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CHILD POLICY 2014

A commitment on child development in Maharashtra through holistic, integrated and planned approach

WOMEN & CHILD DEVELOPMENT DEPARTMENT

GOVERNMENT OF MAHARASHTRA

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CHILD POLICY 2014

Contents

Sr. No. Topic Page No. 1 Contex t 3 to 4 2 Introduction 5 3 Vision 5 4 Mission 5 5 Definition of a Child 6 6 Directive principles of policy 6 to 7 7 Priorities 7 to 22 7.1 Child Care and Development 7 7.2 Survival and Health 7 to 8 7.3 Nutrition 8 to 9 7.4 Early Childhood Stimulation and Education – (Age

group from birth-6 years) 9 to 10

7.5 Education and Development (Age Group 6 years and above)

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7.6 Ensuring Right to Education 10 to 11 7.7 Steps to strengthen Higher Secondary Education 12 7.8 Steps related to Recreation 12 7.9 Child Protection (CP) 12 7.10 General Measures 13 7.11 Measures related to Specific categories of children 14 to 20 7.12 Participation 20 to 21 7.13 Special Concerns for the Girl Child 21 to 22

8 Partnerships, Coordination and Advocacy 22 to 23

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8.1 Partnerships 22 8.2 Coordination 22 to 23 8.3 Advocacy 23

9 Research, Documentation and Capacity Building 23 to 24 10 Resource Allocation 24 11 State Resource Centre on Child Policy 24 12 Child Development Fund 24 13 Objectives of Child Policy

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1. Context 1. India had a number of legislations related to children. However in order to align

them to the standards set by the United Nations Declaration on the Rights of the Child, National Child Policy on Children was enacted in 1974. Keeping in view the National Policy, Maharashtra State brought out a Child Development Policy for fulfilment of children’s rights, in 2002. The objective of this Policy was to implement the provisions of UN Convention on the Rights of the Child, leading to systematic, holistic and planned development of the children in the state. The 2002 Policy had taken into consideration the changing economic, social and cultural needs of children due to globalization. It was proposed in the policy that the measures suggested would need to be reviewed in response to the constantly changing environment. In a period of ten years, since then, a number of changes have been occurred. Hence the Policy is needed to be revised. The Constitution of India includes a number of articles related to children. Article 39 (f) mentions that “The State will ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.” Also, the Children’s Charter issued in 2003 recognises the right of every child to survival, life and liberty and need for the state to protect these rights, thus reiterating the State’s responsibility towards its children. Apart from this, a number of measures have been taken by the Government of India after enacting laws including the Juvenile Justice (Care and Protection of Children) Act (2000) along with Amendment (2006) and Rules 2002 (revised in 2011), Child Labour (Prohibition and Regulation) Act 1986 and Rules, Immoral Trafficking Prevention Act (1956) amended in 1986, Hindu Adoption Act and Rules (1956), Guardians & Wards Act (1890) and Rules, CARA Guidelines on Adoption (2011), Child Marriage Prevention Act (2006) and Rules and Prevention of

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Sexual Offences Against Children Act (2012). The Department of Women and Child Development (D.W.C.D.), Maharashtra State Commission for Protection of Child Rights (M.S.C.P.C.R.), Integrated Child Development Services (I.C.D.S.) Scheme, and Integrated Child Protection Scheme (I.C.P.S.) and other initiatives of the State towards protection of children’s rights.

2. The Policy shall ensure that no child in the state shall remain out of the safety net of development and protection. The Millennium Development Goals (MDGs) ensure the well-being and development of children and adolescents, including the areas of health, education, nutrition and development. National Policy on Early Childhood Care and Education (E.C.C.E.) has also been formulated by Ministry of Women and Child Development, Government of India. The United Nations Convention on the Rights of the Child was ratified by India on December 11, 1992. Guidelines for the Alternative Care of Children adopted on 24 February 2010 by the United Nations to ensure the protection and well-being of children who are deprived of parental care or who are at risk of being so. They are meant “to support efforts to keep children in, or return them to, the care of their family or, failing this, to find another appropriate and permanent solution.”

3. The State of Maharashtra is committed on implementing the mandate of the Constitution of India, and the principles of International laws and conventions. The State of Maharashtra shall ensure provision of the highest standard of care, protection, development and empowerment of children within the paradigm of a Rights Based Framework. Maharashtra is known for its progressive approach with respect to programmes of children. However, there are many vulnerable families which required special attention to be able themselves to ensure best opportunities for development of children. The scenario is also changing with changing social, economic and political context. For example, the high growth of urban population poses a number of issues related to housing and shelter, lack of basic amenities and large scale growth of labour in unorganised sectors. Even though there has been overall economic growth of the state, intra and inter district disparities in Human Development Index (HDI) are a matter of concern. Issues like high prevalence of child labour, large migrant population, malnourishment in children below six

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years, declining sex ratio, high rate of trafficking within the state as well as from other states and countries, shocking increase in number of crimes against children including kidnapping, exploitation through begging, sexual abuse and exploitation are the major concerns for the state as a whole. While most of the structures of the Juvenile Justice System are in place, they need to be strengthened for effective implementation of the Act. The present Policy is set in the back drop of these realities. This Child Policy is an overreaching document, for every relevant department of the state that impacts on the life of children. This Child Policy will guide and inform all existing policies, legislations, plans of action and programmes affecting children in the state of Maharashtra.

4. The State is committed to take affirmative measures to promote and safeguard the rights of all children, to live and develop with justice, non-discrimination, equity, dignity, security and freedom, especially for those who are marginalized or disadvantaged, to ensure that all children will have equal opportunities and that no custom, tradition, cultural or religious practice is allowed to violate or restrict or prevent children from enjoying their rights. The Child Policy 2014 reiterates the commitment of Government of Maharashtra towards the children in the State.

2. Introduction: 2.1 Adopting that:

a. Childhood is integral part of life and a child has her/his own identity. b. Any person below the age of eighteen years is child. c. Children have different needs and groups and hence need differential

responses, based on the vulnerabilities, experienced, especially by children in difficult circumstances.

d. Rights based, on sustainable, multi-sectoral, integrated, inclusive and long term approach is necessary for the overall and harmonious development and protection of children.

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2.2 Reaffirming that:

a. Every child is unique and a supremely important part of the State. b. Positive measures and affirmative action shall be taken to eliminate situations

that cause injustice, discrimination, and inequality in society. c. Every child shall be provided an opportunity to have the right to grow in a

nurturing family environment, in an atmosphere of care, protection, love and affection.

d. Families shall be supported and strengthened through social protection and services, for nurturing and caring for their children.

e. Every child shall be provided equal opportunities and protection and to provide the children quality education, positive outlook, ideals, skills and social values so that they can grow up as adults who can preserve the social values and helping in social, economic and cultural development of the society.

f. This policy shall act as reservoir for every legislation, rule, scheme and programme in the State and shall guide the same.

g. At local, district, regional and state level, all actions and initiatives shall be governed under the provisions of this Policy.

3. The Vision:

To ensure that every child in the state shall have equal opportunity to develop her/his potential within protected environment.

4. The Mission:

The state shall endeavour, for providing access, to quality services such as health, nutrition, personal hygiene and sanitation, safe and sustained drinking water, quality and value based education, play and recreation, sports, protection against abuse, exploitation and neglect as well as opportunity to participate in decision making process related to her/his life.

5. Definition of a child:

As decided by the United Nations Convention for the Rights of the Child (UNCRC), this policy recognizes all persons up to 18 years as children. All children in this age group

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either permanently residing or having domicile, place of birth or come under the category of migrant, tourist, shall be covered under provision of this policy in the State, including natives, migrants and tourists.

6. Directive Principles of Policy:

6.1 Child rights are universal, inalienable, interrelated, interdependent and indivisible and shall be respected by the State.

6.2 All types of rights shall be recognised equally by the state.

6.3 Principles of equity, justice and non-discrimination shall guide all actions concerning the child, whether undertaken by a person, an authority or an institution.

6.4 Any type of discrimination based on age, caste, class, gender, language, ethnicity, religion or economic background shall not be tolerated. 6.5 The safety of all children shall be of prime importance and they shall be

protected from harm, abuse, neglect and exploitation.

6.6 The State shall take pro-active measures for inclusion of all children in accessing their rights, especially those marginalised or disadvantaged; to ensure that all children have equal opportunities; and that no custom, tradition, cultural and religious practice is allowed to violate or restrict or prevent children from enjoying their rights.

6.7 The responsibility of protecting children’s rights shall not be limited to one

Department of Government only but will be shared by the Governmental, Semi-Governmental and Voluntary Agencies.

6.8 All programmes, conventions and activities designed for children shall be

conducted in the best interest of the child.

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6.9 Consultation and participation of children, in an age appropriate manner, in all matters affecting them, is an inalienable right of the child. Consent of the child shall be taken before any interventions, impacting her/him.

6.10 Children are a part of the family and shall not be looked in isolation. Governments shall commit to develop programmes and schemes to protect the needs of the family as a whole and enhance family environment.

6.11 A family environment is most conducive to the all-round development of children and institutionalization being the last resort shall be provided in a need based manner, for those who do not have favourable family environment.

6.12 Confidentiality of children needing protection shall be respected at all times.

6.13 Individuality, group appropriateness and recognition of special needs and vulnerability would set the direction for all programmes and interventions related to children.

6.14 All the concerned Departments would like to converge to provide for integrated services to children.

6.15 Taking positive measures for promotion and protection of the rights of all children shall be the primary responsibility of the state. State shall seek cooperation of all non-state actors towards this end.

6.16 Measures shall be taken to build respect for one another and eliminate discrimination related to disability and vulnerability.

7. Key Priorities Survival, health, nutrition, care, clean and safe environment, development, education, recreation, fearless atmosphere, protection, rehabilitation and participation are the undeniable rights of every child and are the key priorities of this Policy.

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7.1 Child Care for Survival and Development

The State is committed to ensure equitable access to holistic child care throughout the period from birth to eighteen years, comprising the following sub- stages: Birth to three years, Three to six years, Six to ten years, Ten to fifteen years and Fifteen to eighteen years. While distinct in terms of the nature of the child’s development and needs, these stages form a continuum wherein each stage builds the foundation for the one that follows and there is therefore a requirement of a continuity of holistic inputs of Care, Health, Nutrition, Education and Protection across the spectrum. Special attention shall be given to the survival, health and nutrition needs and overall development of the girl child.

7.2 Survival and Health:

The State is committed to ensure equitable access to holistic and essential health care, both preventive and curative, of the highest standard, for all children during and after birth, and throughout the period of their growth and development.

The State shall take all necessary measures:

1. To ensure access to Integrated Child Development Services (ICDS) for all children in the state with special attention to children belonged, marginalized communities including vulnerable and neglected groups such as homeless population, seasonal migrants in rural areas, residing on the streets, those living in drought prone area, tribal and remote areas, children of farmers who have committed suicide, children of prisoners, sex workers, stone and brick kiln’s workers, D.N.T. and V.J.N.T., minority, workers engaged in sugar cane cutting, those displaced by large projects as well as construction and migrant workers in urban areas, those belong to unwed mothers and such children who do not have documents like birth certificate etc.

2. To improve availability and quality of essential services such as primary health care including ante and post natal care, safe delivery, infant and young child

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feeding (I.Y.C.F.) practices, attitudes towards girl children and young mothers, immunization, special support to adolescent girls and other vulnerable groups, and special measures for the health, care and nutrition, including nutrition education especially in remote areas.

3. To provide universal and easy access to management of neo-natal and childhood illnesses such as diarrhoea, acute respiratory infections.

4. To protect children from all water borne, vector borne, communicable and other childhood diseases.

5. To ensure access to personal hygiene and improved sanitation. 6. To ensure availability of safe and sustained drinking water to all. 7. To provide appropriate services to unorganized sector workers (domestic

workers, migrant workers - especially construction workers), pregnant and lactating mothers.

8. To strengthen the health system by ensuring availability of qualified health personnel for reducing child morbidity and mortality.

9. To ensure birth registration of all children, as per the Registration of Births and Deaths Act, 1969.

10. To ensure 100%, timely and age appropriate immunization with coordination between Health & D.W.C.D. in the I.C.D.S. Centres.

11. To provide necessary health services needed by children with disabilities, including early detection and interventions to minimize and prevent further disabilities and provide special treatment through continued medical and social support services.

12. To provide palliative and terminal care for children suffering from cancer, HIV/AIDS, sickle-cell, anaemia, etc.

13. To provide universal access to information to parents and young people for making informed choices related to birth and spacing of children.

14. To ensure that every child is born in a hospital or in recognized centres for deliveries.

15. To educate every family regarding cleanliness and health. 16. To provide space for construction of child friendly toilets and sports complex in

rural and urban areas. 17. To carry on awareness programme to prevent anaemia which is widely spread

amongst pregnant & lactating mothers and children of the age 0 to 6 years and to initiate various nutrition enrichment programmes with the co ordination and

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co operation of Public Health Department, Women and Child Development Department and Tribal Development Department.

18. The State shall take appropriate step to reduce birth of children falling under the categories of SAM / MAM / LBL / LBW.

7.3 Nutrition: The state shall take measures :

1. To strengthen the Nutrition Management System (monitoring, mapping and surveillance) for infants, children and adolescents, pregnant and lactating women with special emphasis on vulnerable, special needs children, disaster affected, drought-prone, tribal and slum areas.

2. To ensure the presence of sensitive and trained AWWs within ICDS, and enhance accountability of various categories of functionaries for effective implementation and monitoring of the nutrition component of ICDS.

3. To have early identification of malnourished children and shall take timely steps to reduce it. For this, to undertake capacity building of concerned functionaries for timely identification, treatment and follow up of malnutrition.

4. To promote breastfeeding including colostrum and proper weaning practices, trying to change inappropriate attitude, knowledge and practices prevailing in this regard.

5. To ensure and encourage for developing desired habit in order to safe disposal of urine and faeces of children and develop desired habit for same.

6. To encourage healthy practices of washing hands before and after meals. 7. To observe “Healthy Child Day.” 8. To ensure availability of crèches for all working and needy women in the state. 9. To define and implement child protection standards for mid-day meal

programmes across institutions. 10. To ensure coordination among Departments for prevention and management of

anaemia among children 0 to 6 years, adolescent girls and pregnant and lactating mothers.

11. To ensure supplementary nutrition to prevent diseases resulting from deficiencies of micro-nutrients such as Vitamin A, Iron, Folic Acid, Iodine, etc.

12. To strengthen Kishori Shakti Yojana and SABLA. 13. To evaluate and revamp the Rajiv Gandhi National Crèche Scheme for children

of working mothers.

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14. To ensure that all sites, engaging workers with children up to the age of 6 years, inclusive of sectors covered by the Factories Act, shall have Crèche/ Day Care Centre facilities and also that trained personnel are available for the same.

7.4 Early Childhood Stimulation and Education – Age group from Birth to 6 years In recognition of the significance of the early years in human development and specifically brain development, as also in consonance with Section 11 of the Right To Education (RTE) Act 2009, the State shall take measures to:

1. Provide opportunities for home-based Caregiver Education for holistic child care, including messages on psychosocial stimulation for the pre-natal to 3 years age group.

2. Evaluate the implementation of the National Crèche Scheme and bring improvement to promote crèche services with adequate infrastructure, trained caregivers, and appropriate play materials.

3. Universalise facilities for Early Childhood Care and Education (ECCE) for all children below 6 years of age.

4. Strengthen the ECCE component of ICDS, to provide developmentally appropriate play-based Early Childhood Education for 3-6 year olds, delivered through trained teachers and AWWs, to foster development in all domains - physical, sensory-motor, cognitive, language, social, emotional and creative.

5. Provide the necessary infrastructure, toys and early learning materials for the transaction of play-based Early Childhood Education, with a desirable teacher-pupil ratio, together with a trained helper.

6. To start child guidance and counselling centers at school, police station, village, Panchayat, Panchayat samiti etc.

7. Build capacity for high-quality teacher training for AWWs, and enhance the accountability of various categories of functionaries for effective implementation and monitoring of Early Childhood Education within ICDS.

8. To established regulatory statutory authorities to look after E.C.C.E. Centres and crèches run by the private agency.

9. To develop and adhere to Quality Standards for Early Childhood care Education working under I.C.D.S. Anganwadis.

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7.5 Education and Development (Age Group six years and above):

1. Every child has equal right to learning, knowledge and education. The State recognises its responsibility to secure this right for every child, with due regard for special needs, through access, provision and promotion of required environment, information, infrastructure, services and supports, towards the development of the child’s fullest potential, conforming to the norms and standards laid down for the same. Learning shall be through activities, discovery and exploration in a child friendly and child centred manner.

2. To develop regulations for children engaged in reality shows, circus and other such activities.

3. To create awareness, to prevent abuse and use of children during festival and celebrations.

4. The state shall take appropriate step to include the subjects related with food and health after designing in the syllabus from 1st to 12th standard and for implementation this a time bound action point and plan shall evolved.

7.6 Ensuring Right to Education:

1. To ensure the implementation of Right to Education Act, 2009, and to provide equal opportunity of education to all children from 6 to 14 years and prevent child labour and child begging.

2. To provide opportunity for all round development of children’s personality, including expression of creativity as a part of formal education.

3. To have enrolment campaigns during beginning of academic session every year to cover children who may be hard to reach out including migrant children, pavement dwellers, tribal children, etc.

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4. Mainstream all out-of-school children including, migrants, living on the streets, tribal children, etc. in formal school and preventing them from dropping-out.

5. To build schools in areas inhabited by D.N.T. and V.J.N.T. communities, hamlets, tandas, slums, etc. where there may be sizeable number of children.

6. To ensure that all children in schools, reach minimum level of learning. 7. To ensure effective implementation of mid-day meal scheme by focussing more

on those who are vulnerable. 8. To provide access to vocational and life skill training initiated by the

Government to all children. 9. To provide State sponsored vocational and life skills training to all children

including vulnerable groups like migrants, children in conflict with law, children with disabilities, girl children, etc. Special support may be required to facilitate inclusion of such children in skill development programmes.

10. To upgrade the quality of teacher education for vocational training and skill development of children by providing special knowledge and training to vocational teachers.

11. To ensure updated and best facilities for Information Technology (IT) and MIS in schools.

12. To ensure secular and quality education in a non-discriminatory environment for all children as mandated by RTE Act 2009.

13. To provide quality education to ensure children from every stratum can study in Government, semi-government or voluntary state authorized education institutions.

14. To make counselling services available for substance abuse and other abuse related issues and child trauma management at block and school level.

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15. To impart Life skills training including relevant legal provisions and information on protection issues to prevent sexual abuse, trafficking, child marriage, etc. to children, parents and teachers.

16. To create mechanisms to prevent and address corporal punishment and other discriminatory practices in schools.

17. Ensure that no nicotine and other addictive substances are distributed/ sold to children under any circumstances in any location and display boards in the vicinity of schools to build awareness on the prohibition of addictive substances.

18. Mandatory Training to all School Management Committee members on RTE Act and Rules should be made mandatory.

19. To strengthen research centres for development of pedagogy and learning aids in view of the changing environment for all children and particularly for children with special needs

20. To develop Quality Standards for assessment of children and put in place remedial programs to ensure that children complete elementary education and acquire the requisite learning level.

21. To ensure separate toilet for girls and access to drinking water and soap. 22. Promote timely awareness on menstrual hygiene management for the girls

between 11 to 18 years of age and have special campaigns on the same. 23. Adapt School infrastructure to receive children with disabilities including

ramps, audio visual equipment, books and reading material, Braille’s, etc. and improve the facilities in existing schools.

24. Every district to have a group of special educators to meet special needs of children with physical or mental disability.

25. Maintain MIS in all schools and also centrally, to track every child in the state, about their performance, attendance that will help to understand if there are any drop outs or migration or children getting into labour, begging, etc.

26. Undertake review of the Rules of RTE Act and update them periodically to address emerging challenges.

27. To arrange for education of children in conflict with law. 28. To open schools and to arrange educational facilities at those places

where members of minority community reside and there is availability of school going children, on the lines of that for SC/ST.

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7.7 Steps to strengthen Secondary & Higher Secondary Education:

1. To provide more schools in the villages, increasing access to secondary and higher secondary education and give recognition to existing schools.

2. To ensure that children get access to higher secondary education, especially in villages where there is no schooling facility available for the same by ensuring availability of bus transport, proper road to school, etc.

7.8 Steps related to recreation:

1. Ensure active participation of children in games, sports, dance, music, acting activities, etc. and to provide facilities for the same.

2. To ensure that Children’s books shall be available at affordable prices. 3. To ensure means to provide for recreational facilities and services for

children of all ages and social groups. 4. To frame stringent policy on reservation, of plots for playgrounds and other

recreational facilities for children. 7.9 Child Protection (CP)

1. The State shall reduce vulnerability of children in all situations and protect them from all forms of violence and abuse, neglect, stigma, discrimination,

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deprivation, exploitation including economic and sexual exploitation, abandonment, separation, abduction, sale or trafficking for any purpose or in any form, pornography, substance abuse, or any other activity that takes undue advantage of them, or harms their personhood and affects their development. The State shall enforce new laws and strengthen the implementation of existing laws to improve the situation of these children.

2. The State shall comprehensively ensure child protection by giving priority to developing systems, protocols and processes to ensure psychological, physical, social, economic development of children.

3. The State shall ensure easy and immediate access to help and safety for children who are in difficult circumstances; providing immediate and required assistance including medical, nutritional, shelter, psychological, legal, etc. necessary for the child in the circumstance; restoration of the child’s rights and finally penalising the perpetrator/stakeholders who have not performed their duties.

4. Those officers and employees who are failed in their duties towards the children shall be punished. All stakeholders shall be counselled for realizing children’s rights.

5. State shall provide rehabilitation covering access to all services necessary to overcome the child’s marginalisation/victimisation and ensure that the child has access to all her/his rights. It also includes socio-economic re-integration of the child and building awareness among all children regarding their rights.

7.10 General measures:

1. To strengthen CP Programmes with added support of the recently launched Integrated Child Protection Scheme (I.C.P.S.) with the aim to provide care, protection and a safe and secure environment for children in conflict with law as well as children in need of care and protection.

2. To strengthen the Juvenile Justice (J.J.) System at the village, block, district and state level and Constitute and strengthen Child Protection Committees for effective implementation of the JJ Act.

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3. To give adequate attention to the functioning of CWCs, JJBs and SJPUs in all the districts of the state and to ensure their timely appointment.

4. Clause 34 of Juvenile Justice (Care and Protection of Children) Act 2006 has provision to close down unlicensed children’s institutions. This clause needs to be amended to include punishment imprisonment and fine both to those running such institutions.

5. To ensure sensitive treatment of all children in conflict/ contact with law by all the functionaries including those in Government offices, JJBs, CWCs, Police, Child care functionaries, etc. and build capacities of all concerned.

6. To promote foster care, sponsorship, and ensure quality institutional, residential and family type homes.

7. To inter country adoption has been considered as an alternative means of child's care, but such option shall be used only if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin.

8. To provide adequate funds for maintaining quality standards of care provided by all institutions/organizations – whether GO or NGO.

9. To ensure timely appointment of the Maharashtra State Commission for Protection of Child Rights and ensure adequate and timely funding and other administrative support to discharge their duties.

10. To develop effective mechanism / system of monitoring and evaluation of CP programmes.

11. To formulate a policy to streamline partnerships with civil society organizations.

12. To exempt CNCP, particularly orphans from payment of court fees in cases relating to maintenance, guardianship, probate, violence and property disputes if filed before the court. The children conflict with law shall be exempted from the court fees in term of civil matters.

13. The records should be scanned in Government aided Children’s Home, Orphanages etc to ensure the maintenance of record permanently.

14. To organize Road Safety programmes by women & child Development Department in co-ordination with Transport Department, Department of Higher & Technical Education and Education Department for creating awareness amongst youth and to include Road Safety as a topic in the Syllabus of the subject Civics

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15. To provide training and guidelines for development of skill , traditional artistic knowledge, opportunities for higher education and guidance for preparation for competitive exam to every child.

16. To organize awareness programme children, guardians/parents to educate them regarding cheating done with and misbehaviour inflicted on children and its ill effect and for this to implement continuous awareness programme among schools/ Ashramshalas/ Colleges.

17. To introduce the concept of discipline and responsibility in the school’s syllabus so as to make the children responsible citizen.

7.11 Measures related to Specific categories of children:

Apart from general measures, children in special circumstances shall need specific psycho-social support and specific approach to address their vulnerabilities and protect them. These are:

1. Missing children:

a. It shall be mandatory to registered First Information Report in case of missing children and on the basis of report police shall be equipped with human and financial resources to carry on investigations.

b. The central database on missing children shall be strengthened. c. Convergence of missing children database with Police, CWC and NGOs shall

be achieved. d. SOPs for Missing Children shall be developed.

2. Working Children:

a. The State shall move towards a total ban of all forms of child labour.

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b. Working children’s schemes and laws shall be revised in view of the Right to

Education Act. c. The State shall have a zero tolerance to child labour for children below 18 in

all industries/processes/sectors. d. All children identified as child labour shall be rescued and State shall provide

adequate care and rehabilitation to the children with a detailed care plan to ensure proper re-integration into the society.

e. All rescued children shall be produced before the CWC and arrangements shall be made to ensure their rehabilitation.

f. It shall be ensure to spread message about sensitivity that no child working in any occupation or sector shall be spread in a positive manner.

g. It shall be ensured that, all rescued child workers are registered, various measures are taken for their rehabilitation, employers are prosecuted, rescued children are educated as per the provisions of RTE Act and shall not return to work.

h. Children engaged in performing art, sports, cultural programs, religious activities, traditional practices/occupations and social events or involved in the entertainment industry shall be made aware of their rights.

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i. Child Protection standards shall be defined. Regulatory and Monitoring and Evaluation mechanisms shall be put in place to ensure that children are not deprived of their rights, exploited or abused.

j. The State must try for interstate co-ordination in case of rescued children, majority of whom are from outside and living without the protection of their parent/guardian in a pathetic condition

k. Employer shall be responsible to provide facility of crèches within or near the premises of the working place to the women and destitute working in an unorganized sector.

l. Complete ban shall be imposed, in case of children below the age of 18, working in either in hazardous or un-hazardous sector.

m. Option should be given to the school going children to select the vocational courses of their choice and the State shall provide opportunities in future for their employment.

n. The State shall take necessary measures to strengthen their physical ability. o. In order to facilitate prohibition of Child Labour, the State shall extend special

benefits to family of child labour to increase their source of income and shall make efforts to provide for permanent source of income to such families.

3. Migrant and neglected children: a. State shall endeavour to provide adequate facilities to ensure that no child lives

on the streets: including in rural, urban, municipal, municipal council or municipal corporation areas. The State shall provide facilities for all living on the streets which includes those begging, rag-picking, or forced to sleep, defecate or bathe on the street. The State shall expand the facility of open, night/day care centres with responsibility to provide nutrition, security and health to cater to the needs of street children.

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b. The State shall formulate and implement a comprehensive Plan for education,

rehabilitation and reintegration of children living on the streets, in public places and under the bridges.

c. The State shall endeavour to carry out sensitization programs for Police and judiciary which would include child rights laws and protocols for sensitively handling of child abuse.

d. The State shall announce the benefits of the Rajiv Gandhi Jeevandayi Yojana to children living on the streets, in public places or in institutions licensed under JJ Act 2006.

e. All hospitals covered under Charitable Trust Act shall be required to provide free treatment to children on streets and in institutions. Hospitals shall be made child-friendly and have a separate counter where they are attended to immediately. The State shall ensure that the Hospitals submit a report on treatment of such children to the District Women and Child Development Officer as well as the MSCPCR.

f. Children with substance abuse need special care in institutional framework. Sustained rehabilitation programs shall be provided to prevent relapse of abuse cases.

g. CHILDLINE shall be expanded throughout the State and its services be strengthened.

4. Child Trafficking:

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The State shall take following measures:

a. Mapping between source and receiving areas shall be undertaken in order to determine influencing factors and develop systems/programmes to address trafficking.

b. The State shall develop programs and protocols for rehabilitation and re-integration of survivors of trafficking.

c. Networking protocols for care, restoration and repatriation with other states/countries including task force shall be developed.

d. Monitoring and Evaluation mechanisms to ensure effective implementation of all anti-trafficking laws and programs will be strengthened.

e. The state shall pay special attention to coordinate with other states and countries to ensure successful rescue, recovery, repatriation and integration (RRRI) of trafficked victims.

f. The Task Force for ensuring smooth RRRI process with participation of concerned Departments shall be activated.

g. The State shall build awareness that any type of violations of regulations made for adoption shall be considered trafficking. The laws in this regard will be implemented effectively, and if required, new law shall be made.

h. The State shall take preventive measures to stop trafficking.

5.Children with Physical or Mental Disability (CWD):

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There shall be proper coordination between the DWCD and Health Departments to ensure timely services to CWDs.

a. The State shall take up capacity building of concerned functionaries and families for early identification of disabilities in children and shall ensure that there is no discrimination regarding these children.

b. Integration of CWDs shall be the focus in mainstream programmes for children but state shall also plan special programmes for their growth and development.

c. All institutions engaged with CWDs shall be required to adopt a defined policy for infrastructure, services and child protection.

d. Rehabilitation centres for mentally challenged children/ children with learning disabilities shall be set up in all urban cities and in district headquarters.

e. The State shall ensure that CWDs are covered in all child protection policies.

6.Child abuse/ Sexual abuse:

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a. All spaces frequented by children shall be required to incorporate specific protocols to prevent and report instances of child abuse. Awareness will be spread by displaying such protocols in all spaces visited by children.

b. State will ensure all the mechanisms to effectively implement all the components of the Protection of Children from Sexual Offences Act (2012).

c. The monitoring mechanisms of child care and protection institutions shall be strengthened.

7.Protection and development of children in disaster situations:

a. Children and their families shall be provided emergency relief, support, trauma counselling and rehabilitation in the case of disaster. Children and families shall be given immediate shelter.

b. State shall review and examine policy related to care, rehabilitation and adoption of children whose parents have been severely disabled, injured or expired during disaster, and take steps accordingly.

c. Child protection assessment shall be undertaken in the event of disaster/calamity/riots. Such assessments shall be made mandatory prior to undertaking any eviction.

d. Adopting a program with processes and protocols for prevention, intervention and rehabilitation of children affected by disasters/conflicts/riots shall be a priority. Such program will be a mandatory part of all disaster management programs.

e. State shall ensure that children of farmers who have committed suicide shall not be exploited or abused, and that they would be provided facilities to participate in different programmes of the society.

8. Children of prisoners, women in prostitution, those infected/affected by HIV/AIDS and those affected by sickle cell anaemia:

a. Special provisions for the protection of children of prisoners, women in prostitution, devdasis and tamasha artistes, children affected by HIV/AIDS affected by sickle cell, anaemia and orphans shall be made. Systems to assess their physical and emotional vulnerabilities and to support their families will be prioritized.

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b. The State shall take adequate measures to ensure that children living with HIV/AIDS/Sickle cell and such like diseases are not discriminated in family, children’s Homes, school, hospital and other public places. The State shall make efforts towards their inclusion in all spaces including Children’s Homes.

c. Family and community based programmes for children affected by HIV/AIDS and sickle cell anaemia shall be promoted. However in failure to this at the last resort, the help of institutional care services only on quantitative basis shall be taken.

d. Court fees will be exempted for children affected by HIV, sickle cell anaemia and other chronic illnesses, in cases relating to maintenance, guardianship, probate, violence and property disputes.

9. Orphan and Destitute children:

a. For these children, priority will be given to non-institutional, family/ community based programmes. Inclusion of children in any of these programmes will be based on comprehensive assessment of their needs. State shall provide adequate budget to foster families, so more families can come forward to provide support. In cases where this is not possible, children shall be placed in institutions.

b. Inter- country adoption shall be considered as an alternative means of child care, only when the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin.

10. Children in Institutions:

a. Considering the presence of large number of Institutions for children in the

state, the Government shall develop a comprehensive policy on Institutional care within a specified time frame. This Policy shall cover the following aspects:

b. Listing of non-institutional services (foster care, in country adoption and sponsorship), shall be done on a priority basis.

c. To carry on yearly mapping, planning and review of existing Institutions. d. To ensure uniform standards of care for Institutions across departments. e. To put up effective reporting and monitoring mechanisms. The C.W.C.s shall

be given regular report on the waiting list.

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f. All institutions shall have Child Protection Policy. g. The State shall define criteria for registration and standards of care in

Institutions and ensure that these are met. h. The State shall provide adequate budget for maintaining proper standards of

care. i. All children in any Home shall have an individual care plan including a

rehabilitation and re-integration plan developed in a prescribed manner and format. This shall be regularly updated and reviewed by the C.W.C.

j. Comprehensive guidelines for after care shall be developed and implemented. k. An MIS of all children in institutions shall be maintained. l. The State shall establish adequate linkages with hostels, group homes and

vocational institutions to ensure that the children in Institutions are able to lead independent lives outside the Homes.

m. All instances of abuse, neglect and exploitation of children in Institutions shall be dealt with seriously. An F.I.R. shall be lodged against the authorities and the matter investigated thoroughly.

11.Children covered by institutional and Non-institutional services:

a. All children have the right to know and be cared for by her/his parents in a dignified life free from exploitation and that families shall be supported by a strong social safety net in caring for and nurturing their children.

b. Strengthening of family shall be a priority in non-institutional programmes. c. Comprehensive Guidelines for Bal Sangopan Yojana shall be developed and

the scheme will be implemented in a planned manner. d. There shall be comprehensive assessment of organizations providing non-

institutional programmes, and registration for the same as required. e. Copies of all records maintained by organisation will be digitalized and archived

in the department of women and child development. f. Every child whose name is not known shall be given a name. The practice of

‘name not known’ in institutions will be discontinued with immediate effect.

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g. After care programme will be strengthened. The programme shall include: shelter, food, education, life skill education, rehabilitation and support for legal marriage.

h. Inclusion of orphan children in the census shall be ensured. i. The Government shall ensure to provide horizontal reservations for orphans.

12. Juveniles in Conflict with Law:

a. Comprehensive guidelines for rehabilitation of children in conflict with law shall be developed.

b. The special homes shall be designed to ensure that the juveniles are given access to a number of services, primarily counseling, education and vocational training besides others. This would be done in collaboration with organizations providing such services. The Police shall be kept informed about the same.

c. Structural and procedural System of J.J.Board should be made and developed in such a way that, child may be able to feed comfortable and friendly.

d. The Police shall be given training to adopt child friendly legal procedures and not to press or insist or to allow procedures in a manner that will delay the process of justice.

7.12 Participation

a. The state shall follow the provisions of the UN Convention on the Rights of the Child which has recognized that a child is capable of forming her/his own opinions and shall therefore be provided with an environment to express her/his views. The state shall take all measures to ensure that child’s opinion is considered in order to making decisions related to her/his life.

b. Children’s organizations/ clubs shall be created in all the schools, villages, institutions, housing societies to enable children to voice their concerns and desires. Maharashtra State Commission for Protection of Child Rights (M.S.C.P.C.R.) shall be responsible for monitoring this work.

c. The every department shall be equipped with the facilities enabling children to express their opinion.

d. All child protection programs/protocols/processes shall have a facility for interaction with and participation by children.

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e. Children shall not be used to gain economic, social or other benefit out of their participation.

f. Children’s best interest shall be taken into account in all decisions in the case if right of child is violated or infringed.

g. The State shall pilot and institutionalise successful models of child participation in accordance with its obligations under the UNCRC.

h. The State shall provide training, information and resources on the concept of child participation to institutions working towards ensuring rights of children.

i. Information on child rights, laws and policies shall be made easily available and accessible to all children, schools and institutions in simple and easy to understand language and form. Such information will be included in the curriculum of schools and colleges.

7.13 Special Concerns for the Girl Child:

1. Gender Sensitization programmes for all concerned functionaries shall be strengthened. Special measures to be taken for overall development and protection of girls with a life cycle approach to health, education and life skills.

2. Girls shall be given equal opportunity in the family and for education.

3. The state shall implement a

rigorous policy of Monitoring & Evaluation for implementation

The State shall adopt a policy of zero tolerance for illegal girl child foeticide and infanticide. The state shall implement a rigorous policy of Monitoring & Evaluation for implementation of Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, with participation of members of civil society.

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4. Skill of girls shall be built by promoting vocational training programs linked to the human resource requirements in various sectors to increase the economic participation of girls and young women.

5. All government programs and schemes shall be audited for gender equity before going public and specific gender outcomes shall be identified and achieved.

6. School, junior college and senior college curriculum will be evaluated to identify gender discrimination, if any. Similarly all public advertising and communication shall go through a committee to avoid gender stereotyping of girls and boys which promotes gender bias.

7. Consistent ongoing awareness programmes shall be taken for public, PTA, lawyers, Police, Government functionaries and Judges to reduce the violations against girl children.

8. It is ensured to implement the provision of prohibition of child marriage Act 2006. District magistrate and Superintendent of Police shall take immediate action to prevent child marriages.

9. Aggressive dialogue campaigns shall be planned and implemented to tackle social traditions violating the rights of girls.

10. Campaigns against child marriage, shall be planned and implemented in spirit. 11. Under the Juvenile Justice (Care and Protection of Children) Act separate

institutions for girls shall be established. 12. In order to be healthy mother, development in all aspect to the adolescent girl

is required, for producing the healthy baby, therefore the state shall take appropriate effort and shall make the plan considering special target on the food, health, by way of training, awareness to develop healthy mother.

8. Partnerships, Coordination and Advocacy

The State shall consider accountability, transparency, decentralization and active involvement of stake holders while implementing the policy. The key elements for these are Partnerships, Coordination and Advocacy.

8.1 Partnerships:

a. The State shall ensure collaboration between stakeholders at all levels, including but not limited to Govt. TUs, employers, legal and judicial officials,

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NGOs and INGOs, UN Bodies, Religious Heads, Media, Corporate and Heads of PRIs.

b. The State shall promote inter-departmental coordination within Government. c. The State shall facilitate partnership with NGOs, CBOs for mapping, planning

and monitoring of programmes such as educational services, identification of backward/extremely vulnerable groups/hard to reach areas, child labour areas and areas of civil unrest.

8.2 Coordination:

a. State level Monitoring Committee under the chairmanship of Chief Secretary Government of Maharashtra, consisting Additional Secretaries / Principal Secretaries / Secretaries of line department, representatives of State Commission for Protection of Child Rights, N.G.O.s, corporate academic institutions, experts as members. The Principal Additional Chief Secretary/ Secretary / Secretary of Department of Women and Child Development shall work as Member Secretary. The Committee shall ensure the implementation of policy.

b. The State will set up Committee under the Chairmanship of Hon. Minister, Women and Child Development, to review the implementation of the policy. Hon. Ministers of concerned Departments shall be the members and Additional Chief Secretary/Principal Secretary/Secretary of Department of Women and Child Development shall be the Member Secretary of this Committee.

c. The monitoring Committee shall meet in every six months to review the progress of implementation of the Policy and issue orders and direction to concerned Departments for future action.

d. The meeting of monitoring committee shall be held once in every three months to decide the future plan of action. The concerned department will submit progress report and future Plan of Action during the meeting. At the state and regional level, sub committees shall be created under the monitoring and review committee. The sub committee shall include, Divisional Commissioner as member. The Department of Women and Child Development shall act as nodal agency for implementation of the Policy. The Department shall coordinate with other Departments and stakeholders to achieve the goals as set in the policy.

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e. District level Coordination Committees shall also be set up for implementation and review of the programmes.

8.3 Advocacy:

a. The Policy shall be supported by focusing advocacy measures to ensure that children’s best interests and rights are accorded the highest priority in areas of policy, planning, resource allocation, governance, monitoring and evaluation, and children’s voices and views are heard in all matters and actions which impact their lives.

b. All stakeholders shall promote the use of rights-based and equity-focused strategies, platforms, programmes, media and tools to generate awareness on child rights and the commitment to their achievement.

c. Service delivery structures shall be participatory, responsive and child-sensitive in nature and same shall be ensured by the state, enhancing transparency and ensuring public accountability. Synergistic linkages will be created with other progressive and successful experiments to learn from best practices across regions.

d. The wide publicity through print and electronic media shall be given to the policy. Media shall provide adequate space on the screen regularly for writing on children.

e. Bal panchayats shall be formed at the state, district, taluka and gram panchayat levels to enhance the participation of children in the issues affecting their lives.

f. To introduce Acts, Rules, Regulations, policy related with child rights in the syllabus of primary, secondary and higher secondary schools and colleges, to educate students in this regard.

9. Research, Documentation and Capacity Building

a. Implementation of this Policy shall be supported by a comprehensive and reliable knowledge base on all aspects of the status and condition of children developed through child focused research and documentation -quantitative as well as qualitative.

b. Capacity building in technical competency covering aspects of programming, managing, working and caring for children at all levels in all sectors/ departments shall be ensured.

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c. A State level Research Centre for professional shall be set up having creative and broad approach. Mandate of centre shall be mainly child centred. Qualitative and quantitative methods shall be used to study topics related with child rights, health, education, participation, etc.

10. Resource Allocation

a. The State is committed to allocate the required financial, material and human resources, and their efficient and effective use, with accountability, to implement this Policy in transparent manner.

b. The state is committed monitor and asses the impact on outcome for children, regarding the allocation and incurring fund, budgeted for child related activities.

11. State Resource Centre on Child Policy

Resource Centre shall be a constituent of Department of Women and Child Development and M.S.C.P.C.R. shall work as nodal agency for the Centre. Following are the functions of the centre:

a. To collect and compile information related with children. b. To enlist stakeholders and to organise regular meetings with them for sharing

their participation for planning and reviewing of the policy. c. To provide all the information required to the implementers. d. To promote research on identified issues for approaching them for work in case

of children who are vulnerable. e. To make recommendations to the Government for effective implementation of

the policy regularly. f. To document good practices. g. To critically evaluate the Policy and make recommendations for further

improvement based on findings. h. To conduct a social audit of the implementation of this policy.

13. Child Development Fund

The State Government shall established “Child Development Fund”. The “Fund” shall be utilized on the priorities as set out in the Policy.

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14. Objective of Child Policy

1. Every child is important and an invaluable asset for the State 2. The State shall take appropriate, constructive and reformative measures to

remove inequality, discrimination, injustice occurring on children due to social status.

3. Every child has the right for love and care, protection, co operation, child rearing in a family or family like environment

4. State shall provide social security and facility to the families for care and rearing 5. The State of Maharashtra shall be bound to give guarantee for giving equal

opportunity for protection of children, for their contribution for all round development of the State with reference to children being imparted quality education, constructive outlook, idealism, skill and awareness about having social value so that the child grows up as a responsible person who can be able to contribute in the socio economic development and preservation of culture of the Society.

6. The policy shall act as a guideline for all programmes, schemes, regulations, rules, Acts.

7. All the activities carried on at local, district, region and State level shall be subject to the provisions of this policy.

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