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2018 | OriginalPaper | Buchkapitel

2. Working with Partners, Stakeholders and Systems

verfasst von : Asha Bajpai

Erschienen in: From Exploitation to Empowerment

Verlag: Springer Singapore

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Abstract

To provide justice to the children, a great amount of advocacy and interventions had to be taken up at various administrative, legal, and governance systems. A child rights-based, multi-stakeholder approach was used for this. The major working concepts used during the journey towards justice are also explained in the chapter. The domestic application of international instruments relating to disability in India is also considered. The Courts passed several directions for protecting the children and in their best interest. The Media played a very proactive and positive role. The role of Courts and Media has been described in detail.

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Vorheriges Kapitel The Beginnings—The Abuse and Exploitation

Nächstes Kapitel Working with Children: The Processes and the Model and Its Replication

UN General Assembly, Convention on the Rights of the Child, New York, November 20, 1989, United Nations, Treaty Series, vol. 1577, p. 3 http://www.refworld.org/docid/3ae6b38f0.html (accessed November 20, 2017). India ratified the CRC in 1992.

UN General Assembly, Convention on the Rights of Persons with Disabilities: Resolution Adopted by the General Assembly, A/RES/61/106 (January 24, 2007), http://www.refworld.org/docid/45f973632.html (accessed November 20, 2017).

Art. 2 (1) (b), 14 (1) and 16, Vienna Convention on the Law of Treaties, 1969.

‘The law of treaties is the body of rules which govern what is a treaty, how it is made and brought into force, amended, terminated, and generally operates’, available at http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1498 (accessed December 2, 2017).

According to Article 4, ‘States Parties must undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability’.

V. Della Fina, R. Cera, & G. Palmisano (Eds.). (2017). The United Nations Convention on the Rights of Persons with Disabilities. Springer.

Vishaka v State of Rajasthan (1997) 6 SCC 241. In this case, the Court was concerned with the protection to be afforded to working women from sexual harassment at the workplace so as to make their fundamental rights meaningful.

According to Article 51, ‘The State shall endeavour to (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and encourage settlement of international disputes by arbitration’.

According to Article 253, ‘Legislation for giving effect to international agreements. Notwithstanding anything in the foregoing provisions of this chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body’.

Article 73 states that ‘the executive power of the Union shall extend to matters with respect to which Parliament has power to make laws’.

Preamble, Rights of Persons with Disabilities Act 2016 (RPWD). The Rights of Persons with Disabilities Act, 2016, Gazette of India (Extra-Ordinary); December 28, 2016, available from http://www.disabilityaffairs.gov.in/uploaad/uploadfiles/files/RPWD/ACT/2016.pdf, available at http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/RPWD%20ACT%202016.pdf (accessed May 30, 2018).

Section 13, RPWD 2016 states that, ‘The appropriate Government shall ensure that the persons with disabilities have right, equally with others, to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit’.

In Re Articles in Mumbai Mirror 2017 SCC Online Bom 418, Para 27, available at http://bombayhighcourt.nic.in/.

Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act). The Act has not been replaced with the Juvenile Justice (Care and Protection of Children) Act, 2015.

Article 39, as a Directive Principle, states that ‘it shall be the duty of the state to ensure that the children are given opportunities and facilities to develop in a healthy manner, in conditions of freedom and dignity, and that childhood and youth are protected against exploitation and against moral and material abandonment’.

In 1992, India adopted the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region. As a signatory of this proclamation, India’s Ministry of Law, Justice and Company Affairs proposed an act to safe guard the rights of Persons with Disabilities (PWD). On January 1, 1996, the Government of India passed the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (PWD). In this act, disability is defined as blindness, low vision, leprosy-cured, hearing impairment, loco-motor disability, mental retardation, and mental illness. The Act calls for the forming of two central committees and two state committees came into force on February 7, 1996. The Act provides for both the preventive and promotional aspects of rehabilitation like education, employment and vocational training, reservation, research and manpower development, creation of barrier-free environment, rehabilitation of persons with disability, unemployment allowance for the disabled, special insurance scheme for the disabled employees, and establishment of homes for persons with severe disability. This Act was repealed by the Rights of Persons with Disabilities Act 2016. RPWD Act was notified on December 28, 2016, after receiving the presidential assent, See http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/PWD_Act.pdf (accessed May 30, 2018).

(2009) 5 Bom CR 227.

According to Article 2 of the CRPD, ‘reasonable accommodation’ means ‘necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms’.

(2014) 3 SCC 173.

Rehabilitation Council of India. (n.d.). Menatal Retardation. Retrieved December 30, 2017, from rehabcouncil.nic.in: http://www.rehabcouncil.nic.in/writereaddata/mr.pdf. (accesed on May 12, 2018).

Government of India. (2017). Disabled Persons in India, a Statistical Profile 2016. New Delhi: Social Statistics Division, Ministry of Statistics and Programme Implementation. Chapter 2 of the above document uses the definition of mental retardation as per the Census 2011, as below:

Lacks understanding/comprehension as compared to her/his own age group; or

Is unable to communicate her/his needs when compared to other persons of her/his age group; or
Has difficulty in doing daily activities; or
Has difficulty in understanding routine instructions; or
Has extreme difficulty in making decisions , remembering things or solving problems

L. Salvador-Carulla, C. Rodríguez-Blázquez, & M. Almudena (2008, December 2). Intellectual disability: An approach from the health sciences perspective. Retrieved January 17, 2018, from Semantic Scholar https://pdfs.semanticscholar.org/c245/f83db47068d7ef824a298479c552a3b1211b.pdf.

https://www.psychiatry.org/patients-families/intellectual-disability/what-is-intellectual-disability (accessed March 12, 2018). The American psychiatric association defines intellectual disability as below:

Intellectual disability involves problems with general mental abilities that affect functioning in two areas:

Intellectual functioning (such as learning, problem solving, judgment)

Adaptive functioning (activities of daily life such as communication and independent living ).

M. J. Tasse (2016, September). Defining Intellectual disability: Finally we all agree…Almost, defining and determining intellectual disability. Retrieved January 14, 2018, from American Psychological Association http://www.apa.org/pi/disability/resources/publications/newsletter/2016/09/intellectual-disability.aspx.

United Nations. (2007). Convention on the Rights of Persons with Disabiltities and Optional Protocol. Retrieved December 30, 2017, from un.org http://www.un.org/disabilities/documents/convention/convoptprot-e.pdf.

Harsh Mander, et al. (2014). India exclusion report 2013–14: A comprehensive, annually updated analysis on the exclusion of disadvantaged groups in India. Centre for Equity Studies, p. 4.

Ibid.

UNICEF. (2006). State of the world’s children 2006: Excluded and invisible. Shodhana Consultancy Private Limited.

M. S. Jeannotte (2008). Promoting social integration—A brief examination of concepts and issues. Experts Group Meeting. Helsinky: United Nations Department of Economic and Social Affairs, Division for Social Policy and Development.

United Nations. (n.d.). Transforming our world: The 2030 agendas for sustainable development. United Nations.

Save the Children Alliance. (2005). Child rights programming: How to apply rights-based approaches to programming, A handbook for international save the children alliance members. Lima, Peru: Save the Children Sweden.

Ibid.

http://www.tiss.edu/about-tiss/overview/ (accessed June 4, 2018).

Article In Mumbai Mirror-24/08/2010 Rescue Sham ….Petitioner v The State of Maharashtra ….Respondent. See http://bombayhighcourt.nic.in/ordqrywebcase_action.php.

Ibid.

PIL 182 of 2010, Mumbai High Court, available at http://www.bombayhighcourt.nic.in/ (accessed May 28, 2018).

The Juvenile Justice (Care and Protection of Children) Act, 2000, came into effect on December 30, 2000. It was enacted to consolidate and amend the law relating to juvenile in conflict with law and children in need of care and protection, by providing for proper care, protection, and treatment by catering to their development needs and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this law.

The Juvenile Justice Care and Protection of Children Act, 2015, replaced the Juvenile Justice (Care and Protection of Children) Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Act came into force from January 15, 2016.

The PWD (Equal Opportunities, Protection of Rights, and Full Participations) Act, 1995, was enacted to give an effect to the ‘Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region’. It came into force on February 7, 1996.

The Rights of Persons with Disabilities Act, 2016, came into force on April 19, 2017. The Rules were notified on June 15, 2017 (i.e., the date from which they came into force). The new Act replaces the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995. The 2016 Act implements India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, which was ratified in 2007.

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) is an Act of the Parliament of India enacted on August 4, 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21a of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the Act came into force on April 1, 2010.

The National Trust is a statutory body of the Ministry of Social Justice and Empowerment, Government of India, set up under the ‘National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities’ Act. The National Trust works toward providing opportunities for capacity development of Persons with Disability and their families, fulfilling their rights, facilitating, and promoting the creation of an enabling environment and an inclusive society.

An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote, and fulfill the rights of such persons during delivery of mental health care and services. It came into force on. The new law aims for social inclusion of persons with mental illness by emphasising that treatment and care is to be provided in a way that enables these persons to live with their families in their own community. It replaces the Mental Health Act of 1987. It came into force on July 2017.

UN Convention on Rights of Persons with Disabilities, Convention on the Rights of the Child, Convention on Elimination of All forms of Discrimination against Women.

Article in Mumbai Mirror Dated 24.08.2010 v The State of Maharashtra, PIL no. 182 of 2010 (Bom. HC), para 60 (Order dated April 7, 2017).

‘Orphanage hell’. Mumbai Mirror, August 23, 2010. http://www.mumbaimirror.com/mumbai/others/Orphanage-hell/articleshow/16046119.cms (accessed March 9, 2018).

‘Authorities knew, but let the children die’. Mumbai Mirror, August 24, 2010. http://www.mumbaimirror.com/mumbai/others/Authorities-knew-but-let-the-children-die/articleshow/16046400.cms (accessed March 9, 2018).*

‘Orphanage hell’. Mumbai Mirror, August 23, 2010. http://www.mumbaimirror.com/mumbai/others/Orphanage-hell/articleshow/16046119.cms (accessed March 9, 2018).

‘Did Satkarm fudge papers for official status?’ Mumbai Mirror, August 25, 2010. http://www.mumbaimirror.com/mumbai/others/Did-Satkarm-fudge-papers-for-official-status/articleshow/16046680.cms (accessed March 9, 2018).

‘Kids moved; temporary measure, say authorities’. Mumbai Mirror, August 24, 2010. https://mumbaimirror.indiatimes.com/mumbai/others/Kids-moved-temporary-measure-say-authorities/articleshow/16046413.cms (accessed March 9, 2018).

‘Here we get food, soap, and rachis, say rescued children’. Mumbai Mirror, August 25, 2010. http://www.mumbaimirror.com/mumbai/others/Here-we-get-food-soap-and-rakhis-say-rescued-children/articleshow/16046683.cms (accessed March 9, 2018).

‘One of the five starving girls was raped too’. Mumbai Mirror, September 4, 2010. https://mumbaimirror.indiatimes.com/mumbai/cover-story/One-of-the-five-starving-girls-was-raped-too/articleshow/16049731.cms (accessed March 9, 2018).

‘HC steps into help starved, abused kids’. Mumbai Mirror, September 8, 2010. http://www.mumbaimirror.com/mumbai/cover-story/HC-steps-in-to-help-starved-abused-kids/articleshow/16051021.cms (accessed March 9, 2018).

Mumbai Mirror v The state of Maharashtra. PIL no. 182 of 2010 (Bom. HC).

Ibid. (Order dated September 16, 2010), para 1.

Ibid., para 5.

‘Rescued orphans missing from govt shelter’. Mumbai Mirror, September 16, 2010. www.mumbaimirror.com/mumbai/others/Rescued-orphanage-boy-missing-from-govt-shelter/articleshow/16053422.cms (accessed March 9, 2018).

‘Trace missing orphans in two weeks: HC’. Mumbai Mirror, September 17, 2010. https://mumbaimirror.indiatimes.com/mumbai/others/Trace-missing-orphan-in-two-weeks-HC/articleshow/16053733.cms (accessed March 9, 2018).

‘Alert relief worker finds missing orphanage boy’. Mumbai Mirror, September 18, 2010. https://mumbaimirror.indiatimes.com/mumbai/other/Alert-relief-worker-finds-missing-orphanage-boy/articleshow/16054047.cms (accessed March 9, 2018).

‘One year later orphanage boy reunited with parents’. Mumbai Mirror, https://mumbaimirror.indiatimes.com/mumbai/others/One-year-later-orphanage-boy-reunited-with-parents/articleshow/16059863.cms (accessed March 9, 2018).

‘Goregaon teacher helps trace family of boy from orphanage’. Mumbai Mirror, October 20, 2010. https://mumbaimirror.indiatimes.com/mumbai/others/Goregaon-teacher-helps-trace-family-of-boy-from-orphanage/articleshow/16064476.cms (accessed March 9, 2018).

‘Beggars out, officials next?’ Mumbai Mirror, October 21, 2010. https://mumbaimirror.indiatimes.com/columns/letters-to-the-editor/Beggars-out-officials-next/articleshow/16065035.cms (accessed March 9, 2018).

‘From the Kavdas orphans, Happy News Year!’ Mumbai Mirror, January 2, 2011. https://mumbaimirror.indiatimes.com/mumbai/cover-story/From-the-kavdas-orphans-happy-news-year/articleshow/16088954.cms (accessed March 9, 2018).

Anahita Mukherji, ‘Med reports indicate rape of mentally challenged girls’. Mumbai Mirror, March 5, 2011. https://timesofindia.indiatimes.com/city/mumbai/Med-reports-indicate-rape-of-mentally-challenged-girls/articleshow/7630869.cms (accessed March 9, 2018).

‘Despite signs of abuse, doctors didn’t report Panvel girls’ plight’. Mumbai Mirror, March 9, 2011. http://www.mumbaimirror.com/mumbai/others/Despite-signs-of-abuse-doctors-didnt-report-Panvel-girls-plight/articleshow/16108366.cms (accessed March 9, 2018).

‘HC pulls up state over rape of Panvel orphans’. Mumbai Mirror, March 11, 2011. https://mumbaimirror.indiatimes.com/mumbai/others/HC-pulls-up-State-over-rape-of-Panvel-orphans/articleshow/16108889.cms (accessed March 9, 2018).

Mumbai Mirror v the State of Maharashtra. PIL no. 182 of 2010 (Bom. HC) (Order dated March 12, 2011).

http://www.hindustantimes.com/india-news/mumbai/hc-orders-check-ups-of-mentally-challenged-kids-in-orphanages/article1-672432.aspx [Link not found].

‘Ten things cops have ignored in Kavdas case charge sheet’. Mumbai Mirror, April 27, 2011. https://mumbaimirror.indiatimes.com/mumbai/others/Ten-things-cops-have-ignored-in-Kavdas-case-charge-sheet/articleshow/16121683.cms (accessed March 9, 2018).

‘Kavdas case reveals how cops bungled case’. Mumbai Mirror, July 5, 2011. https://mumbaimirror.indiatimes.com/mumbai/others/Kavdas-report-reveals-how-cops-bungled-case/articleshow/16142762.cms (accessed March 9, 2018).

Anahita Mukherji, ‘Many loopholes in Kavdas orphanage case’. Mumbai Mirror, April 27, 2011. http://timesofindia.indiatimes.com/city/mumbai/Many-loopholes-in-Kavdas-orphanage-case-charge-sheet/articleshow/8094462.cms.

‘Minor rescued from Panvel tries to kill self’. Mumbai Mirror, May 12, 2011. https://mumbaimirror.indiatimes.com/mumbai/others/Minor-rescued-from-Panvel-orphanage-tries-to-kill-self/articleshow/16126436.cms (accessed March 9, 2018).

Anahita Mukherji, ‘Neglect and torture at “abode of love”’. Times of India, May 25, 2011. https://timesofindia.indiatimes.com/city/mumbai/Neglect-and-torture-at-abode-of-love/articleshow/8561353.cms (accessed March 9, 2018).

Anahita Mukherji, ‘House of horrors: Shelter home fudged accounts, audits show institution spent on eggs, mutton, but kids were starving’. Times of India, May 27, 2011. http://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityToPrint_TOINEW&Type=text/html&Locale=english-skin-custom&Path=TOIM/2011/05/27&ID=Ar01200 (accessed March 9, 2018).

‘Epileptic kids made to travel in rickety jeep for 10 hours’. Mumbai Mirror, July 18, 2011. https://mumbaimirror.indiatimes.com/mumbai/other/Epileptic-kids-made-to-travel-in-rickety-jeep-for-10-hours/articleshow/16146761.cms (accessed March 9, 2018).

Mumbai Mirror v the State of Maharashtra. PIL no. 182 of 2010 (Bom. HC) (Order dated July 29, 2011), para 5.

‘Kids rescued from KavdasPanvel get rehab hope, thanks to TISS’. Mumbai Mirror, February 9, 2012. https://mumbaimirror.indiatimes.com/mumbai/cover-story/Kids-rescued-from-Kavdas-Panvel-get-rehab-hope-thanks-to-TISS/articleshow/16204506.cms (accessed March 9, 2018).

‘Thugs try to threaten KavdasPanvel home kids before deposition’. Mumbai Mirror, October 27, 2012. https://mumbaimirror.indiatimes.com/mumbai/others/Thugs-try-to-threaten-Kavdas-Panvel-home-kids-before-deposition/articleshow/17855342.cms (accessed March 9, 2018).

Mihika Basu, ‘31 mentally challenged kids set to join education mainstream’. Indian Express, May 16, 2013. http://archive.indianexpress.com/news/31-mentally-challenged-kids-set-to-join-education-mainstream/1116285/ (accessed March 9, 2018).

Yogesh Sadhwani, ‘25 rescued children fit for school, but shelter still hell holes’. Times of India, July 19, 2013. http://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityToPrint_MIRRORNEW&Type=text/html&Locale=english-skin-custom&Path=MMIR/2013/07/09&ID=Ar00300 (accessed March 9, 2018).

‘Abused minors to get compensation under government scheme’. Mumbai Mirror, October 29, 2013. https://mumbaimirror.indiatimes.com/mumbai/others/Abused-minors-to-get-compensation-under-government-scheme/articleshow/24835556.cms (accessed March 9, 2018).

‘No relief for male victims of sexual abuse’. Indian Express, February 24, 2014. http://indianexpress.com/article/cities/mumbai/no-relief-for-male-victims-of-sexual-abuse-at-shelter-homes/ (accessed March 9, 2018).

Yogesh Sadhwani, ‘Kavdas shelter victim now ‘raped’ at school’. Mumbai Mirror, March 23, 2011. https://mumbaimirror.indiatimes.com/mumbai/crime/2-Kavdas-shelter-victims-now-raped-at-school/articleshow/32508998.cms (accessed March 9, 2018).

Little Yadav, ‘Trombay school peon rapes mentally unstable girl, help’. DNA, March 23, 2014. http://dnasyndication.com/dna/dna_english_news_and_features/Trombay-school-peon-rapes-mentally-unstable-girl-held/DNMUM301355 (accessed March 9, 2018).

V. Narayan, ‘Peon at shelter home may have abused more inmates’. Times of India, March 24, 2014. https://timesofindia.indiatimes.com/city/mumbai/Peon-at-shelter-home-may-have-abused-more-inmates/articleshow/32579043.cms (accessed March 9, 2018).

Aamir Khan, ‘Educate special kids till they turn 18, High Court tells schools under Sarva Shiksha Abhiyan’. Indian Express, September 19, 2014. http://indianexpress.com/article/cities/mumbai/educate-special-kids-till-they-turn-18-high-court-tells-schools-under-sarva-shiksha-abhiyan/ (accessed March 9, 2018).

Kranti Vibhute, ‘Now, all spl students can avail of concessions’. High Beam, January 9, 2016. https://www.highbeam.com/doc/1P3-3915207711.html (accessed March 9, 2018).

Sunil Baghel, ‘Boy rescued from home for mentally deficient tops class full of regular kids’. Mumbai Mirror, October 31, 2014. https://mumbaimirror.indiatimes.com/mumbai/crime/Boy-rescued-from-home-for-mentally-deficient-tops-class-full-of-regular-kids/articleshow/44988205.cms (accessed March 9, 2018).

Sunil Baghel, ‘Special seven shine after a life of abuse’. Mumbai Mirror, June 4, 2016. https://mumbaimirror.indiatimes.com/mumbai/cover-story/special-seven-shine-after-a-life-of-abuse/articleshow/52580588.cms (accessed March 9, 2018).

‘Six years on, TISS felicitates kids rescued from two homes’. Indian Express, August 6, 2016. http://indianexpress.com/article/education/six-years-on-tiss-felicitates-kids-rescued-from-two-homes-2956569/ (accessed March 9, 2018).

Rahi Gaikwad, ‘Special kids who just want an ordinary school life’. The Hindu, August 6, 2016. http://www.thehindu.com/news/cities/mumbai/Special-kids-who-just-want-an-ordinary-school-life/article14555045.ece (accessed March 9, 2018).

‘Abandoned kids with learning disabilities have just one sanctuary in Mumbai’. The Hindu, January 7, 2016. http://www.thehindu.com/news/cities/mumbai/news/Abandoned-kids-with-learning-disabilities-have-just-one-sanctuary-in-Mumbai/article13985244.ece (accessed March 9, 2018).

Sunil Baghel, ‘No kidding over kids’ safety’. Mumbai Mirror, April 8, 2017. https://mumbaimirror.indiatimes.com/mumbai/cover-story/no-kidding-over-kids-safety-hc/articleshow/58074653.cms (accessed March 9, 2018).

Mumbai Mirror v the State of Maharashtra. PIL no. 182 of 2010 (Bom. HC) (Order date April 7, 2017).

Sunil Baghel, ‘Mumbai: Three mentally challenged women from project chunauti secure jobs in hospitality Sector’, May 14, 2018. https://mumbaimirror.indiatimes.com/mumbai/cover-story/no-looking-back-now/articleshow/64152007.cms (accessed May 30, 2019).

Titel: Working with Partners, Stakeholders and Systems
verfasst von: Asha Bajpai
Verlag: Springer Singapore
Buch: From Exploitation to Empowerment
Print ISBN: 978-981-13-1717-0

Electronic ISBN: 978-981-13-1718-7

Copyright-Jahr: 2018
DOI: https://doi.org/10.1007/978-981-13-1718-7_2

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