11 April 2007

THE OTHER SIDE OF CHILDHOOD

The Other Side of Childhood
Frank Krishner

Whenever we talk of vulnerable kids, we call to mind a picture of a slum-dweller, a rag picker or a street child sweeping second-class railway carriages for a few paise. Actually, children face violence everyday, and most of them are not on the street or in slums, but in our own beautiful middle class homes.

The scandal of violence against children is a horror story too often untold. With malice and clear intent, violence is used against the members of our society least able to protect themselves—children in school, in orphanages, on the street, in refugee camps, in detention, in fields and factories and at home.

In every region of the world, India included, children are subject to unconscionable violence, most often perpetrated by the very individuals charged with their safety and well-being.

Children are exposed to human rights abuses. Contrary to all our lip-service to abolishing child labour and implementing the Juvenile Justice Act, 2000, lakhs of Indian kids have no access to education, work long hours under hazardous conditions, are forced to become militants, or languish in orphanages or detention centres where they endure inhumane conditions and daily assaults on their dignity.


We made a promise 17 years ago

The year 2007 marks the seventeenth year of the UN Convention on the Rights of the Child [CRC], the landmark treaty that guarantees children the right to be free from discrimination and arbitrary deprivation of liberty, to be protected in armed conflicts and torture or inhuman, or degrading treatment or punishment, to receive age-appropriate treatment in the justice system, and to be free from economic exploitation and other abuses, among other rights.

India was among the first countries to sign and ratify the convention [CRC]. Even though we have our economic and developmental constraints, thanks to committed activists who strongly advocated children’s rights issues, we have made some progress. But we have miles to go.

Do we take children seriously?

Abuses persist because children have few mechanisms for reporting violence and other human rights violations. Does your school have a grievance box where children can feel free to write their viewpoints, to disagree with how they are treated, and maybe to give suggestions? No? There you have it. The CRC clearly states that children have the right to be consulted on all matters that concern then, especially their development. No elected student council in your school clearly demonstrates that the genuine voices of your students are being stifled. The right to participate is being denied.

Schools are where the grossest of children’s rights violations take place. Corporal punishment [that means beating or whipping kids with rulers, sticks, canes, and even in one case reported to us by kids, thin electric wire that stings badly, but doesn’t leave marks] is still commonplace in schools. The teachers hold positions of power over the students. Instead of being benevolent guides and friends, many teachers are, to put it plainly, big bullies.

So what can the kids do in such situations? They may be reluctant to speak out for fear of reprisals. And because they are children, their complaints are often not taken seriously. Parents may be too busy, or they just may not want to take the trouble to meet the principal and register a complaint.

Even when children do make reports or abuse is exposed, perpetrators [usually the teacher] are rarely investigated or prosecuted. Those in a position to take action may be complicit in the abuse, reluctant to discipline or prosecute a colleague, or fearful of negative publicity. School principals are particularly shy of addressing this problem. At times, they may be actually afraid of the teacher! Other teachers who witness abuse by their own colleagues and attempt to report it may be dismissed for speaking up.

Rights-based education

The CRC which India is a signatory to and therefore must comply with clearly states that children [persons who have not attained the age of 18 years] have a right to an education, and primary education should be compulsory (required) and free. Secondary education should be available to everyone and governments should ensure that no one is excluded because of poverty.

Article 28 of the CRC lays down that discipline in schools should respect the child’s human dignity by following a spirit of understanding and tolerance and never causing physical or mental injury. Yet, how many times do teachers [ and even parents and caregivers] cause severe mental and psychological damage to children by inflicting verbal abuse and criticism meant to crush them, or give them a sense of low-self esteem?

Article 29 of the CRC says that education should develop a child’s personality, talents and abilities to the fullest. It should also encourage him or her to respect parents, human rights, the environment, and their own and other cultures. An Anglo-Indian child has an equal right to know about his culture through the school system as a Muslim child, a Nepali child, or a Buddhist child. If the school system is not supportive of the other sub-cultures within India or gives a distorted picture of the cultures of other lands or people, it’s in violation of the CRC.

Children have the right to learn and use the language and customs of their family, whether or not these are shared by the majority of the people in the country where he or she lives, according to article 30 of the CRC.

Last but not least, article 31 of the CRC says kids have a right to relaxation and play and to take part in cultural, artistic and leisure activities appropriate for their age. The Convention does not specify exactly what 'appropriate' activities might be for different age groups.

Education should be a joyful experience. Let’s help build a child-friendly environment in our schools by encouraging children to have their voices heard, and by taking them seriously. This is how we can avoid violence against children and abuse.


[Published TOI Patna, booklet] 2007
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