Category: Child Rights

A condition that puts a lot of children at risk in  is poverty.

Lack of access to basic requirements such as food, shelter and clothing are the underlying cause of poor child health, poor child nutrition, child labour, child marriage and various other issues.It widens the economic, social, cultural, and gender disparities already present in society. Poverty essentially threatens every child right: survival, development and protection. Poverty follows a vicious cycle as poor children grow up to be poor adults who then pass on debt to their children.

Children experience poverty differently from adults as it creates an environment which is harmful to their mental, physical, emotional and spiritual development. It can not be simply understood in terms of household income or household consumption. UNICEF defines as “Children living in poverty experience deprivation of the material, spiritual and emotional resources needed to survive, develop and thrive, leaving them unable to enjoy their rights, achieve their full potential or participate as full and equal members of society.”

In a study on poverty faced by children, UNICEF found that children face seven areas of severe deprivation: adequate nutrition, safe drinking water, decent sanitation facilities, health, shelter, education and information. The study found that half the child population of the world suffers at least one form of deprivation. The nature of deprivation is such that one deprivation reinforces others. Lack of access to safe drinking water can affect a child’s health, education and nutrition. Rural children in poverty are twice as likely to suffer some form of deprivation as their urban peers.

Child poverty is not an issue only in low income nations but it found in many middle income nations as well. For example Columbia and Namibia have similar levels of per-capita income but yet Namibia has more severe deprivations. Namibia’s children suffer deprivations closer to those of Togo’s, a much poorer country. Child poverty is also high associated with gender discrimination. How income or resources are earned, distributed and valued depends on the power relations between men and women in the family and in society in general.

Children in poverty experience more then simple material poverty. The lack of material security exposes children to all forms of abuse and exploitation. It creates economic need that pushes children into child labour, and hence forsakes their right to education and recreation. Hence children experience an emotional and mental poverty as well. This in turn produces further material poverty, creating a generational cycle of poverty.

The most popular international estimation of poverty is given by the World Bank at 1.4 Million people living below the poverty line in 2005. In 2008 the World Bank set the poverty line at $1.25 a day using 2005 Purchasing Power Parity terms and price data from the International Comparison Program 2005. This line is based on the mean of national poverty line from various poor countries.

The below poverty line in India is determined by the Planning Commission for the purpose of Central sponsored programmes in the rural areas and urban areas. The tenth five year plan calculated the poverty line by thirteen parameters, with a 0-4 score for each parameter. Families with a score less than 15 out of 52 possible marks are considered to be below the poverty line (BPL). The government caps the number of families in this category at 3.26 lakhs in the rural area and the BPL survey found a total of 3.18 lakhs families in 2002. The thirteen parameters include land holding, type of house, clothing, food security, sanitation, consumer durables, literacy status, labour force, means of livelihood, status of children, type of indebtedness, reasons for migrations etc. In the urban BPL survey poverty is calculated by seven parameters: roof, floor, water, sanitation, education level, type of employment & status of children in a house. In 2004 the survey found 1.25 lakh urban poor families below the poverty line. State governments use their own criteria for BPL calculation for the state schemes.

Poverty estimation covers a much larger population than the below poverty line. There are various differing opinions on poverty estimation in India. There are four main sources of poverty estimation in India.

• Planning Commission 2004-05 estimates: the National Sample Survey Organization (NSSO) with the use of the Consumer Price Index of Agricultural Labourers for rural poverty line and Consumer Price Index for Industrial Workers (CPIIW) for urban poverty lines, calculated the percentage of poor in the nation. Rural poverty was estimated at 28.3% and urban poverty was estimated at 25.7% as per the Uniform Recall Period consumption in which the consumer expenditure data for all the items are collected from 30-day recall period. Mixed Recall period estimates are slightly lower as MRP indicated consumer expenditure data for five non-food items, namely, clothing, footwear, durable goods, education and institutional medical expenses are collected from 365-day recall period and the consumption data for the remaining items are collected from 30-day recall period.
• The Arjun Sengupta Report on conditions of work and promotion of livelihoods in the unorganised sector’: estimates the 77% of the population, that is there are 836 million people with the purchasing power income of less than two dollars. Based on NSSO data the committee categorizes poverty into four distinct groups: The extremely poor are people who survive at 0.75 of the official poverty line (PL) (which is at approximately Rs. 10 per capita per day). The poor subsist between 0.75 PL and PL. The marginally poor are slightly better off as their daily consumption rests between PL and 1.25PL. And lastly the vulnerable group who is in danger of becoming poor live on 1.25PL to 2PL (which is approximately Rs 20.3 per capital per day).
• The Saxena Committee Report: In August, 2009, The Saxena Committee, which was commissioned by the Ministry of Rural Development to advice on a methodology for conducting the Below Poverty Line (BPL) census for the 11th five year plan. The committee aimed at three things; to automatically exclude non-poor families from the survey, automatically include extreme poor families and grade the rest of the families according to fare criteria. The Saxena Committee estimates the 50% of the population would be included in the BPL list.
• The Tendulkar Committee Report: In November 2009, the Tendulkar Committee, which was appointed by the Planning Commission of India as an expert group to review the methodology for estimation of poverty, produced a report. The committee suggests it is best to continue calculating the poverty line according to private household consumer expenditure of Indian households from data connected by NSSO. Hence according to this report the urban poverty headcount ratio is 25.7 % as calculated previously. But there has been a change in the rural national poverty headcount ratio which was originally calculated to be 28.3 %. It is now estimated at a much “higher and accurate” ratio of 41.8%. This means that according to the report, 37.2% of the population is considered to be below the new poverty line. The new all India poverty line is set at Rs. 446.68 in rural areas and Rs. 578.8 in urban areas.

This Concept Note on ‘Children is Poverty’ is adapted from Childline India Foundation Website.

People belonging to scheduled castes (SCs) and scheduled tribes (STs)are discriminated against in various forms both historically and in contemporary society. According to statistics presented to parliament in February 2003, violence against the scheduled castes and scheduled tribes has been increasing over the years. In 1999 34799 cases were lodged under the SCs/STs Prevention of Atrocities Act, in 2000 there were 36,971 cases and in 2001 there were 39,157 cases. The maximum numbers cases of crimes committed against Scheduled Castes were reported from Rajasthan; and Madhya Pradesh has the largest number of atrocities against Scheduled Tribes. It should be noted that majority of cases goes unregistered. The government of India in their periodic report fails to speak of violence against Dalits or tribal children. The only mention is in cases of rape of a girl child who is also a Dalit or tribal.

Children of Dalit and tribal communities face a number of abuses. Though there is no actual number of crimes committed against children of SC/ST families there are many case examples of violence, rape, and torture. On 9 April 2003, three members of a Dalit family – a pregnant woman and her two children – were gunned down by members of an armed opposition group of the upper caste Hindus. On 30th July 2000 an eighteen year old dalit girl was humiliated, tortured, and burnt to death by a band of upper caste Hindus from her village. 

Discrimination against ST and SC children can be seen in evidence of the education system. Literacy among SC/ST population is indicative of the advancement in education. The lowest group female STs, has doubled in the last ten years but is still at a low of 32.4%. School statistics show an increased enrolment of SC and ST students. But the enrolment figured doesn’t match the population figures in the various states. Rajasthan, Uttar Pradesh and West Bengal have the lowest SC enrollment ratios. Also non-attendance among Scheduled Castes is higher than among the general population rates, around 20 % in the 6-10 age group and 29 % in the 11-14 year age group. Attendance rates are the highest in Kerala and lowest in Bihar. The effect of poor attendance and dropouts can be seen in the number of children that complete elementary education. Only 43% SC children completed primary schooling.

Among ST children Madhya Pradesh, Orissa and Rajasthan have the worst enrolment rates. Even Kerala does not have equal enrolment to population. Rural school attendance rates of Scheduled tribe children are highest in Sikkim, Mizoram, Nagaland, Andaman and Nicobar, Manipur, Meghalaya and Assam. Rates in Andhra Pradesh, Bihar, Madhya Pradesh and Orissa are extremely low even with their large tribal populations at 27.1%, 29.8%, 34.2% and 32.3% respectively. Dropout rates amongst ST children are very high. Majority of children drop out in class I itself. Official dropout rates of tribal children from school in 1988-89 were as high as 78% between classes I and VIII. 

The vulnerability of children begins from before they are born. Poor ante-natal and maternal care and nutrition put the average Indian child at risk for medical complications at birth or disability once born. There is also risk to the woman as one third of expectant mothers in India do not have access to a basic tetanus vaccination. NFHS-3 recorded that 23 % of women do not receive a single ante-natal check-up, while 52 % of women give birth without assistance from a health professional. A high rate of anaemia and low body mass index (BMI) of mother’s results in low birth weight of children and hence leads to malnutrition. NFHS-3 reports that 58% of women are anaemic and 33% of women have a BMI of less than 18.5.

After birth, the child continues to face health challenges. Approximately one third of new born babies are below the acceptable 2.5 kilograms of weight. NFHS-3 reported that 77% of new-borns are not breastfed without the hour of birth. This first step in nutrition is vital for the healthy development of the child. Undernourished refers to the below optimal weight a child is for his/her age; 46% of young children classify as undernourished. Stunted refers to the below optimal height a child is for his/her age; 38% of young children are stunted. Lastly, Wasted refers to the below optimal weight a child a child is for his/her given height; 19% of young children are wasted. Depravity of immunizations also leads to various health problems, most common being fever (indicating an illness), diarrhoea, and acute respiratory infection. 

When we examine India’s education statistics the story is not any brighter.Ministry of Human Resource Development in a 2006-2007 survey reported that 25.6% of children drop out of school before they reach the fifth standard. In a Times of India  article they reported that in 1991 there was a primary school dropout rate of 41.9% (boys 40.1%, girls 46%) which had not much improved in 2001, 40.67% (boys 39.7%, girls 41.9%). Meaning after 10 years and several thousand crore spent on primary school education the state has only been able to bring down the dropout rate by 2%.

The well-being of India’s children lies heavily in those first six years of a child’s life. It is these beginning few years that will affect not only the growth, mental and physical health of the child but also his/her ability to become a responsible and well- adjusted citizen of the country. Early childhood care and education (ECCE) is the first and possibly the most important first step in creating a healthy child population.

According to the World Health Organisation (WHO) globally, 30% of children under five are estimated to be stunted and 18% have low weight-for-height, and 43 million children are overweight. Optimal breastfeeding could save the lives of 1.5 million children under five every year. Nearly nine million children die every year from preventable diseases and infections: the largest killer being Diarrhoeal disease. There are over 2 billion cases of diarrhoeal disease every year and is the leading cause of malnutrition amongst children under five.

In India 84% of all health care expenditure is out of pocket. This places a great number of families at risk of falling into poverty due to high health expenses. Millions of children are at risk of becoming malnourished. Every third child in India is malnourished. Infant and child mortality rates still remain very high about the MDG. They are lowest among marginalised groups such as scheduled castes and tribes, and females. Discrimination in food based schemes and in society in general leads to starvation deaths among women and children of the Scheduled Castes and Scheduled Tribes. Muslim children have the highest rate of stunting and second highest rate of being underweight. There are almost no services or programmes for children with mental health issues. Children with disabilities, HIV/AIDS and mental disorders are stigmatized and hence have little access to health facilities.

India has one of the poorest health records in the world with the highest TB prevalence, every three out of four children have anaemia, and polio eradication is actually backsliding. With varying social sector budgets, health indicators differ greatly across the country. Kerala is best off with only 21% stunted children. Uttar Pradesh has the worst record with 46% of the children being underdeveloped. Girls are at a higher risk of not being able to access health care. The mental health budget remains at 1% of the total health budget. 

According to UNICEF India over two million children die every year from preventable diseases. IMR in India is 63 deaths for every 1000 live births. Of these 47% of the deaths occur within the first week after birth. Measles is the largest cause of death among children which can be prevented by a vaccine. Tetanus in newborns remains a major problem Uttar Pradesh, Madhya Pradesh, Rajasthan, West Bengal, and Assam.

Breastfeeding is the first crucial step to ensuring good health in infants. According to NFHS-3 data 24.5% of new mothers initiated breastfeeding in the hour after birth, 46.4% breastfed exclusively the first six months and 56.7% nursed beyond six months with the introduction of complementary food. This results in more than 50% the child population below five being underweight. 44.9% of the children under three are stunted and 22.9% of children under three are wasted. Less than 50% of children receive full immunization during infancy. This number has been dropping significantly over the years indicating a problem with the universal immunization programme. 

According to NFHS-3 60% of children have been brought to a health care facility with diarrhoea, 69% have Acute respiratory infection and 71% have presented a high fever. Only 39% of children under five having diarrhoea during the time of the survey received some kind of oral rehydration therapy. More than one fourth of children with diarrhoea received no treatment at all. Children with diarrhoea need to consume plenty of water and adequate food. But 40% of children received less water and 45% received less food than usual. Child abuse, especially sexual abuse puts children at high health risks. Abuse is related to high mental health disorders as well as sexually transmitted diseases such as HIV/AIDS.

Child health initiatives come under the Reproductive and Child Health Programmes and ICDS.

Children without parental care are at a high risk of abuse, exploitation and neglect. Large numbers of children end up in institutional care. Inadequate individual care of institutions can socially and emotional impair children.

Children may be destitute, for the interim or permanently of parental care for many reasons including the illness, death or imprisonment of parents, separation due to migration or armed conflict, the removal by child welfare authorities and/or the courts based on the child’s best interests, detention of the child, or following the child’s own initiative to leave home.

In India the child parent relationship is often seen as one of obedience of a social order more so than a right of the child. Hence when a child is separated from his/her parent it is not viewed as the duty of the state to provide that child with a family environment. None the less adoption is supervised by the state, but India does not have a long term foster care or alternate care system outside of institutionalization.

UNICEF estimates that there are 25 million orphaned children in India in 2007. Another study estimates there are about 44 million destitute children and over 12 million orphan and abandoned children in India, yet there are only 5000 (0.04%) adoptions every year. The institutions for children in conflict with the law host about 40,000 children. The wide gap that exists in the knowledge of and attitude towards child adoption and intention to adopt a child between people from different socio-economic backgrounds exposes the need of the state to initiate promotion of child adoption and creating a system of non-institutional care for children above the adoption age. 

Human trafficking is the third largest profitable industry in the world. Child trafficking unlike many other issues is found in both developed and developing nations. Trafficked children are used for prostitution, forced into marriage, illegally adopted, used as cheap or unpaid labour, used for sport and organ harvesting. Some children are recruited into armed groups. Trafficking exposes children to violence, abuse, neglect and exploitation. According toUNICEF a child victim of trafficking is “any person under 18 who is recruited, transported, transferred, harboured or received for the purpose of exploitation, either within or outside a country”. Trafficking is one of the hardest crimes to track and investigate hence data is hard to obtain. The latest figures estimate that 1.2 million children are trafficked worldwide every year. Child prostitution has the highest supply of trafficked children.

India is a source, destination, and transit country for trafficking for many purposes such as commercial sexual exploitation. Majority of the trafficking is within the country but there are also a large number trafficked from Nepal and Bangladesh. Children are trafficked to Middle Eastern countries for sport such as camel racing. There are no national or regional estimates for the number of children trafficked every year. But 40% of prostitutes are children, and there is a growing demand for young girls in the industry. 

NGOs estimate that 12,000 – 50,000 women and children are trafficked into the country annually from neighbouring states for the sex trade. Thousands of girls are trafficked from Bangladesh and Nepal. 200,000 Nepalese girls under 16 years are in prostitution in India. An estimated 1,000 to 1,500 Indian children are smuggled out of the country every year to Saudi Arabia for begging during the Hajj.  Andhra Pradesh, Karnataka, West Bengal and Tamil Nadu have the largest number of people trafficked. Intra state/inter district trafficking is high in Rajasthan, Assam, Meghalaya, Bihar, Uttar Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu and Maharashtra. Delhi and Goa are the major receiver states. Trafficking from north eastern states is high but often over looked. In 2008, 529 girls were trafficked from Assam alone. 

There is a rising demand for live-in maids in urban areas. This has resulted in trafficking of girls from villages in West Bengal, Jharkhand and Chhattisgarh to live under extremely poor conditions first in “placement agencies” and later in the employers homes. Placement agents keep the girls in small unhygienic rooms packed together. They are often made to do the placement agent’s household work and subjected to sexual abuse.

India has legal provisions to counter trafficking as per the Immoral Traffic Prevention Act 1986. The MWCD has taken a number of Initiatives to combat trafficking of Women and Children.

India is sadly the home to the largest number of child labourers in the world. The census found an increase in the number of child labourers from 11.28 million in 1991 to 12.59 million in 2001. M.V. Foundation in Andhra Pradesh found nearly 400,000 children, mostly girls between seven and 14 years of age, toiling for 14-16 hours a day in cottonseed production across the country of which 90% are employed in Andhra Pradesh.40% of the labour in a precious stone cutting sector is children. NGOs have discovered the use of child labourers in mining industry in Bellary District in Karnataka in spite of a harsh ban on the same. In urban areas there is a high employment of children in the zari and embroidery industry.

Poverty and lack of social security are the main causes of child labour. The increasing gap between the rich and the poor, privatization of basic services and the neo-liberal economic policies are causes major sections of the population out of employment and without basic needs. This adversely affects children more than any other group. Entry of multi-national corporations into industry without proper mechanisms to hold them accountable has lead to the use of child labour. Lack of quality universal education has also contributed to children dropping out of school and entering the labour force. A major concern is that the actual number of child labourers goes un-detected. Laws that are meant to protect children from hazardous labour are ineffective and not implemented correctly.

A growing phenomenon is using children as domestic workers in urban areas. The conditions in which children work is completely unregulated and they are often made to work without food, and very low wages, resembling situations of slavery. There are cases of physical, sexual and emotional abuse of child domestic workers. The argument for domestic work is often that families have placed their children in these homes for care and employment. There has been a recent notification by the Ministry of Labour making child domestic work as well as employment of children in dhabas, tea stalls and restaurants “hazardous” occupations.

According to HAQ: Centre for child rights, child labour is highest among schedules tribes, Muslims, schedule castes and OBC children. The persistence of child labour is due to the inefficiency of the law, administrative system and because it benefits employers who can reduce general wage levels. HAQ argues that distinguishing between hazardous and non hazardous employment is counter-productive to the elimination of child labour. Various growing concerns have pushed children out of school and into employment such as forced displacement due to development projects, Special Economic Zones; loss of jobs of parents in a slowdown, farmers’ suicide; armed conflict and high costs of health care. Girl children are often used in domestic labour within their own homes. There is a lack of political will to actually see to the complete ban of child labour.

Bonded child labour is a hidden phenomenon as a majority of them are found in the informal sector. Bonded labour means the employment of a person against a loan or debt or social obligation by the family of the child or the family as a whole. It is a form of slavery. Children who are bonded with their family or inherit a debt from their parents are often found in agricultural sector or assisting their families in brick kilns, and stone quarries. Individual pledging of children is a growing occurrence that usually leads to trafficking of children to urban areas for employment and have children working in small production houses versus factories. Bonded labourers in India are mostly migrant workers, which opens them up to more exploitation. Also they mostly come from low caste groups such as dalits or marginalised tribal groups. Bonded child labourers are at very high risk for physical and sexual abuse and neglect sometimes leading to death. They often are psychologically and mentally disturbed and have not learnt many social skills or survival skills.

In 2000 the ILO estimated 5.5 million children had been forced in labour in Asia, while the Bonded Labour Liberation Front placed 10 million bonded children in India alone. In 1998 the government of India labelled bonded child labour as a marginal problem with only 3000 or so cases. A survey in Tamil Nadu in 1995 found 125,000 bonded child labourers in the state alone. Child bonded labour in India is mostly in the agricultural sector but has in recent times been moving into other sectors as well such as beedi-rolling, brick kilns, carpet weaving, commercial sexual exploitation, construction, fireworks and matches factories, hotels, hybrid cottonseed production, leather, mines, quarries, silk, synthetic gems, etc. 

Child labour in India is addressed by the Child Labour Act, 1986 and National Child Labour Project.

The term ‘children in conflict with the law’ refers any person below the age of 18 who has come in contact with the justice system as a result of committing a crime or being suspected of committing a crime. Most children in conflict with the law have committed petty crimes such as vagrancy, truancy, begging or alcohol use. Some have committed more serious offenses. Some children are coerced into crime by adults who use them as they know they cannot be tried as adults. Often prejudice, stereotyping and discrimination brings children into conflict with law without a crime being committed. More than 1 million children worldwide are detained by law officials. In institutions children are often died access to medical care and education which are part of their rights.

In India the number of cases of juvenile delinquents has increased from 17,203 in 1994 to 30,943 in 2004. The crimes committed by juveniles have also seen an increase in the same period from 8,561 to 19,229. Some of the increase can be attributed to the definition of juveniles being changed to include ages 16-18, but none the less more and more children are coming into conflict with law in the 16-18 age group.

There are various reasons why children end up committing crimes. About 64% of cases in 2004 were children who had no education or only education up to primary level. Children living with parents/guardians accounted for 76.6% of the total juveniles arrested. The number of homeless children arrested for various crimes was only 7.5%. Juveniles usually come from poor families earning less than Rs. 25,000 a year (72.3%). Often children are victims of crime as they are used for begging, drug peddling, and prostitution.

A major area of concern is the rise of juvenile crimes in the overall crimes committed in the country. In 1994 juvenile crimes amounted to 0.5% of all crimes committed. In 2004 that number has doubled to 1%. The Juvenile Justice system has gives rise to many child rights concerns as children are often denied bail for petty crimes, the responsible stakeholders do not carry out proper social investigations, the conditions in the homes is often unsafe and inhumane, and juvenile justice boards are not child friendly and functions like an adult court.

With an increasing crime rate in the country as well as increasing number of people being imprisoned either as part of their sentence or waiting trial there is need to consider the needs of children whose parents have been imprisoned. Judicial proceedings or police arrests need to take into account the larger unintended consequences of penal sanctioning. The detainment of parents severely reduces families and communities economic and social abilities to successfully raise children. It also leaves the child in long periods of uncertainty and instability. This is especially seen with illegal immigrant families whose children spend months sometimes years in children’s homes awaiting the release of their parents. 

According to HAQ: Centre for child rights there has been a 7.9% increase in crimes committed by children between 2003 and 2004. In 2005 there was an 11.3% increase in crimes by children. There has been an increase especially in certain kinds of crimes which is a grave concern such as rape (by 11.9%), death due to negligence (150.8%), robbery (39.6%), attempt to murder (30.7%), preparation and assembly for dacoit activities (27.6%), auto theft (18.6%) and murder (15.9%) is a matter of concern. Surprising is the increase in number of cases of girls being charged with rape. As most crimes are committed by juveniles from poor families they should also fall under the children in need of care and protection category and should be treated as such. The main legislation that deals with juveniles is the Juvenile Justice Act, 2000.

A countless number of children go missing every year. The category of missing children include a number of problems including abduction or kidnapping of children by family members and by non-family members, run-away children or those forced to run away by family and surrounding circumstances, children who are in a difficult or aggressive environment, trafficked children, and lost children. Because of this wide array of problems it is hard to survey the number of missing children. Often cases are not reported to the police. In 2005 National Human Rights Commission (NHRC) informed that on an average 44000 children are reported missing every year. Of these, as many as 11,000 remain untraced.

Children who go missing may be exploited and abused for various purposes from camel jockeys in the Gulf countries to victims of organ trade and even grotesque cannibalism as reported at Nithari village in Noida. There are also a large number of children who run away from homes after dropping out of school or facing difficulties at home. They usually run away to the glamorous big cities where they fall prey to exploiters and are employed in tea stalls, brothels, beggary, etc. Most of the children come from poorer families who do not have access to police services or whose reports are not taken seriously.

When a child goes missing there no FIR filed as there is no cognizable offence committed. Hence only an entry is made into the General Station Diary at the concerned police office. Information of the missing child is forwards up to the Chief of police as well as locally police officers generate awareness through the media. The police headquarters of each state has a missing person bureau. A database of missing persons is maintained by the Missing Persons Wing at the National Crime Records Bureau (NCRB) in New Delhi.

Some recommendations/suggestions of the NHRC Committee made to state and union governments:

• Missing children should become a priority issue with state and union governments and law enforcement agencies.
• Every police station should have a special squad and missing person’s desk dedicated to tracing missing children. Special Juvenile Police Unit can also be used in this purpose.
• Reiterate the High court decision to establish a missing children’s cell in the CBI
• District administrators are responsible for keeping tabs on the number of working children in his/her district. He/she is required to make regular inspections of these spaces
• All missing children cases nationally should be reported to the National Commission for Protection of Child Rights (NCPCR)
• Missing children’s investigation should include the help of the Panchayat and community.
• NGO’s can also assist in reporting and investigating missing children
• NCRB needs to set up a system/database so that all missing children cases are available to local authorities.
• Government is required to give ample support to the emergency helpline CHILDLINE 1098
• It is advisable that FIRs be filed in the case of missing children. 

According to UNICEF, birth registration is the official recording of a child’s birth by the government administrative processes. Recognising and recording the birth of a child is vital to acknowledging the rights and practical needs of that child. It is a permanent and certified record of the child’s existence. Birth registration allows a child to have a nationality, which in turn allows the child to get a passport, open a bank account, obtain credit, vote and find employment. It also helps a child get access to basic health and education services. Having a record of a child’s birth is also essential in ensuring that child is accounted for in the protection system. It prevents a child from slipping through the cracks into hazardous child labour, allows for proper age determination in case of juvenile conflicts, avoids recruiting of children into the military, makes countering child marriage more efficient, and helps keep a record of the child and his/her family in case of runaways or lost children.

In 2008 alone, approximately 36% of all births world-wide went unregistered. South Asia has the largest number of unregistered births at about 23 million. This is 63% of all unregistered births in the region and 47% of all unregistered births worldwide. In sub-Saharan Africa 55% of the births are not registered. In the Middle East and North Africa, 16% of the children were not registered at birth, while in East Asia and the Pacific, 19% of births were unregistered. According to UNICEF in India only 41% of children under five have been registered at birth. There is a big urban rural difference in registration with 59% of urban children under five being registered at the time of the survey versus only 35% in rural areas. 

Every day only 38,000 out of the estimated 70,000 births that occur in the country are registered. Of those registered not all have birth certificates. In India a large number of children in the rural areas are said to have birthdays in May, June or July. This is because parents are unaware of the date of their child’s birth and a date is assigned to them when they approach a school for enrolment, which is usually during these months. Effective birth registration in India could counter some other issues such as the dropping sex ratio due to female foeticide and infanticide, and help government plan better effective development programmes. Effective birth registration systems are give better statistics and data about Infant Mortality Rate, Maternal Mortality rate, and Child Sex Ratio.

In India birth registration is decentralised to the state governments who according to the Registration of Birth and Death Act, 1969 create rules and systems whereby birth registration can take place in their jurisdiction. The act calls for a Chief Registrar at the State level, District Registrars at the District level and Registrars at the Registration Centre to carry out the provisions of the act. There is also a Registrar General at the central level to oversee the functioning of all state machinery. Birth registration figures differ greatly across states. Goa, Gujarat, Jammu and Kashmir, Karnataka, Kerala, Maharashtra, Mizoram, Punjab and Tamil Nadu and all the Union Territories except Dadra and Nagar Haveli have achieved above 90% registration of births. Andhra Pradesh, Assam, Bihar, Manipur, Meghalaya, Rajasthan and Uttar Pradesh have less than 50% registration of births.

There are many reasons why birth registration is not carried out effectively in India.

• People do not view it as a right of the child
• Not associated with the child’s access to education, healthcare, adulthood employment, etc.
• Lack of infrastructure or political motivation to improve the system
• Lack of awareness about birth registration
• Failure of state to implement legislation
• Poorer families do not have the means to pay for registration
• Gender bias limit the number of girls in the registration process