A milestone in lives of young children

'The present legal framework remains weak as far as early childhood develop-ment is concerned.'

Justice Ajit Prakash Shah, former Chief Justice of Delhi High Court and currently the Chairperson of the Law Commission of India, recently submitted an important and far-reaching report in relation to Early Childhood Care and Development (ECCD).

In the covering letter to Union Minister for Law and Justice, the Commission felt that “the development of young children is nowadays recognised as a development and human rights issue of critical national importance. Early childhood development spanning from birth to the age of six years is the period that sees the most rapid growth and development of the entire human lifespan. It is during this period that the foundation of cognitive, physical and socio-emotional development, language and personality are laid.”

While explaining the importance of and the concept of ECCD, the Commission strongly reiterated its importance saying “this critical period up to the age of six years is a ‘window of opportunity’, i.e. if the child receives favourable environmental inputs of health, nutrition, learning and psychosocial development, the chances of the child’s brain developing to its full potential are considerably enhanced.

“If the environmental experiences are unfavourable and the child faces deprivation or emotional or physical abuse, the brain’s development is negatively affected and the ‘window of opportunity’ is lost, often irrevocably. The concept of a right to Early Childhood Development (ECD) emphasises that young children need simultaneous inputs of care, nutrition and health as well as opportunities for psychosocial development, play and learning in an enabling and protective environment” (Para 1.4).

Taking into cognizance the present abysmal condition of children in the country based on research reports, the Commission observed that “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 five were underweight and 48 per cent had stunted growth.

“According to a World Bank report published in 2013, the mortality rate of children under five years of age is 53 per 1000 live births and according to a 2013 UNICEF report, more than 60 million children under five are stunted. Less than half the women in the country are provided any form of support during their pregnancies, deliveries and lactation, which has a significant impact on a child’s health and growth during the early part of its life. Moreover, a quarter or less of children in India receive adequate health care” (Para 1.5).

Recognising the limitation of the present legal regime, the commission opined that “despite these alarming figures, there is no clear legal articulation of the entitlements of these young children. The present legal framework remains wanting and weak as far as ECD is concerned, even though Article 45 of the Constitution directs that ‘the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years’” (Para 1.6).

Rights of young children
Having examined all dimensions of the issue threadbare, the Commission reached to a conclusion that “the current legal and constitutional rights framework in India does not place enough emphasis on the rights of young children. The protection of early childhood development in India thus depe-nds on policies and schemes created and run by the Central and state governments. This should be coupled with an integrated and holistic approach to protecting the interests of the young child, keeping in mind the need for health, nutrition, care and education as primary inputs for early childhood development”.

Finally, the Commission made many significant and comprehensive recommendations to uphold the rights of young children. Some of the important recommendations are as follows:

1. It is 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.

2. In order to extend the right to education to children in the under-6 age group as well, Article 21A of the Constitution should be amended to read: “The State shall provide free and compulsory education to all children in such a manner as the State may by law determine”.

3. 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”.

4. Provision should be made for the training of teachers to provide pre-school education, and there should be a budgetary allocation to fund training programmes for the same to ensure quality standards and a proper implementation of the best methods of promoting play and learning.

(The writer is Fellow and Programme Head, Centre for Child and the Law, NLSIU)