Distr.

GENERAL

CRC/C/15/Add.115
23 February 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child: INDIA : India.
23/02/2000.

CRC/C/15/Add.115.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-third session

CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations of the Committee on the Rights of the Child:
India

1. At its 589th to 591st meetings (see CRC/C/SR.589-591),
held on 11 and 12 January 2000, the Committee on the Rights of the Child
considered the initial report of India (CRC/C/28/Add.10), which was submitted
on 19 March 1997, and adopted at the 615th meeting, held on 28 January 2000,
the following concluding observations.

A. Introduction

2. The Committee expresses its appreciation of the report, which followed
the Committee's guidelines. The Committee notes the detailed and informative
written answers to the list of issues (CRC/C/Q/IND.1). The Committee regrets
that time constraints did not allow the State party's delegation to answer all
of the questions posed. Nevertheless, the Committee appreciated the open
nature of the dialogue that took place. The Committee appreciates the
additional written answers provided by the State party.

B. Positive aspects

3. The Committee is encouraged by the existence of a broad range of
constitutional and legislative provisions, and institutions (e.g. the National
Human Rights Commission, the National Commission for Women, and the Scheduled
Castes and Scheduled Tribes Commission) for the protection of human rights and
children's rights. Moreover, the Committee welcomes the frequent references to
provisions of international human rights instruments by the courts, in
particular the Supreme Court.

4. The Committee welcomes the growing involvement of NGOs and other
grass-roots organizations in activities to enhance the protection of human
rights, including through "public-interest litigation".

5. The Committee welcomes the establishment of the Department of Education
and Literacy, and notes the expressed commitment of the State party to
achieving universal, free and compulsory primary education.

6. The Committee notes the State party's efforts and cooperation with
international bodies and agencies and non-governmental organizations to
address child health and labour issues in India.

C. Factors and difficulties impeding the implementation of the
Convention

7. Taking into account the fact that the number of children in India
represents an enormous proportion of the world's child population, the
Committee notes that the task facing India in meeting the needs of all
children under its jurisdiction presents enormous challenges, not least in the
economic and social fields. The Committee also notes that the high rate of
population growth makes it difficult to sustain the necessary resources.

8. The Committee notes that extreme poverty, which affects a significant
part of India's population, the impact of structural adjustment, and natural
disasters are factors which represent serious difficulties in the fulfilment
of all of the State party's obligations under the Convention.

9. Given such a diverse and multicultural society, the Committee further
notes that the existence of traditional customs (i.e. the caste system), and
societal attitudes (e.g. towards tribal groups) is an obstacle to efforts to
combat discrimination, and compounds, inter alia, poverty, illiteracy,
child labour, child sexual exploitation, and children living and/or working on
the streets.

D. Principal subjects of concern and Committee
recommendations

D.1. General measures of implementation

Legislation

10. In the light of article 4 of the Convention, the Committee notes the
unclear status of the Convention in the domestic legal framework and is
concerned about the insufficient steps taken to bring existing federal, state
and personal status laws into full conformity with the Convention.

11. The Committee recommends that the State party pursue efforts to
ensure full compatibility of its legislation with the Convention, taking due
account of the general principles of the Convention. In this regard, the
Committee encourages the State party to consider adopting a code for
children.

12. The Committee notes that insufficient efforts have been made to
implement legislation and decisions of the courts and the commissions (i.e.
the National Human Rights Commission, the National Commission for Women, and
the Scheduled Castes and Scheduled Tribes Commission); and to facilitate the
work of such institutions with respect to children's rights.

13. The Committee recommends that the State party take all necessary
measures, including the allocation of the required resources (i.e. human and
financial) to ensure and strengthen the effective implementation of existing
legislation. The Committee further recommends the State party to provide
adequate resources and to take all other necessary steps to strengthen the
capacity and effectiveness of national human rights institutions, including
the National Human Rights Commission, the National Commission for Women, and
the Scheduled Castes and Scheduled Tribes Commission.

Coordination

14. Noting the complexities arising from the federal structure of
government with regard to the delineation of responsibilities between federal
and state levels, the Committee is concerned that insufficient administrative
coordination and cooperation appears to be a serious problem in the
implementation of the Convention.

15. The Committee recommends that the State party adopt a comprehensive
national plan of action, based on a child rights approach, to implement the
Convention. The Committee recommends that attention be given to intersectoral
coordination and cooperation at and between central, state and municipal
levels of government. The State party is encouraged to provide support to
local authorities, including capacity-building, for implementation of the
Convention.

Independent/monitoring structures

16. The Committee is concerned at the absence of an effective mechanism to
collect and analyse disaggregated data of all persons under 18 years for all
areas covered by the Convention, including the most vulnerable groups (i.e.
children living in slums, belonging to different castes and tribal groups,
living in rural areas, children with disabilities, children who are living
and/or working on the streets, children affected by armed conflicts and
refugee children).

17. It recommends that the State party develop a comprehensive system
for collecting disaggregated data as a basis to assess progress achieved in
the realization of children's rights and to help design policies to be adopted
to implement the Convention.

18. The Committee welcomes the State party's intention to establish a
national commission for children.

19. The Committee encourages the State party to establish a statutory,
independent national commission for children with the mandate of,
inter alia, regularly monitoring and evaluating progress
in the implementation of the Convention at the federal, state and local
levels. Further, such a commission should be empowered to receive and address
complaints of violations of child rights, including with respect to the
security forces.

Allocation of budgetary resources (art. 4)

20. The Committee welcomes the commitment of the State party to increase
budgetary allocation for education from 4 to 6 per cent of the national
budget. However, the Committee is concerned that insufficient attention has
been paid to article 4 of the Convention regarding the implementation to the
"maximum extent of ... available resources" of the economic, social and
cultural rights of children.

21. The Committee recommends that the State party develop ways to
establish a systematic assessment of the impact of budgetary allocations on
the implementation of child rights and to collect and disseminate information
in this regard. The Committee also recommends that the State party ensure the
appropriate distribution of resources at the central, state and local levels,
and where needed, within the framework of international cooperation.

Cooperation with NGOs

22. The Committee notes that cooperation with non-governmental
organizations in the implementation of the Convention, including preparation
of the report, remains limited.

23. The Committee encourages the State party to consider a systematic
approach to involve NGOs and civil society in general throughout all stages of
the implementation of the Convention, including policy-making.

Training/dissemination of the Convention (art. 42)

24. In the light of article 42, the Committee notes the low level of
awareness of the Convention amongst the general public, including children,
and professionals working with children. The Committee is concerned that the
State party is not undertaking adequate dissemination and awareness-raising
activities in a systematic and targeted manner.

25. In this regard, the Committee recommends that the State party
develop an ongoing programme for the dissemination of information regarding
the implementation of the Convention among children and parents, civil society
and all sectors and levels of government. The Committee encourages the State
party to pursue efforts to promote children's rights education in the country,
including initiatives to reach those vulnerable groups who are illiterate or
without formal education. Moreover, the Committee recommends that the State
party develop systematic and ongoing training programmes on the provisions of
the Convention for all professional groups working with children (i.e. judges,
lawyers, law enforcement officials, civil servants, local government
officials, personnel working in institutions and places of detention for
children, teachers, health personnel, including psychologists, and social
workers). The Committee encourages the State party to seek assistance from,
inter alia, UNICEF, in this regard.

D.2. Definition of the child

26. In the light of article 1, the Committee is concerned that the various
age limits set by the law are not in accordance with the general principles
and other provisions of the Convention. Of particular concern to the Committee
is the very low age of criminal responsibility under the Penal Code, which is
set at seven years; and the possibility of trying boys between 16 and 18 years
as adults. The Committee is concerned that there is no minimum age for sexual
consent for boys. The Committee is further concerned that minimum-age
standards are poorly enforced (e.g. the 1929 Child Marriages Restraint Act).

27. The Committee recommends that the State party review its legislation
with a view to ensuring that age limits conform to the principles and
provisions of the Convention, and that it take greater efforts to enforce
those minimum-age requirements.

D.3. General principles

The right to non-discrimination (art. 2)

28. In the light of article 2 of the Convention, the Committee is deeply
concerned at the widely disparate levels of enjoyment of the rights in the
Convention by children living in different states, living in rural areas,
living in slums and belonging to different castes, tribal and indigenous
groups.

29. The Committee recommends that concerted efforts at all levels be
taken to address social inequalities through a review and reorientation of
policies, including increased budgetary provision for programmes targeting the
most vulnerable groups.

30. In the light of article 2 of the Convention, the Committee is concerned
at the existence of caste-based discrimination and discrimination against
tribal groups, despite these practices being prohibited under the law.

31. In accordance with article 17 of the Constitution and article 2 of
the Convention, the Committee recommends that the State party take steps to
ensure states abolish the discriminatory practice of "untouchability", prevent
caste- and tribe-motivated abuse, and prosecute State and private actors who
are responsible for such practices or abuses. Moreover, in compliance with
article 46 of the Constitution, the State party is encouraged to implement,
inter alia, affirmative measures to advance and protect
these groups. The Committee recommends the full implementation of the 1989
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the 1995
Scheduled Castes and Scheduled Tribes Rules (Prevention of Atrocities) and the
1993 Employment of Manual Scavengers Act. The Committee encourages the State
party to continue its efforts to carry out comprehensive public education
campaigns to prevent and combat caste-based discrimination. In line with the
Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.13), the
Committee stresses the importance of the equal enjoyment by members of these
groups of the rights in the Convention, including access to health care,
education, work, and public places and services, such as wells.

32. The Committee notes the persistence of discriminatory social attitudes
and harmful traditional practices towards girls, including female infanticide,
selective abortions, low school enrolment and high drop-out rates, early and
forced marriages, and religion-based personal status laws which perpetuate
gender inequality in areas such as marriage, divorce, custody and guardianship
of infants, and inheritance.

33. In accordance with article 2 of the Convention, the Committee
encourages the State party to ensure the enforcement of protective laws. The
Committee encourages the State party to continue its efforts to carry out
comprehensive public education campaigns to prevent and combat gender
discrimination, particularly within the family. To assist in these efforts,
political, religious and community leaders should be mobilized to support
efforts to eradicate traditional practices and attitudes which discriminate
against girls.

Respect for the views of the child (art. 12)

34. In the light of article 12, the Committee notes that the views of the
child are accorded insufficient importance, especially within the family, the
school, care institutions, the courts and the juvenile justice system.

35. The Committee encourages the State party to promote and facilitate
within the family, the school, care institutions, the courts and the juvenile
justice system respect for the views of children and their participation in
all matters affecting them, in accordance with article 12 of the Convention.
In this regard, the Committee recommends that the State party develop
skills-training programmes in community settings for teachers, social workers
and local officials in assisting children to make and express their informed
decisions and to have their views taken into consideration.

D.4. Civil rights and freedoms

Name and nationality (art. 7)

36. Given that lack of timely birth registration can have negative
consequences on the full enjoyment of fundamental rights and freedoms by
children, the Committee is concerned, in the light of article 7 of the
Convention, that the births of a very significant number of children in India
are not registered.

37. The Committee recommends that the State party make greater efforts
to ensure the timely registration of all births, in accordance with article 7
of the Convention, and take training and awareness-raising measures as regards
registration in rural areas. The Committee encourages steps such as the
establishment of mobile registration offices, and registration units in
schools and health facilities.

Right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment (art. 37 (a))

38. With respect to article 37 (a) of the Convention, the Committee is
concerned by numerous reports of routine ill-treatment, corporal punishment,
torture and sexual abuse of children in detention facilities, and alleged
instances of killings of children living and/or working on the streets by law
enforcement officials.

39. The Committee recommends that the registration of each child taken
to a police station be mandatory, including time, date and reason for
detention, and that such detention be subject to frequent mandatory review by
a magistrate. The Committee encourages the State party to amend sections 53
and 54 of the Code of Criminal Procedure so that medical examination,
including age verification, is mandatory at the time of detention and at
regular intervals.

40. The Committee recommends that the State party implement the
recommendations made by the National Police Commission in 1980 and the
Parliamentary Committee in 1996, which, inter alia, call
for a mandatory judicial inquiry in cases of alleged rape, death or injury of
persons in police custody; the establishment of investigative bodies; and
payment of compensation to people who have been victims of custodial abuse.
Amendment to the Juvenile Justice Act is recommended to provide for complaints
and prosecution mechanisms for cases of custodial abuse of children. In
addition, the Committee recommends the amendment of section 197 of the Code of
Criminal Procedure, which requires government approval for prosecution of law
enforcement officials when complaints of custodial abuse or illegal detention
are alleged; and section 43 of the Police Act, so that police cannot claim
immunity for actions while executing a warrant in cases of illegal detention
or custodial abuse.

41. The Committee encourages the State party to ratify the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
which it signed in 1997.

D.5. Family environment and alternative
care

Adoption (art. 21)

42. In the light of articles 21 and 25 of the Convention, the Committee is
concerned at the absence of uniform adoption law in India and effective
measures to monitor and follow up placement within the State party and abroad.

43. The Committee recommends the State party to review the legislative
framework of domestic and intercountry adoption. The Committee recommends that
the State party become a party to the 1993 Hague Convention on Protection of
Children and Cooperation in Respect of Intercountry Adoption.

Violence/abuse/neglect/maltreatment (art. 19)

44. In the light of articles 19 and 39 of the Convention, the Committee is
concerned at the widespread ill-treatment of children in India, not only in
schools and care institutions but also within the family.

45. The Committee recommends that the State party take legislative
measures to prohibit all forms of physical and mental violence, including
corporal punishment and sexual abuse of children in the family, schools and
care institutions. The Committee recommends that these measures be accompanied
by public education campaigns about the negative consequences of ill-treatment
of children. The Committee recommends that the State party promote positive,
non-violent forms of discipline as an alternative to corporal punishment,
especially in the home and schools. Programmes for the rehabilitation and
reintegration of abused children need to be strengthened, and adequate
procedures and mechanisms established to receive complaints, monitor,
investigate and prosecute instances of ill-treatment.

D.6. Basic health and welfare

Children with disabilities (art. 23)

46. Noting the 1995 Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, the Committee nonetheless is
concerned at the very poor level of and access to care for children with
disabilities, especially those living in rural areas; and the lack of
assistance provided to persons responsible for their care. In the light of
article 23 of the Convention, the Committee emphasizes the need to ensure the
implementation of policies and programmes to guarantee the rights of mentally
and physically disabled children and to facilitate their full inclusion in
society.

47. In the light of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (General Assembly resolution
48/96) and of the Committee's recommendations adopted on its Day of General
Discussion on Children with Disabilities (CRC/C/69), the Committee recommends
that the State party increase the capacity of institutions for the
rehabilitation of children with disabilities and improve access to services
for such children living in rural areas. Awareness campaigns which focus on
prevention, inclusive education, family care and the promotion of the rights
of children with disabilities need to be undertaken. Adequate training should
also be made available to persons working with these children. The Committee
encourages the State party to undertake greater efforts to make available the
necessary resources and to seek assistance from, inter
alia, UNICEF, WHO and relevant NGOs.

Right to health and health services (art. 24)

48. In the light of article 24 of the Convention, the Committee notes that
the State party has already focused and placed priority on the main health
issues by establishing several national programmes. Nevertheless, the
Committee is concerned at high maternal mortality, and very high levels of low
birth weight and malnutrition among children, including micronutrient
deficiencies, linked to the lack of access to prenatal care and, more
generally, limited access to quality public health care facilities,
insufficient numbers of qualified health workers, poor health education,
inadequate access to safe drinking water and poor environmental sanitation.
This situation is exacerbated by the extreme disparities faced by women and
girls, especially in rural areas.

49. The Committee recommends that the State party take all necessary
steps to adapt, expand and implement the Integrated Management of Child
Illness strategy, and to pay particular attention to the most vulnerable
groups of the population. The Committee also recommends that the State party
undertake studies to determine the socio-cultural factors which lead to
practices such as female infanticide and selective abortions, and to develop
strategies to address them. The Committee recommends continued allocation of
resources to the poorest sections of society and continued cooperation with
and technical assistance from, inter alia, WHO, UNICEF,
the World Food Programme and civil society.

50. The Committee is concerned that the health of adolescents, particularly
girls, is neglected, given, for instance, a very high percentage of early
marriages, which can have a negative impact on their health. Adolescent
suicides, especially among girls, and HIV/AIDS affected children are serious
concerns for the Committee.

51. The Committee recommends that the State party strengthen the
existing National Reproductive and Child Health programme, targeting the most
vulnerable groups of the population. The Committee recommends that the State
party combat discrimination against HIV/AIDS affected persons by strengthening
awareness-raising and sensitization programmes for the public, and
particularly health professionals. The Committee recommends continued
allocation of resources to the poorest sections of society and continued
cooperation with and technical assistance from, inter
alia, WHO, UNICEF, UNAIDS and civil society.

Right to an adequate standard of living (art. 27)

52. The Committee is concerned at the high percentage of children living in
inadequate housing, including slums, and their inadequate nutrition and access
to safe drinking water and sanitation. The Committee is concerned at the
negative impact on families and the rights of children of structural
adjustment projects.

53. In accordance with article 27 of the Convention, the Committee
recommends that the State party take appropriate measures to give effect to
its commitments made at Habitat II in 1996 regarding children's access to
housing. In the light of Commission on Human Rights resolution 1993/77 on
forced evictions, the Committee encourages the State party to prevent any
occurrence of forced relocation, displacement and other types of involuntary
population movements. The Committee recommends that resettlement procedures
and programmes include registration, facilitate comprehensive family
rehabilitation and ensure access to basic services.

54. The Committee is concerned at the large and increasing number of
children living and/or working on the streets, who are among the most
marginalized groups of children in India.

55. The Committee recommends that the State party establish mechanisms
to ensure these children are provided with identity documents, nutrition,
clothing and housing. Moreover, the State party should ensure these children
have access to health care; rehabilitation services for physical, sexual and
substance abuse; services for reconciliation with families; education,
including vocational and life-skills training; and access to legal aid. The
Committee recommends that the State party cooperate and coordinate its efforts
with civil society in this regard.

D.7. Education, leisure and cultural
activities

Right and aims of education (arts. 28 and 29)

56. Welcoming the 83rd Constitutional Amendment Bill concerning the
fundamental right to education, the Committee, however, expresses its concern
at the prevailing poor situation in the State party with respect to education,
which is characterized by a general lack of infrastructure, facilities and
equipment, insufficient numbers of qualified teachers and a drastic shortage
of text books and other relevant learning materials. There is serious concern
regarding the striking disparities in terms of access to education, attendance
at primary and secondary levels and drop-out rates between: different states,
rural and urban areas, boys and girls, the affluent and poor, and children
belonging to scheduled castes and tribes. The Committee emphasizes the
importance of focusing attention on improving the provision and quality of
education, especially in view of its potential benefit for addressing various
concerns, including the situation of girls and reducing the incidence of child
labour.

57. The Committee encourages the State party to enact the 83rd
Constitutional Amendment Bill. In line with the 1993 and 1996 Supreme Court
decisions (Unni Krishnan; and M.C. Mehta vs.
State of Tamil Nadu and Others, respectively), the Committee
recommends that the State party implement measures designed to comply with
article 45 of the Constitution, which mandates free and compulsory education
for all children up to 14.

58. The Committee recommends that the State party undertake studies on,
and develop measures to address, the prevailing disparities in access to
education; to improve the quality of teacher training programmes and the
school environment; to ensure that the quality of non-formal education schemes
is monitored and guaranteed and that working and other children who
participate in such schemes are integrated into mainstream education. The
Committee recommends that the State party ensure and facilitate opportunities
for the most vulnerable groups of children to proceed to secondary education.

59. The Committee recommends that the State party take due regard of the
aims of education laid down in article 29 of the Convention, including
tolerance and equality between the sexes and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous groups. The
Committee recommends that the State party consider introducing human rights
issues, including the Convention, into the school curricula.

60. The Committee encourages the State party to make available the
necessary resources and to seek assistance from inter
alia UNICEF, UNESCO and relevant NGOs.

D.8. Special measures of protection

Unaccompanied, asylum-seeking and refugee children (art. 22)

61. Welcoming administrative policies which have generally been in line
with international refugee law principles, the Committee is concerned that in
the absence of legislation there remains no guarantee that children
asylum-seekers and refugees will be ensured the protection and assistance
provided by the Convention. The Committee is concerned that there exists the
potential for children born of refugee parents to become stateless; that there
is no adequate legal mechanism to deal with family reunification; and that
although refugee children attend school on a de facto basis, there is no
legislation which entitles these children to education.

62. The Committee recommends that the State party adopt comprehensive
legislation to ensure adequate protection of refugee and asylum-seeking
children, including in the field of physical safety, health, education and
social welfare, and to facilitate family reunification. In order to promote
the protection of refugee children, the Committee encourages the State party
to consider ratifying the 1951 Convention relating to the Status of Refugees,
and its 1967 Protocol; the 1954 Convention relating to the Status of Stateless
Persons; and the 1961 Convention on the Reduction of Statelessness.

Children and armed conflict, and their recovery (arts. 38 and 39)

63. The Committee is concerned that the situation in areas of conflict,
particularly Jammu and Kashmir and the north-eastern states, have seriously
affected children, especially their right to life, survival and development
(art. 6 of the Convention). In the light of articles 38 and 39, the Committee
expresses its very serious concern at reports of children who are involved in
and are victims of these conflicts. Moreover, it is concerned at reports of
involvement of the security forces in disappearances of children in these
conflict areas.

64. The Committee recommends that the State party at all times ensure
respect for human rights and humanitarian law aimed at the protection and care
of children in armed conflict. The Committee calls upon the State party to
ensure impartial and thorough investigations in cases of rights violations
committed against children and the prompt prosecution of those responsible,
and that it provide just and adequate reparation to the victims. The Committee
recommends that clause 19 of the Protection of Human Rights Act be repealed to
allow inquiries into alleged abuses committed by members of the security
forces to be conducted by the National Commission on Human Rights. In line
with the recommendations of the Human Rights Committee (CCPR/C/79/Add.81), the
Committee recommends that the requirement of governmental permission for
criminal prosecutions or civil proceedings against members of the security
forces be abolished.

Economic exploitation (art. 32)

65. The Committee notes that India was the first country to sign a
Memorandum of Understanding with the ILO in 1992 to implement the ILO-IPEC
programme. The Committee further notes the amendments to schedules A and B of
the 1986 Child Labour (Prohibition and Regulation) Act. Nevertheless, the
Committee remains concerned at the large numbers of children involved in child
labour, including bonded labour, especially in the informal sector, household
enterprises, as domestic servants, and in agriculture, many of whom are
working in hazardous conditions. The Committee is concerned that minimum age
standards for employment are rarely enforced and appropriate penalties and
sanctions are not imposed to ensure that employers comply with the law.

66. The Committee encourages the State party to withdraw its declaration
with respect to article 32 of the Convention, as it is unnecessary in the
light of the efforts the State party is making to address child labour. The
Committee recommends that the State party ensure the full implementation of
the 1986 Child Labour (Prohibition and Regulation) Act, the 1976 Bonded Labour
(System Abolition) Act and the 1993 Employment of Manual Scavengers Act.

67. The Committee recommends that the 1986 Child Labour Act be amended
so that household enterprises and government schools and training centres are
no longer exempt from prohibitions on employing children; and coverage is
expanded to include agriculture and other informal sectors. The Factories Act
should be amended to cover all factories or workshops employing child labour.
The Beedi Act should be amended so that exemptions for household-based
production are eliminated. Employers should be required to have and produce on
demand proof of age of all children working on their premises.

68. The Committee recommends that the State party ensure that laws
provide criminal and civil remedies, especially in the light of decisions of
the Supreme Court in relation to compensation funds for child labourers
(M.C. Mehta vs. The State of Tamil Nadu and
M.C. Mehta vs. Union of India). The Committee recommends
that court procedures be simplified, so that responses are appropriate, timely
and child-friendly; and to vigorously pursue enforcement of minimum-age
standards.

69. The Committee recommends that the State party encourage states and
districts to establish and oversee child labour vigilance committees, and
ensure that a sufficient number of labour inspectors are adequately resourced
to carry out their work effectively. A national mechanism to monitor the
implementation of standards at state and local levels should be established
and empowered to receive and address complaints of violations, and to file
First Information Reports.

70. The Committee recommends that the State party undertake a national
study on the nature and extent of child labour, and that disaggregated data,
including violations, be compiled and kept up to date to serve as a basis for
designing measures and evaluating progress. The Committee further recommends
that the State party continue its efforts to carry out campaigns to inform and
sensitize the general public, especially parents and children, of work
hazards; and to involve and train employers', workers' and civic
organizations, government officials, such as labour inspectors and law
enforcement officials, and other relevant professionals.

71. The Committee calls upon the State party to ensure that the
competent authorities cooperate and coordinate their activities, including
with respect to education and rehabilitation programmes; and that present
cooperation between the State party and relevant United Nations agencies, such
as ILO and UNICEF, and NGOs be expanded. The Committee recommends that the
State party ratify ILO Convention No. 138 concerning the Minimum Age for
Admission to Employment, and No. 182 concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour.

Drug abuse (art. 33)

72. In the light of article 33, the Committee is concerned about the
increasing use and traffic in illicit drugs, especially in the large urban
centres of Mumbai, New Delhi, Bangalore and Calcutta, and the growing use of
tobacco among persons under 18 years, especially girls.

73. The Committee recommends that the State party develop a national
drug control plan, or a Master Plan, with the guidance of the United Nations
Drug Control Programme (UNDCP). The Committee encourages the State party to
continue its efforts to provide children with accurate and objective
information about substance use, including tobacco use, and to protect
children from harmful misinformation through comprehensive restrictions on
tobacco advertising. The Committee recommends cooperation with and assistance
from WHO and UNICEF. The Committee further recommends that the State party
develop rehabilitation services for children who are victims of substance
abuse.

Sexual exploitation and sexual abuse (art. 34)

74. The Committee notes the Plan of Action to Combat Trafficking and
Commercial Sexual Exploitation of Women and Children. However, in view of the
scale of the problem, the Committee is concerned about the sexual abuse and
exploitation of children especially those belonging to the lower castes and
from poor urban and rural areas, in the contexts of: religious and traditional
culture; child domestic workers; children living and/or working on the
streets; communal violence and ethnic conflict; abuse by the security forces
in areas of conflict, such as Jammu and Kashmir, and the north-eastern states;
and trafficking and commercial exploitation, especially girls from
neighbouring countries, particularly Nepal. It is also concerned about the
absence of adequate measures to combat this phenomenon and the lack of
adequate rehabilitation measures.

75. The Committee recommends that the State party ensure that
legislation criminalizes the sexual exploitation of children and penalizes all
the offenders involved, whether local or foreign, while ensuring that the
child victims of this practice are not penalized. While noting that
Devadasi, or ritual prostitution, is prohibited under the
law, the Committee recommends that the State party take all necessary measures
to eradicate this practice. In order to combat trafficking in children,
including for commercial sexual purposes, the Penal Code should contain
provisions against kidnapping and abduction. The Committee recommends that the
State party ensure that laws concerning the sexual exploitation of children
are gender neutral; provide civil remedies in the event of violations; ensure
that procedures are simplified so that responses are appropriate, timely,
child-friendly and sensitive to victims; include provisions to protect from
discrimination and reprisals those who expose violations; and vigorously
pursue enforcement.

76. The Committee recommends that a national mechanism to monitor
implementation should be established, as well as complaints procedures and
helplines. Rehabilitation programmes and shelters should be established for
child victims of sexual abuse and exploitation.

77. The Committee recommends that the State party undertake a national
study on the nature and extent of sexual abuse and sexual exploitation of
children, and that disaggregated data be compiled and kept up to date to serve
as a basis for designing measures and evaluating progress. The Committee
recommends that the State party continue its efforts to carry out extensive
campaigns to combat harmful traditional practices, such as child marriages and
ritual prostitution; and inform, sensitize and mobilize the general public on
the child's right to physical and mental integrity, and safety from sexual
exploitation.

78. The Committee recommends that bilateral and regional cooperation be
reinforced, involving cooperation with border police forces from neighbouring
countries, especially along the eastern frontier areas in the states of West
Bengal, Orissa and Andhra Pradesh. The State party should ensure that the
competent authorities cooperate and coordinate their activities; and that
present cooperation between the State party, and, inter
alia, UNICEF, be expanded.

Administration of juvenile justice (arts. 37, 40 and 39)

79. The Committee is concerned over the administration of juvenile justice
in India and its incompatibility with articles 37, 40 and 39 of the Convention
and other relevant international standards. The Committee is also concerned at
the very young age of criminal responsibility - 7 years - and the possibility
of trying boys between 16 and 18 years of age as adults. Noting that the death
penalty is de facto not applied to persons under 18, the Committee is very
concerned that de jure, this possibility exists. The Committee is
further concerned at the overcrowded and unsanitary conditions of detention of
children, including detention with adults; lack of application and enforcement
of existing juvenile justice legislation; lack of training for professionals,
including the judiciary, lawyers and law enforcement officers, in relation to
the Convention, other existing international standards and the 1986 Juvenile
Justice Act; and the lack of measures and enforcement thereof to prosecute
officials who violate these provisions.

80. The Committee recommends that the State party review its laws in the
administration of juvenile justice to ensure that they are in accordance with
the Convention, especially articles 37, 40 and 39, and other relevant
international standards such as the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (the Beijing Rules), the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines),
the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty and the Vienna Guidelines for Action on Children in the Criminal
Justice System.

81. The Committee recommends that the State party abolish by law the
imposition of the death penalty on persons under 18. The Committee also
recommends that the State party consider raising the age of criminal
responsibility and ensure that persons under 18 years are not tried as adults.
In accordance with the principle of non-discrimination contained in article 2
of the Convention, the Committee recommends article 2 (h) of the 1986 Juvenile
Justice Act be amended to ensure that boys under 18 years are covered by the
definition of juvenile, as girls already are. The Committee recommends that
the 1986 Juvenile Justice Act be fully enforced and that the judiciary and
lawyers be trained and made aware of it. The Committee further recommends that
measures be taken to reduce overcrowding, to release those who cannot be given
a speedy trial and to improve prison facilities as quickly as possible. The
Committee recommends that the State party ensure regular, frequent and
independent monitoring of institutions for juvenile offenders.

82. The Committee further suggests that the State party consider seeking
technical assistance from, inter alia, the Office of the
United Nations High Commissioner for Human Rights, the Centre for
International Crime Prevention, the International Network on Juvenile Justice
and UNICEF, through the Coordination Panel on Juvenile Justice.

D.9. Dissemination of the report

83. Finally, the Committee recommends that in accordance with article
44, paragraph 6, of the Convention, the initial report submitted by the State
party be made widely available to the public at large and that consideration
be given to the publication of the report along with the written answers to
the list of issues raised by the Committee, the relevant summary records of
the discussion and the concluding observations adopted thereon by the
Committee following its consideration of the report. Such a document should be
widely distributed in order to generate debate and awareness of the Convention
and its implementation and monitoring within the Government, the Parliament
and the general public, including concerned non-governmental organizations.

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Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland