Law Commission for greater rights to children

New Delhi: The Law Commission of India, here on Thursday submitted a Report (No.259) titled “Early Childhood Development and Legal Entitlements” to the Union Minister of Law and Justice with emphasis on early childhood development (ECD) spanning from birth to age six suggesting several changes to the Constitution in this regard for the welfare ofthe child.

As per the 2011 Census, India has 158.7 million children in the age group of 0-6 years, comprising about 16 per cent of the total Indian population. In the period 2008-2013, 43 per cent of India’s children under 5 were underweight and 48 per cent had stunted growth.

However, the report hit back at the State terming its response slow so far to the findings. The Policy as articulated was no doubt quite comprehensive, but concerns remained about its true and faithful implementation, the report pointed out. Similarly, Article 45 of the Constitution that read “the State shallendeavour to provide early childhood care and education for all children until they complete the age of six years”, being a Directive Principle of State Policy did not create any binding commitment on part of the State, it observed.

It is suggested that, as per the recommendation of the NCRWC, a new Article 24A be inserted to Part III of the Constitution to ensure that the child’s right to basic care and assistance became an enforceable right. The Article should read as follows: “24A. Every child shallhave the right to care and assistance in basic needs and protection from all forms of neglect, harm and exploitation”, it added.

In order to extend the right to education to children in the under-6age group as well, Article 21A of the Constitution should be amended to read as follows: “The State shall provide free and compulsory education to all children in such a manner as the State may by law determine,” it stated. Similarly, it is recommended that the fundamental duty of the parent or guardian to provide education should not be applicable only to children between the ages of six and fourteen.

Article 51 A(k) of the Constitution should be amended so that the duty is placed on every citizen “who is a parent or guardian to provide opportunities for education to his/her child or, as the case may be, ward under his/her care.” Section 11 of the Right to Education Act should be made mandatory and should read as follows:

“with a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government shall make necessary arrangement for providing free pre-school education for such children.”

It suggested that the Maternity Benefit Act be amended in accordance with the forward looking provisions in the CCS Rules, wherebymaternity benefits should be increased from twelve weeks to 180 days. Provision of maternity benefits should be made obligatory on the State and not left to the will of the employers and should cover all women, including women working in the unorganized sector, it added.It suggested that government formulate a policy or guidelines laying down minimum specifications of paid maternity leave to women employed in private sector.