The Law Commission of India has recommended amending the Constitution to ensure that children below six years of age are protected from “all forms” of neglect, harm and exploitation. The commission has also recommended that their right to basic care and assistance be made an enforceable right. It has said that the early childhood is the phase of “maximum vulnerability” and deprivation can seriously impact a child’s health and learning potential.The commission, in its report submitted to the Law Ministry, has also recommended amendments to the Right to Education Act, Maternity Benefit Act and creation of a statutory authority for early childhood development to ensure “proper emphasis” on the promotion of early childhood development. The report of the commission, whose term is ending on August 31, is the result of demands made by representatives of Alliance for Right to Early Childhood Care and Development and Mobile Creches who highlighted the issue relating to the rights of children under the age of six years. The commission said the protection of early childhood development in India depends on policies and schemes created and run by the central and state governments. “The commission is of the view that the Constitutional framework of Fundamental Rights and Directive Principles should reflect the special status and needs of children below six years. “Further, the Commission believes that statutory backing should be given to the existing schemes and policies in order to create legal entitlements in favour of children,” said the report. The law panel suggested that as per the recommendation of the National Commission to Review the Working of the Constitution, a new Article, 24A, be inserted to Part III of the Constitution to ensure that the child’s right to basic care and assistance becomes an enforceable right. “The Article should read as follows: ‘24A. Every child shall have the right to care and assistance in basic needs and protection from all forms of neglect, harm and exploitation’,” the report said.
Winters are extremely hectic for Sushma Patel, a vegetable grower in Uttar Pradesh’s Chunar town. Her farm is in the fertile plains of Ganga where people grow three crops a year. But this is the only season when she can grow vegetables. And before that, she needs to manually dig out shreds of plastic and wrappers from her one-hectare (ha) farm. “This is all because of the nullah,” she says, pointing at an open drain that runs through her field, carrying sewage from the neighbourhood to the Ganga. “Every monsoon, the drain overflows and inundates the field with a thick, black sludge and plastic debris. We cannot even go near the field as the stench of sewage fills the air,” she says. But Patel has no one to complain to as this is the way of life for most people in this ancient town. About 70 per cent of the people in Chunar depend on toilets that have on-site sanitation, such as septic tanks and pits. In the absence of a proper disposal or management system, people simply dump the faec...