whole childhood and womanhood are also affected because of gender disparity. This gender disparity creates a big gap between human rights and existing rights. This is the inherent or fundamental right of all human beings according to Articles 1 and 2 of UDHR, where all human beings are born free. And it is the basic human right of all humans to enjoy equal rights and freedoms without any discrimination based on sex, gender and colour. Discrimination against women 170  Rights of the Girl Child in India

needs to be addressed by the state parties as mentioned in Article 2 of CEDAW. It draws the attention of states to the fact that the right to freedom from discrimination in childhood and womanhood is necessary to be considered as a human right. Right to equality and equal opportunity in terms of social and political rights is for both men and women. ICCPR and ICESCR, respectively, in their Article 24 and Article 3 also explain that every child and human being has equal rights during childhood as well. Women and girls’ marginalization in civil and political rights need to be tackled by the human rights dimension with these international conventions. Education plays a vital role across the world, as with this tool, humans can address the vicious circle of exploitation and violence. Education, adequate health, food and all basic needs of human beings are rights of all human beings, and this is stressed by the UDHR (1948). In a patriarchal society, girls and women are mostly deprived of educational opportunities. In this context, many international declarations and conventions advocate education for women and girls as well. CEDAW in its Article 10 emphasizes equal rights for women as men in the field of education. It urges all signatories to provide equal rights to women as men. ICESCR also elucidates accessing equal educational opportunities to all men and women. RTE Act, which is envisaged under Article 21A of the Indian Constitution, advocates that education is a fundamental right of all children. It is also expressed that the right to education is the constitutional right of all children without any discrimination based on sex, caste and religion. The Indian government in its directive principles and fundamental rights protects and promotes the right to education for the girl child as well as the boy child. Along with it, BBBP also elaborates the importance of education as the right of girls and women and urges the civil society to participate in the promotion of educational opportunities equally for beti (daughter) and beta (son). Along with this human rights promotion, the Indian government is also actively involved in regional human rights promotion of the girl child, like SAARC regional cooperation on human rights Cultural Relativism and Violation of Human Rights   171

promotion. MDGs, SDGs, EFA and many other educational rights initiatives are campaigned for by other actors. Right to enter into marriage with free and full consent, the right to choose a spouse, the right to dissolve a marriage and so on are some of the basic human rights for all men and women. However, in child marriage, either both parties are children or one party is a child and so are unable to give their consent for marriage. In this context, child marriage is mainly imposed on the girl child and it is also noted that child marriage vitally has a more negative impact on girls in form of teenage pregnancy, forced sex, household chores, sex slavery and many other forms. In this critical condition, the international community advocates equal rights for all to enter into marriage. It also expressed that all harmful traditions against girls and women need to be tackled by the law and legal tools. For instance, child and forced marriage prohibition laws and the right to attain equal health facilities as child marriage is the basic cause of violation of the right to health. UDHR, CEDAW and Girls Not Brides are some international initiatives against the violation of human rights. Article 12 of ICESCR also advocates about the enjoyment of equal rights by both men and women on a marital decision. Right to choose a spouse is a basic right given by Article 16 of CEDAW. The UN convention on marriage advocates equal rights for men and women with reference to marriage and dissolution of marriage. Sexual, physical as well as mental exploitation and violence against girls and women are very prevalent in society. International human rights framework underlines that all humans have the right to live a life free from violence. Girls and women face grave sexual and mental violence at the time of conflict as well as at the time of peace. International conventions and declarations such as UDHR and Beijing Declaration advocate and campaign for the basic human rights of girls and women. The Indian Constitution also states that one of the basic fundamental rights of women, girls and all human beings is to live a life free from violence and exploitation, and it is the duty of all states to provide this right to all citizens.

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Sexual and reproductive rights are also considered as basic human rights for all humans. At the time of war, conflict and genocide, women and girls are the main victims. In times of peace also, cases of sexual violence against women in different forms are present in society. Women are deprived of sexual consent rights as well as reproductive rights. In this context, Commonwealth countries highlighted the issue of forced marriage or other forms of sexual violence against girls and women and drew the attention of the world community. In India, the Supreme Court, as well as the lower courts, have advocated the freedoms and rights of women and girls in many judgments. All the above-explained rights are promoted by international and national actors. The implementation of these rights as international human rights aspects and national approaches faces many difficulties. Poor implementation due to lack of uniformity among international and national methodology, lack of institutional support structure as well as poverty, global disparities and so on are some basic challenges faced by the international human rights framework. Many times traditional and cultural beliefs at the local level reject the application of universal human rights framework, and this rejection creates various challenges to balance between local and global phenomena because of the diverse and different approaches at both levels. The cases of Malala Yousafzai in Pakistan and Bhanwari Devi in India are examples of this security gap which creates challenging aspects for human rights implementation. The other challenge is the lack of political will for proper implementation. Many UNICEF programmes and policies face challenges due to the lack of political will of the government as well as civil society. Conflict between the laws on human rights protection and salient features of legal legitimation of violence against girls and women is also a challenging aspect for human rights dimension and implementation. IPC, POSCO and PCMA—all these legal initiatives advocate the protection of girls and women’s human

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rights related to protection from sexual and physical violence. However, these laws at certain points legitimize the crime or in certain respects are silent on the criminalization of society. It is to be noted that the universal human rights dimension and cultural relativism conflict with each other in some respects. On the other hand, both international and national actors advocate the promotion and protection of human rights of marginalized or vulnerable sections. Women and girls’ basic right is the prime issue for all human rights dimensions and aspects.

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Conclusion

In conclusion, it is to be noted that the definitions of child and childhood have become important issues at international deliberations. Various national and international agencies have defined ‘child’ in distinct ways. The United Nations Convention on the Rights of Child (UNCRC 1989) defines that all human beings under the age of 18 are to be considered children. This definition of children is generally accepted by the world community. This debate over age also introduced the demand of children as separate right holders. Traditionally, in many aspects, children were considered to be the private property of their parents and were hardly treated as someone possessing rights. Children did not possess individual identity and rights. However, the international community through various discussions and declarations—the Geneva Declaration (1924), the Universal Declaration of Human Right (UDHR 1948) and the UN Declaration of Rights of Child (1959)—recognized the need to promote child care and protect children from vulnerable conditions. Although care and protection were included in these conventions and declarations, they failed to give specific rights to children. Gradually, various studies and reports raised the importance of rights of children and this led to the recognition of children as rights holders and formulation of the UNCRC (1989), which gave rights to children and lent a

voice to the decisions affecting them. Many international conventions and declarations advocate children’s rights as well as their participation in child-related policies and programmes. This approach of international and regional actors faces many challenges as it is criticized by the various participants; also, the rights for children implicitly promote individualism in society instead of the community aspect. Children are unable to exercise their rights in this condition and so it is the responsibility of adults to raise their voices for and exercise the rights related to children. On the other hand, the advocates who state that children need separate identification as rights holders explain that the many challenges faced by children are the reasons why their issues need to be pursued through a rights-based approach. After a long battle, the child got their separate identity and the world community gave assent to child rights and inclusion of children’s voices in child-related policies. Amid these strenuous conditions, children needed to receive international attention. Children did not obtain much attention by the government or by thinkers until the First World War. After the grisly Nazi genocidal crimes, children’s issues emerged as a big subject in the domestic and international realms. With the horrific experience, the international community brought children into the limelight and included them as an important issue for prospects. The Geneva Declaration in 1924 was the first historic document where the issue of children was recognized at an international level, although this declaration is related to men and women, not to the states. The UDHR (1948) and Preamble of the CRC (1959) were the results of the constant attempts by the international agencies to raise children issues at the global level. Even though these declarations emphasized children’s needs, their care and legal protection, they did not raise the topic of children’s rights. The UNCRC is a major landmark for children’s rights. This convention gives the various rights to children and clearly states that all state parties should ensure these rights. In this respect, it is also to be noted that all children are defenceless and can be easily victimized because they are unable to protect themselves. While wars, natural disasters, economic 176  Rights of the Girl Child in India

crisis and other human-made or natural tragedies affect all human beings, their effect on children is considerably more. The age and sex of the girl child play a crucial role in the peculiar problems faced by them—including rape, sexual abuse and molestation. In many cases, it is seen that those accused of rape, molestation, sexual harassment or similar kinds of violence belong to the family or are known to the family of the victim. The patriarchal set-up of society and gender discrimination further lead to the neglecting of the girl child. Keeping this in mind, these vulnerable conditions of children and the girl child, in particular, the international community took the initiative and established a separate organization for children. However, with time, the girl child also got separate identification; specifically, the Beijing Conference played a landmark role in achieving this status for the girl child. As it has been understood by the world community as well as by child-welfare organizations that a girl child faces more vulnerabilities and certain peculiar difficulties than a male child, they gave special attention to the issues of the girl child and make constant efforts to bring the plight of the girl child to the forefront of the international arena. While children got separate identification with these vital attempts, the girl child was seen as a subset of children. Although the issues concerning the girl child were raised by various regional and international institutions—CEDAW convention and SAARC initiative—the girl child only managed to acquire a separate identity in the Beijing Conference (1995). With this separate identification of the child in general and the girl child, in particular, let us draw our attention to the various challenges faced by children. Although all children are vulnerable because they are unable to defend themselves, due to age and sex, the girl child is more vulnerable. In various circumstances, the girl child faces many peculiar difficulties such as rape, sexual violence, forced pregnancy and child pornography. It took a long struggle to get a separate identity status for children and especially for the girl child. UNCRC 1989 became

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a landmark achievement for children’s rights. Although this convention was adopted by various countries of the world, a few states, such as Somalia and the United States, were not signatories to this convention. The prevalence of the patriarchal system across geographical boundaries for centuries has been a detriment for females of societies. This has expanded through religious as well as caste differences. Female children throughout the world are seen as inferior to male children. Because of this male-dominated phenomenon, the girl child faces various discriminations in the family as well as in society, such as inadequate food and healthcare and neglect in terms of educational facilities. Preference for a male child in the society is predominant as the boys carry the family name, bring resources into the family, perform funeral rites and so on. The girl child and women suffer physical and sexual abuse because of her gender. Society imposes various traditional practices and rituals—such as FGM, which negatively affect the health of the girl child, child marriage, alienation of the child widow, trafficking for sex tourism or other reasons and forced pregnancy. All these vulnerable conditions have a negative impact on the girl child’s mental as well as physical health. These difficulties of the girl child occur across the world in different forms. Various events all over the world drew attention to the issues of the girl child. CEDAW, adopted in 1979, raised the issue of women. Although this convention did not directly address the topic of the girl child, it did create a platform for her. In the mid-1990s, UNICEF and UNIFEM emphasized that the CEDAW mandate should be extended because without empowering the girl child, the empowerment of women would remain a utopia for the world community. Over time, regional efforts also came into force and raised the issues of girls. SAARC drew the attention to the girl child’s issues and declared the 1990s as the ‘Decade of the Girl Child’. Finally, at the Beijing Conference, the girl child obtained various legal rights and occupied her place at an international level too. Even though all these conventions and declarations, as well as regional approaches, raised 178  Rights of the Girl Child in India

the issue of the girl child’s separate identity at an international floor, it is to be noted that the girl child’s issues are still unnoticed by many states across the world. Rights and separate identity for children, and especially for girl children, are not effective without their proper implementation. As girls in every society have a lower position and are a vulnerable section, the international community has set up various norms and standards for the proper implementation of all rights and legal discourse. Norms laid down by the UNCRC (1989) ensure that the girl child is protected from all kinds of physical and mental violence and exploitation by providing them with a safe environment where they enjoy all their rights without any fear and violence. With the norm that every human being should enjoy healthcare without any discrimination, the issue of healthcare is addressed for the girl child too. Many regional and international actors have highlighted traditions, social practices and organized crimes, such as child marriage, educational neglect and trafficking, which have a negative impact on the development of the girl child. These horrific practices and discrimination against girls were countered through various norms such as UNCRC’s 1989 prohibition of child marriage, the CEDAW’s declaration that the marriage of a child shall have no legal effect and the UDHR norms that everyone has the right to education. Education is a crucial tool for any human being to build a life of dignity. And the norms for the girl child’s education were set up by various international conferences and declarations; Article 26 of the UDHR (1948) states that ‘everyone has the right to education’. As girls are deprived of the equal opportunity of education, this declaration gave the right to education for all. And the UN through this right allows the girl child to be treated equally like boys. Individual governments also encouraged the right to education and formulated norms that education is for all and not for few sections. Various organizations took the initiative to set up the standards and tried to reduce the number of girl-child dropouts from schools. For instance, UNESCO started the programme EFA and through this programme, it set Conclusion  179

standards for all schools and made it compulsory for all schools to have separate toilets for girls. Norms for child marriage that defined the minimum age of marriage were set up by the UN. For instance, Article 16 of CEDAW and the 1962 UN convention on consent to marriage gave girls the right to oppose the early-marriage tradition and also gave them the right to give consent for marriage and choose their spouses. Another initiative is the minimum age for marriage and compulsory registration of marriages which came into force in 1964. All these efforts protect the girl child from early marriage. UNESCO and UNICEF emphasize that all laws which allow girls to marry before the compulsory schoolleaving age have to be eliminated. Child marriage violates the right of the girl child to be free from all kinds of discrimination. All these norms and standards should be made effective through the various mechanisms. Various mechanisms have been developed at the international level to ensure adherence to international norms and standards of the treatment of the child in general and the girl child in particular. Treaty-based monitoring is one of the mechanisms. The UNCRC 1989 articles emphasize that proper implementation of all treaties should be monitored by this mechanism. The UNCRC established a committee on the rights of the child to monitor the implementation of the convention. All states that are a signatory of the UNCRC (1989) are required to submit regular reports to this committee relating to how they are implementing the convention. State parties have to first submit a report after two years of adaptation of the UNCRC and then after every five years. The committee gives some recommendations to the state parties based on their reports and this recommendation is called ‘concluding observations’. Through this treaty-based mechanism, the UN is trying to implement the UNCRC effectively and promote the children’s rights across the world. CSW, along with UNICEF and expert groups, monitors the governments’ action for the girl child’s and women’s welfare. CSW got the recommendation from the UN and through

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experts’ discussions online, it tries to explore the condition of the girl child across the world. Individual countries’ reporting and monitoring system have emerged as a valuable mechanism for evaluating challenges and opportunities for the girl child-related policies. The survey system of an individual country, through which they publish the annual survey report on various social issues, is necessary for various fields and it stresses the stakeholders to be more responsible. UPR is the sub-body of the UNHRC. Although it is not directly related to the girl child, it reports on basic human rights and freedoms without the discrimination based on gender, caste, colour and sex. Another mechanism is data collection of results and evidence of girl-child policies and programme implementation. Although there are various norms and standards formulated for the girl child’s well-being and rights, there are a huge number of girl children and women across the world who are not even aware of their rights. There is a huge difference between the norms and standards of the girl child and the actual implementation of them. While the norms and laws on child marriage have existed since the 1960s, still in various parts of the world the girl child has to suffer due to this harmful tradition. Although the norms and standards have been formulated, without the adequate support of governments they are not much effective. Mechanisms are established for scrutinizing the programme and policies as well as assessing the proper implementation of norms and standards. But these mechanisms seem to be functioning not so effectively. The girl children and women are placed as vulnerable segments in society because of many discriminatory norms. In a patriarchal society, biased and discriminatory traditions are present because of many causes and these causes have many harmful consequences. The life of children is difficult as they are dependent on others for many things; however, the challenges for the girl child are more due to her inferior position. In Indian society, the traditional perception of girl children is that they are inferior to boys and have a lower position in

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society. Through female foeticide, the girl child is killed before her birth. If a girl child is born, then she faces much discrimination and is so imposed with various horrific traditions by the society that she automatically dies. They face various discriminations within the family as well, such as inadequate food and healthcare based on gender, sex, availability of resources and so on. Girls are exploited by social practices such as child marriage and child-widow exploitation and various other difficulties that emerge due to these practices. For example, in some of the states such as Bihar and Rajasthan, the child marriage rate is very high because of traditions such as Akha Teej and Mrityu Bhoj. Child marriage is the major cause of teenage pregnancy and child mortality in these states. Child widows face various difficulties such as not being allowed to remarry, although the boys are allowed to do so. Due to these norms, child widows face physical and mental exploitation, violence, social boycott and various other difficulties. Poor education rate of the girl child is also a result of social beliefs such as girls not being seen as family members as they leave the home after marriage; hence, the education of the girl child is seen as a waste of money. A son is the symbol of status and only a son can perform all funeral rituals; so the development of boys is compulsory. With these social norms and traditional mindset, the education and development of girls are ignored by the family and society. These challenges of the girl child and women are mainly rooted in the patriarchal inheritance of society and have a very negative and horrific effect on the overall development of the girl child, girls and women in society. Girls and women are deprived of and marginalized from the main part of society. And the immediate, as well as gradual impact of these harmful traditions, affects the individual and community’s welfare. Female foeticide not only has an immediate impact on the poor sex ratio between the male child and female child but also has a gradual impact in the form of increasing horrific crimes against girls and women. Poor education among girls and women deprives them of economic independency and participation in decision-making. Child marriage is a form of sexual exploitation. Child widow and child prostitution are 182  Rights of the Girl Child in India

associated with the consequences of child marriage. It is a form of marriage where the male dominates social practice with the control over sexuality. Many religious and traditional beliefs are responsible for these horrific practices against girls and women. Girls are pure and good for marriage before puberty and only the son can perform the rituals for parents—are some discriminatory beliefs which promote the exploitation of girls and women. However, these aspects are raised by various national and international actors that draw the attention of society to address this issue from the grassroots level. All these harmful traditions not only deprive women and girls of the main section but also, in many aspects, violate the various human rights of women and girls which are given by the international human rights deliberations, conventions and declarations. In the name of cultural relativism and religious beliefs all these harmful or ghastly practices against women and girls. UDHR, ICCPR, ICESCR, CEDAW, CRC and Beijing Declaration raise the issue related to human rights and urge states to protect the rights of vulnerable and marginalized sections. Many customs such as child marriage and gender discrimination violate the basic human rights of all. Article 3 of ICESCR, Article 24 of ICCPR, Article 2 of CEDAW and many more mandates advocate basic human rights for all. However, all these international initiatives are not binding on Indian laws. In certain aspects, Indian laws and legal initiatives are silent on the violation of human rights. For instance, in many Indian legal procedures, marital rape is considered a criminal offence only if the girl is below 15 years. And at the same time childhood is recognized until the age of 18 years and sexual intercourse is permissible after the age of 18 years. The issue of marital rape of girls aged between 15 and 18 years is not recognized as a crime in IPC and other legal procedures. Right to life, right to education, right to marry and choose a spouse, right to health, right to enter into marriage with free and full consent and right to equality are all international human rights that are violated in the Indian society with impunity. As these horrific Conclusion  183

traditions have a very negative impact on girls and women, this seeks the attention of the government. The government initiated various laws and legal discourses, programmes and policies to protect the rights of vulnerable sections and also for the welfare and well-being of girls and women. Many organizations as well as the government pay attention to the issue of the girl child in India and engage in the welfare of girl child. Many programmes, policies and legal discourse are initiated to protect girls and women from these types of consequences. In this context, the Indian government along with international organizations like UNICEF has launched some programmes for the protection of the girl child’s health—the IMNCI, MCI, UIP, ICDS and child protection systems (CPSs). With these initiatives, the Indian government along with state and non-state actors advocates addressing the challenges of girls and women. These programmes are actively engaged in addressing the health issues of all children without any discrimination based on sex and gender. Due to the inclusion of all children, the girl child is also benefitted with these healthcare facilities. The IMNCI programme, which was started for all children, benefited the girl child more because in India the neonatal and child death rate of the girl child is more than that of the boy child. As MCI encourages the importance of the girl child’s health, it also raises awareness about her rights issues related to her welfare. With these programmes, UNICEF is trying to protect the girl child’s health and give her an adequate environment for her overall development. Another effort of UNICEF is to protect the girl child from mental trauma and give her a safe environment by taking effective action against those practices which cause mental trauma, such as protection of the girl child from various kinds of CSA, child prostitution and forced sex. To protect the girl child from CSA, it works with the IMA. They give training to doctors and other important actors to take effective action in the case of CSA, such as immediately report to police, take the case as an emergency case and establish the evidence. UNICEF and the Indian government are working against human 184  Rights of the Girl Child in India

trafficking; also, UNICEF emphasizes the awareness about HIV/ AIDS at the school level. HIV/AIDS mainly affects girl children due to child prostitution, child marriage and so on. BBBP is a scheme of the government which is actively engaged in the promotion of the protection of the right to life and right to education along with the right to equality. Although many initiatives have been introduced by the government and civil society, it is to be noted that the international human rights framework face many challenges as well. Dissimilarity and contradictory norms exist at both international and national levels. Uniformity or equal norms and standards for all regions are not very much effective in terms of universal human rights framework. Along with that, there are many other aspects which critically analyse the role of national and international actors. Lack of proper implementation of all these welfare concepts and initiatives introduced and supported by the government and civil society are widely prevalent. Adequate attention and regular supervision are the key aspects for the success of any programme and policy. So with consistent observation, programmes and policies can be changed or aspects can be added as well as removed. Aspect stagnancies and lack of changes according to time make any policy and programme inadequate, irrelevant and inappropriate. It is to be noted that many programmes which were started in the 1990s are still present in the same form; this is the basic reason for insufficient results and the presence of difficulties and challenges. For instance, on the issue of child marriage, the rule and law, as well as the campaigns, programmes and policies, need to be revised properly. In Indian society, child marriages take place frequently and there are various root causes of this horrific practice; still, the laws and legal activities are not very effective. Due to these reasons, laws and rules need to be very strict. Through this evaluation, UNICEF’s engagement gives the most effective result; safety of campaign workers, for instance, is one of the important factors to prevent child marriage. For instance, the gang rape of Bhanwari Devi (a Sathin campaigner of child marriage prevention) in Rajasthan and the lenient legal action against the

Conclusion  185

accused have a very negative impact on future prevention programmes and policies. According to a new report of UNICEF, in India, only 27 per cent of marriages are child marriages now. It is a good sign as it has declined from 47 per cent to 27 per cent, which underlines that more diverse and holistic work in this field can eradicate this issue from the grassroots level. In this context, many organizations related to girls’ and women’s welfare highlighted that their limited organizational structure in India, specifically in rural parts of the Indian states, is one of the biggest challenges to address the issue properly. Most of the structural establishments of international organizations such as UNICEF, UN WOMEN, UNDP and UNESCO are in the capitals of states instead of rural areas. Most of the early marriage cases happen in rural areas where UNICEF or other international organizations do not have any offices or other structural profiles. So this absence of structure is also a big challenge to tackle the problem of child marriage. Due to the government’s apathy towards the implementation of programmes and policies related to girls and women, these are not very much effective. The girl child is one of the most common victims of child trafficking and this trafficking leads them to slavery. Sex tourism, commercial sex and child prostitution are some reasons and effects of girl child trafficking. The government, with the help of states, as well as non-state actors need to emphasize the hard laws against this crime as well as the immediate action against those people or groups that are involved in this crime. The gap between laws and programmes also needs to be tackled appropriately. The gap between laws and policies and implementation needs to be bridged. Although data collection on organized crimes such as girl child and women trafficking and sexual exploitation of children is very difficult, the government’s active engagement could control this crime. Rehabilitation of girls and women who suffer from these types of organized crimes needs to be included as an important part of the Indian government’s strategies to address the issue at the

186  Rights of the Girl Child in India

grassroots level. The holistic approach should involve how to protect girls and women from crimes as well as to rehabilitate those who are already victimized by such. The government’s and other actors’ apathy towards proper implementation of programmes and policies makes the achievement of the desired outcome of these programmes, a utopia in Indian society. Although many international and regional organizations are actively engaged at the local level and try to implement programmes with the local actors, they do not get adequate support from the government and the state. Moreover, at the same time, governments are not taking strong initiatives on the report of these organizations. Through the eradication of these difficulties, government programmes and policies regarding the welfare of girls and women could be more effective. It is through effective implementations of laws and other legal initiatives along with various programmes and policies that the human rights activities for the welfare of the girl child can be successful in India. The future programmes and policies on all these activist and stockholders through a more holistic approach could be more effective. The Indian government should include social indicators such as local people during the collection of data on girl-child policies. This inclusion will improve data reliability and also find the actual reason behind the programmes’ negative and positive results, based on which the government and involved actors or institutions can make changes. Economic growth should be seen through the social and equity lens and not with the universal standards. Big investment in education and a special focus on the secondary level of education can help girls to become economically independent. Opportunity for employment for girls can lead them to oppose the violence and oppression against them. Accountability of the government and of the various organizations is also an important factor in ensuring the success of the implementation of policies. Continued sensitization and change of social norms are required to ensure that the girl child

Conclusion  187

and women are treated with respect and on an equal footing with their male counterparts in society. Sensitization about the girl child issue, positive social norms and equality are all connected. However, sensitization alone is not enough; with sensitization, encouragement and economic empowerment for girls can counter poverty and other difficulties. So with this enhancive and holistic approach, the condition of the girl child could be improved, their constitutional rights could be protected as well as their human rights could be promoted. A large population of children, corruption in the funding allocation process, ineffective implementation of policies and limited accountability are some drawbacks which affect the outcomes of programmes and scheme. To summarize this research, it is to be noted that the successful and effective working of governments and international and regional organizations faces various challenges and is influenced by the politics and interests of major powers in the world. The various conclusions of the research suggest piecemeal changes at the grassroots level for better working and efficient results in the programmes and policies of international actors as well as of the Indian government. Non-binding international laws and human rights framework is a considerable obstacle to eradication of harmful traditions against girls and women. Many international conventions mandated that states shall include human rights dimensions in their laws; however, international conventions address states and not individuals, which makes for more responsibility and accountability of states instead of individuals. As found in research, the role of individuals in violation of the rights of humans is very wide. A single, uniform approach for all regions, specifically, in the evaluation process creates difficulties in assessing regionspecific problems and ignores the local standards. A holistic approach to counter the problems faced by the girl child and women in India is a necessity which is fundamentally ignored by various international conventions. For instance, caste is a big topic, and gender and caste imply double mode of exploitation of women and girls, but in many international declarations, 188  Rights of the Girl Child in India

the caste issue is not involved. The national and state governments’ apathy is also a big hurdle for proper implementation of human rights and constitutional rights which are given to all sections of society. In the light of the findings in this study, it is proposed that governments, keeping in mind the national and international aspects of human rights promotion of vulnerable sections, address the issues of the girl child, girls and women through a holistic approach as every problem has a cause and effect relationship with other issues. Otherwise, there can be very harmful consequences on the immediate and gradual development of women and girls. There needs to be a special focus on ‘shattering the circle of causes and effects of all harmful traditions’. India needs economic growth with social equality and an equity lens. It is a well-acknowledged fact that the girl child in India faces acute challenges in every respect. This requires effective consultation between the various levels of government structures in India and international organizations, and the promotion of norms given by international conventions and declarations to further strengthen the formulation and implementation of policies and programmes to improve the well-being of the girl child in India and promote the basic rights of vulnerable sections such as the girl child, girls and women. More effective, accountable and monitoring mechanisms are prerequisites to ensure the effective implementation of norms, policies and programmes.

Conclusion  189

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About the Author

Nitu Kumari is an Assistant Professor at Maharashtra National Law University. She teaches legal history and international law. She completed her MPhil in International Organization from the Centre for International Politics, Organization and Disarmament (CIPOD), School of International Studies (SIS), Jawaharlal Nehru University (JNU), New Delhi. She is currently doing her doctoral research from Human Rights Studies Programme, SIS, JNU, New Delhi. She was also a junior research fellow (JRF) of UGC. She has published many articles and books on gender justice, child rights, human rights issues, international politics, international organizations, legal history and contemporary legal discourse. She is also working as an editor of the MNLU, Nagpur Contemporary Law Review journal. She has also presented many research papers at national and international conferences. She organizes and participates in many conferences. She had worked with the NGO Sampark for unnoticed child literacy. Prof. Kumari participated as a keynote speaker in National Seminar on ‘Sindh: A Cultural Legacy’ sponsored by the Ministry of Human Resource Development (MHRD), Government of India. Recently, she was awarded with Best Paper Award for the paper titled ‘Forced Marriage: Violation of Gender Rights’ in the Jamia Teachers’ Association Multidisciplinary International Conference 2020, Jamia Millia Islamia, New Delhi.

Index

accountability, 187 Anti-Trafficking Monitoring Group (ATMG), 118 Anti-trafficking programme, 122 Australian Institute of Health and Welfare (AIHW), 69 Beijing Conference, 55, 177 Beijing Declaration 1995, 46, 118, 124 Beti Bachao, Beti Padhao (BBBP), 108, 153, 185 bill of rights, 53 Central Advisory Committee (CAC), 120 child abuse, 89 childhood, 17 child labour and challenges, 24 exploitation and violence, 25

health complexities, 26 international organizations, participation, 27 trafficking, 27

human rights, 17 Child Labour (Prohibition and Regulation) Act, 1986, 21 child marriage, 92, 131 control over sexuality, 93 illiteracy rate, 94 issue, 93 norms, 180 social discrimination religious dominances in society, 94–96

victims of socio-economic deprivation consequences, 96–97

violation of right to health, 157–158 child marriage prohibition officers (CMPOS), 134

Child Marriage Restraint Act (CMRA) 1929, 80, 93, 132 deliberation, 133 child prostitution, 98 children and term children concept, 3 United Nations, 4 Child rights convention of 1989, 63, 180 child sex ratio (CSR), 153 child sexual abuse (CSA), 13, 90 medical consequences, 111 Commercial sexual exploitation, child victims 120 Commission on the Status of Women (CSW), 50, 64, 133, 180 Committee on the Rights of the Child, 63 Communication for Development Section, 131 Convention on the Rights of Child (CRC), 48, 132 Conventions on the Elimination of All Forms of Discrimination against Women (CEDAW), 8, 47, 118, 124, 178 cultural relativism, 149 Declaration of the Rights of the Child, 1924, 25–26 discrimination, 107 child abuse mental trauma, 89–92

social and economic factor, 86 victimization of social disparity, consequences, 88–89 District Primary Education Programme (DPEP), 142

Economic and Social Council (ECOSOC), 64 education, 179 Expanded Programme on Immunization (EPI), 106 expert group meetings (EGMs), 66 female foeticide, 113 Indian Penal Code (IPC) 1860, 115 NRHM, 117 patriarchal inheritance, 82–84 PNDT Act, 1994, 114 poor sex ratio and social disparity, 84–86 sex determination, 114 sex-selective abortion, 115 Tamil Nadu government, 116 traditional beliefs, faith, 115 UNICEF, 114 female genital mutilation (FGM), 40, 91, 178 Gender Development Index (GDI), 71 Gender Inequality Index (GII), 71 Gender Training Institute (GTI), 28 Geneva Declaration, 1924, 176 international community, 18 League of Nations, 18 girl child, 2, 6, 186 Beijing Declaration, 36, 46 CEDAW, 47 challenges, 7 abuse trauma and adverse implicit challenge, 38–39 Article 19 of CRC, 52

Index  205

CEDAW and UNCRC norms, 53 discrimination, 57–58 education and least disbursement, 41–42 education in India, 59–60 elimination of violence, 54 female genital mutilation (FGM), 40 honour killing, 43 identity, 35 international and regional approach, 55–56 international policies, 52 Marriage Convention 1962 and CEDAW, 55 marriages, 42, 60–62 MDGs, 50 non-governmental organizations (NGOs), 50 norms and standards, 52 patriarchal society, 40 poverty, 41 protection and international initiatives, 52–55 protection and rehabilitation, 58–59 sexual exploitation and physical, mental trauma, 45–46 social malpractices, 36 trafficking, 44 UNICEF and UNESCO joint report, 51 violence, 37

complications, 7 CRC, 48 debates and disagreements, 20 INA, 22 International Labour Organization (ILO), 20

206  Rights of the Girl Child in India

UNODC, 21

education in India, 124 developments and challenges, 123–131

immoral trafficking vicious circle of exploitations, 99

international community, 7 issues, 62 mechanism as data collection, 70–72 mechanism on reporting systems, 67–69 status of women, mechanism and commission, 64–67 treaty-based monitoring, 63–64 universal periodic review (UPR), 69–70

least girls’ education economic independency, deprivation from, 99–101

protection challenges, 138–142 discrimination, 107 elimination of child marriage, 131–138 female foeticide, 113–117 free treatment for CSA cases, 111 inferior position, 139 international conventions, 105 national and international forums, 137 polio infection, 108 population, 140 programmes and initiatives, 113 psychological barriers, 141 religion-based faith, 109

Sustainable Development Goals, 105 trafficking, 117–123 victims’ views and experience, 139 WASH, 108 water supply and sanitation, 110

rape and sexual exploitation vulnerable environment, 97–98

rehabilitation, 186 SAARC, 48 sensitization, 188 trafficking, 6 women, 181 girls and women welfare and developments, 12 Girls not Brides, 158 Government of India (GOI), 125, 135 historical development of child document, 5 human rights, 11, 150 customs and international challenges, 164 child marriage, 157–158 CSR, 153 discrimination in education access, 154–157 female foeticide, 152 ICCPR, 152 ICESCR, 154 infanticide and female foeticide, 153 laws legitimize of violence, 167 political and normative, implementation gap, 166–167

religious beliefs, 165 right to equality, 154 right to marry and found a family, 159–160 security gap and legal accessibility, 165–166 sexual and reproductive rights, 162–164 violence, free, 160–162

harmful traditions, 183 human trafficking, 185 Immigration and Nationality Act (INA), 22, 32 Immoral Traffic (Prevention) Act, 1956, 123 Indian Constitution, 153 protections to women and girls, 14 state and non-state actors, 14

Indian culture, 78 child marriage control over sexuality, 92–96 victims of socio-economic deprivation, 96–97

social and cultural belief, 97 women and girls, 78 British colonial period, 79 discrimination, 86–92 female foeticide, 82–84 Harappan civilization, 78 negligible participation, 80 patriarchal structure, 81 poor sex ratio and social disparity, 84–86 Rig Vedic period, 79

Indian Medical Association (IMA), 13, 111 Indian Penal Code (IPC), 14, 115, 133

Index  207

Integrated Child Development Service (ICDS), 109 Integrated Management of Neonatal and Child Illnesses (IMNCI), 14, 112, 184 international community, children Geneva Declaration, 1924, 29 Rights of the Child (CRC), 30 UN Declaration of the Rights of the Child, 5, 30 Universal Declaration of Human Rights (UDHR), 29 International Covention on Economic and Social Cultural Rights (ICESCR), 8, 53 International Covenant on Civil and Political Rights (ICCPR), 8 International Criminal Court (ICC), 54 International Day of the Girl Child (IDGC), 51 International Labor Organization (ILO), 20, 32 international organizations role, 13 International Programme on the Elimination of Child Labour (IPEC), 21 joint monitoring programme (JMP), 130 Kasturba Gandhi Balika Vidyalaya (KGBV) scheme, 128 Mahila Samakhya (MS), 126 Programme, 125 Meena Communication Initiative (MCI), 113, 141

Mexico Plan of Action (1975), 118 Millennium Development Goals (MDGs), 50 Minimum Age for Consensual Sexual Intercourse, 133 Minimum Levels of Learning (MLL), 130 Ministry of Human Resources Development (MHRD), 125 Ministry of Women and Child Development (MWCD), 99, 119–120 National Rural Health Mission (NRHM), 15, 117 New Policy on Education (NPE) 1986, 126 Non-Governmental Organizations (NGOs), 50 patriarchal system, 37 cultural and social norms, 83 customs, 43 dominance, 81 inheritance, 77, 82 inheritance society, 181 prevalence, 178 social customs, 80 society, 37, 56, 72, 78, 81 structure, 81 Planning Commission of India, 13 Preamble of UN Declaration of the Rights of the Child, 1959, 57 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PNDT Act, 1994), 14, 153

208  Rights of the Girl Child in India

Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PNDT Act, 1994), 114 Press Information Bureau (PIB), 118 Prohibition of Child Marriage Act (PCMA), 134 Punjab’s Education Department, 129 Rights of the Child (CRC), 30 right to equality discrimination in education access, 154–157 gender disparities in childhood and womanhood, 153–154 right to marry and found a family violation of right, 159–160 Sarva Shiksha Abhiyan (SSA), 127 sexual and reproductive rights, 163 Sexually transmitted diseases (STDs), 14, 112 Shiksha Karmi, 126 Shramik Vidyapeeth (SVPs), 125 Sick newborn care units (SNCUs), 15, 117, 141 smallpox, 106 South Asian Association for Regional Cooperation (SAARC), 48 Standard operating procedure (SOP), 119 trafficking, 117 adolescent girls, 129

Anti-Trafficking programme, 122 CEDAW, 118 central government and state governments, 123 Indian government’s approach, 121 Minimum Levels of Learning (MLL), 130 protection and rehabilitation, 58–59 Punjab’s Education Department, 129 rescue and rehabilitation, 120 SAARC countries, 119 Ujjawala scheme, 119 UNICEF, 129 workshops, 121 Ujjwala scheme, 119 UN Declaration of the Rights of Child, 5, 19, 30 UN Development Programme, 71 United Nations Commission on Human Rights (UNCHR), 53 United Nations Convention on the Rights of the Child (UNCRC), 19, 31 United Nations Girls Education Initiative (UNGEI), 56 United Nations Human Rights Council (UNHRC), 74 United Nations Office on Drugs and Crime (UNODC), 21, 28, 32 United Nations Population Fund (UNFPA), 56, 68, 114

Index  209

Universal Declaration of Human Rights (UDHR), 29, 131 Article 25, 105 Article 26 of 1948, 59 Universal Immunization Programme (UIP), 109 Universal Periodic Review (UPR), 53, 69–70, 181

Water, sanitation and hygiene (WASH), 108 women and girl child India, 9 implicit exclusion, 11 patriarchal inheritance, 9 traditional beliefs, 10

World Health Organization (WHO), 106

violence, 160

210  Rights of the Girl Child in India