INDIA’S FUTURE IN STREET- THE STREET CHILDREN

Abstract:

A life in street is unimaginable and in tolerable , where looking the children in street picking
rags and begging for alms no one to care and protect them is a major contravening issue in
under developed countries . Especially a country like India which flags a slogan that, children
are the future India . But how far this children are been protected and cared is a big question
mark . Street children are the easy prey for exploiting for hard labour, sexual abuse ,organ
trade ,begging for alms , abetting to commit criminal activities ,drug trafficking. This research
paper is in view of enlighten the factors on position of street children in India ,their legal and
human rights, national and international guarantee in protecting the children in streets

Keywords : street children -future India -human rights- protection

INTRODUCTION:

“The Sight of a child - a boy or a girl - without adequate food or clothing or house to live
in always produces a sense of shock in me as well as a sense of share” - Jawahar Lal Nehru

Today, we can often see a pathetic situation of the rag pickers fighting to collect leftover food
items near a dustbin in a street corner in a metro city in which the site was very ugly, unhygienic
and full of stench and none dares to step in for the fear of getting infected with deadly
contagious diseases. Because we are so inhuman, insensitive and unconcerned for he fellow
beings in the society. The main focus of this article is to highlight the plight of the unfortunate
,hapless section of our society and analyse about the ameliorative measures needed to
rehabilitate them for a better living in the society. Street children in our country are in a
sizeable number as such there is a dire need for the governments at the Central and State level,
N.G.O’s other welfare societies and organizations to render necessary services to uplift them
and make them acceptable to the society. Needless to say the street children in India is a socio-
legal issue which has assumed greater significance and got coverage in the whole world. It is
the right time for all the intellectuals, N.G.O’s and other voluntary organizations to come
forward with strong determination, study this problem on humanitarian grounds and render all
assistance, guidance to enable them to get away from such miserable life, look for green
pastures and lead normal life. The street children problem can be studied from different angles
viz; Human Rights, Child Protection Laws, Fundamental Rights and Directive Principles of
State Policy under the Constitution of India; Juvenile Delinquency Act etc. so as to do justice
to them wholeheartedly and mitigate the loss caused to them economically and sociological at
the very tender ages.

Today, we live in the world where there is an unprecedented increase of human rights
enunciations, and a growing disregard for these very rights. The children’s group is one of
those vulnerable groups whose rights have been disregarded due to many reasons. The violation
of human rights of children has always been an area of concern. It is at the most destructive
end, where children are used as labourers or workers or slaves in particularly hazardous
conditions to repay the debts incurred by their parents or grandparents. Many times the
industrialists engage child labourers to gain more profit without giving them adequate
remuneration.

In situations of poverty, neglect, abuse, and desperation -children run away from home and
seek a better life on the street. It is a normal human reaction to escape pain and suffering and
to seek freedom and safety1. 'Street children' move from their homes to the street from ages as
young as four, through the teenage years. Few have successfully completed their schooling,
and many suffer from gaps in their social and cognitive development as a result. The
psychologist Abraham Maslow contends that people with such a social background often lose
confidence in their most basic abilities, leaving them disempowered and unable to make
informed life choices. This assessment applies both to the initial decision that children make to
leave home and escape to the street, and to the 'choice' to remain living on the street that they
exercise on a daily basis.

In defining street children, UNICEF classifies them in two categories: street working and street
living. Most children that are commonly referred to as 'street children' in the developing world
actually live at home but spend much of the day working in the streets. This paper addresses
only the latter category, street living children, for whom their primary home is the street, who
live independently and away from their parents and without adult supervision and care.

Most children move to the street in search of realization of basic needs -and not merely as an
escape from the tedium of home life or the desire to express their independence by leaving
friends and family. Running away from home is an act of resistance and an expression of
absolute frustration with life circumstances. It is the strongest possible response to poverty and

1
Maslow, Abraham. (1954). Motivation and Personality. New York: Harper and Brothers ,89-91.
abuse that children in circumstances of deprivation and vulnerability can exercise. Their home
life and street life are both defined by two major forms of deprivation of basic needs that are
essential for healthy child development and socialization: a sound family life defined by
supportive parents and intimate relationships, and adequate social provisions of food, shelter,
clothing, and quality schooling. Typically, neither in the homes where they previously lived,
nor on the streets where they have come to establish a new life are these needs met2.

Street children typically face danger on a daily basis; their lives are threatened in a myriad of
ways. Human Rights Watch reports that, Street children throughout the world are subjected to
routine harassment and physical abuse by police, government, and private security forces, out
to wipe the streets clean of a perceived social blight. Street children face extortion, theft, severe
beatings, mutilation, sexual abuse, and even death3.

High rates of disease and infection amongst street children are indicative of the health hazards
of street life4.' A study of street children in Dares Saalam, Tanzania revealed the extent of
disease transmission and unhygienic living conditions amongst street children.

All mentioned having suffered from malaria (fever), diarrhoea, and stomach related illnesses,
coughing and other respiratory diseases ... Infectious diseases seem to be common among street
children. Certainly this is a result of a variety of predisposing factors which include unsafe and
unhygienic sleeping areas, the shortage or lack of safe drinking water, unsafe food leftovers
and food collected from garbage bins... They have difficulty accessing sufficient fresh and
nutritious food, clean water, reliable shelter, bathing and toilet facilities and health care5.

2
Trussell, Robert. 'The Children's Streets: An Ethnographic Study of Street Children in Ciudad Juarez, Mexico.'
International Social Work. 42, 2.(190)
3
Human Rights Watch, 1- Human Rights Watch Report: 'Promises Broken.' Human Rights Watch.
http://www.hrw.org/ children/street.htm
4
Lugalla and Mbwambo, 335-337- Lugalla, Joe and Mbwambo, Jessie Kazeni. 'Street Children and Street Life in
Urban Tanzania: The Culture of Surviving and its Implications for Children's Health.' 1999. Blackwell Publishers.
5
Lugalla and Mbwambo, 335-337- Lugalla, Joe and Mbwambo, Jessie Kazeni. 'Street Children and Street Life in
Urban Tanzania: The Culture of Surviving and its Implications for Children's Health.' 1999. Blackwell Publishers.
STREET CHILDREN’S FREEDOM AND AUTONOMY:

Street children do not enjoy the self-respect that she considers essential for the exercise of
freedom because of the stigma from which they suffer and their social and economic conditions
of poverty and helplessness. Nor do they have the educational opportunities that would enable
them to recognize the options available to them in determining their future. As such, they
cannot exercise choice in any meaningful sense of the word. Freedom of the will may itself be
the result of a favourable upbringing and social conditions. We may believe that a human being
is free, if ever, when she not only has a range of options but an education that enables her to
recognize those options as such and the self-respect that makes her choice among them a real
one. Ignorance, lack of imagination, and lack of self-respect are not just external constraints on
the range of your options: they can cripple the power of choice itself6.

Freedom can only be exercised in situations in which individuals have the capability to reason
and act autonomously in an informed manner, without constraining influences such as
drugs/inhalants, coercion and intimidation, and their own limited cognitive and emotional
development to constrict their understanding of the choices before them, and the short and long
term consequences of those choices. They must be able to think and judge potential choices
critically.The concept of a person is intimately bound up with agency. A person is one who
envisages and initiates actions . . . to initiate an action is to have a kind of causal independence
that arises out of the subject's having his own understanding of the nature and significance of
his behaviour, and from that understanding's being causally necessary to the agent's
performance7.

Street children are rarely in a position to initiate such actions, and often allow their emotions
and impulses to dominate their judgments. In the lives of street children, their almost total lack
of access to schooling precludes their adequately developing their practical reasoning skills.
Street children are socialized on the street, primarily by their peers; their socialization process
emphasizes the acquisition of survival skills, not education and capabilities development.
Therefore, we emphasizes the need for government agencies to offer structured programs to
protect street children and realize their human rights and their right to life, above all.

6
Korsgaard, 60- Korsgaard, Christine. (1993). 'Capability and Well Being' in Nussbaum et al.
7
Benn, 124- Benn, Stanley. (1988). A Theory of Freedom. Cambridge: Cambridge University Press.
According to Shyli Karin-Frank, a philosopher, 'Privacy, in general, and home, in particular,
are among the conditions without which responsibility, autonomy, and individuality are mere
postulates or abstract ideas8. . ."I Karin- Frank argues that healthy human development cannot
be achieved without having access to privacy and the freedom of thought, conscience, and
action that such privacy provides. The lack of privacy that street children experience often
makes them subject to physical and verbal abuse and stigmatization.Without privacy, an
individual feels that his identity and ability to determine the course of his life is interfered with
by others. Karin-Frank states that,

'Being subjected to constant intrusion has been shown to be destructive for the individual's
dignity and autonomy9.' Moreover, she argues that privacy is needed, 'for the development of
awareness of free choice in life...' The moral development of the child, a right that the CRC
guarantees, cannot be actualized then, if children do not enjoy sufficient privacy. Maslow
defines the safety needs as: security, stability, dependency, freedom from fear, anxiety and
chaos; need for structure, order, law, and limits; and strength in the protector10.. ." Life on the
street offers none of these needs because it is inherently unstable and insecure. Relationships
on the street are extremely fluid, power dynamics change, and there are few individuals who
ensure a child's safety while he lives on the street11. UNICEF's analysis of the CRC also
emphasizes the importance of recognizing the child's autonomy. But unlike Bar-On, it does not
define autonomy in a reductionist manner that essentially means the exercise of any choice,
irrespective of the personal and environmental conditions in which that choice is made. It
challenges Bar-On' s claim that a child living on the street can achieve an adequate standard of
living for his mental, spiritual, moral and social development as stated in Article 27 of the CRC
and that for this reason, a child's choice to live on the street must be respected. Instead, it
emphasizes the importance that the concept of the child's autonomy be understood holistically,
within the context of the protection of the child's right to life and to a nurturing home and
school environment that will foster his development. 'It has placed the child at the centre of the
equation, on behalf of whom and because of whom decisions must be taken and taken in a
particular direction12.'

8
Karin-Frank, 202.- Karin-Frank. (1999). 'Homelessness, the Right to Privacy, and the Obligation to Provide
a Home,' in Abbarno et al.
9
Karin-Frank, 205-206- Karin-Frank. (1999). 'Homelessness, the Right to Privacy, and the Obligation to Provide
a Home,' in Abbarno et al.
10
Maslow, 84-89- Maslow, Abraham. (1954). Motivation and Personality. New York: Harper and Brothers.
11
Maslow, Abraham. (1954). Motivation and Personality. New York: Harper and Brothers.
12
Santos Pais, 11- Santos Pais, Marta. 'A Human Rights Conceptual Framework for Unicef.' UNICEF
Thus, respecting a child's autonomy does not mean simply deferring to a child's choices, even
if these are detrimental to his well being and may harm his capacity to realize his human rights
in the long term. On the contrary, it may necessitate altering his choices, if these choices are
harmful ones. Decisions sometimes must be made on behalf of children, when children are not
in the position to make fully informed decisions. Respecting a child's autonomy means
respecting his right to the fullest development of his person.

SERVICE PROVISIONS FOR STREET CHILDREN:

In work with street children, and to a certain extent with working children, there is a tendency
for projects to concentrate on providing services - food, health care shelter and education. The
soup kitchen and the orphanage, both nineteenth century solutions, are seldom far from
people’s minds when they think of homeless and working children. But giving handouts of
various kinds is only a short-term solution, a kind of first aid, and it can create dependency13.

On the other hand, it is not possible to direct project activities only towards development and
prevention. You cannot ignore children who are in danger, for long-term solutions (IHRLPG,
2003). In a sense, street and working children are permanent refugees, they need immediate
help, but this will be of maximum benefit to them if it is planned so that it will become part of
a long-term development solution14.

Drop-in-Centres-------- Shelters create alternative environment for children whose lives are
difficult. They are places where children can feel relaxed and comfortable, safe and looked
after. They are not places for regimentation, hierarchy and authority. They are places where
children can talk to each other, knowing that they will be both listened to and heard. They are
not places where they will be talked at or preached to even though there should be places where
there may be relationships. Shelters should not resemble remand homes or orphanages, where
children saythey feel like prisoners15.

Innocenti Essays no. 9.

13
Vilas Ujgare (1999), the problem of juvenile delinquency with reference to its prevention,
control, and rehabilitation in the state of Maharashtra.
14
Subrahmanyam Y S and Sodhi P (1990), Psycho - Social Profile of Street Children, Child
Porter, the Indian Journal of Social Work, L 1,4.
15
My Name is Today (2006), Children in News, A Quarterly Selection of News Clippings on
Children, Vol XIII, 2005, This issue supported by ICCO, Netherlands.
Shelter---------

The objectives of a shelter are to provide safety, security, health care, nutrition and education
for the street child without encouraging the child to become dependent either on the shelter or
the organization that runs it. People responsible for this kind of shelter must closely interact
with the street child. They must create situations where such children can come together and
get the attention they badly need; they must also strengthen and constructively direct their
independence, while encouraging interdependency (My name is today, 2006, Pattabhirama
Reddy, 1999). It is common to think that all institutionalized services for children provide
uniform facilities and services. However, evidences show that they are not uniform16.

I. Storage facilities for working materials, clothes, personal belonging and money

Dl. Washing facilities for clothes and bodies

HI. An opportunity for rest

IV. Sleeping facilities

V. Recreation and play opportunities

VI. Food and cooking facilities

VII. Meals

VIII. Health services

IX. Health education

X. Sheltered work opportunities

XI. Education

XII. Skills training

Xtn. Counselling

Giving food to orphan children is inevitably linked with the pathetic image of Oliver Twist.
Too often food is distributed as an act of regimented charity for which children are made to
feel grateful and is of very basic quality and dubious nutritional value. Many street children are

16
Rizzine, Irene, (1992), Childhood and urban poverty in Brazil, street and working children and
their families Florence, Italy, Unicef, International Child Development Centre, Spedaledegli
Innocent, Series title, Innocent occasional papers, Urban child series, UCS 3.
not hungry; they are able to buy their own food from their own income or to beg reasonable
food from restaurants.

Basic Education-----

Basic education encompasses both tools of literacy and problem solving besides content, which
includes as knowledge, values and attitudes. Some education systems have developed
programmes for non-formal education to complement school-based learning and many projects
make use of this material.

Non-formal education classes are held when children are able to attend, at the end of the
working day, at weekends or other holiday times.

The classes are genuinely free unlike state schooling which entails hidden costs of uniforms,
books and registration. They also often include other services, such as giving a meal or at least
snacks. If non-formal education takes place outside normal school hours, it may be able to
make use of the existing school building. Teachers may be volunteers, often from the local
community17.

Family Reunification (Repatriation)

Street children looking for alternatives to closed institutions such as orphanages, naturally think
about trying to reunite with then- own families. This would always be the preferred choice.
However, life has a way of being very unequal indeed and a few projects have achieved much
success with this option. If family reunification is a chosen option, the project should establish
with families what children would do when they get back home. Will they go to school, find
work or help with family task; much will depend on the opportunities available locally. So, this
entails work with the whole community, giving particular emphasis to its children.

Advocacy and Campaigning

While service provision meets immediate needs and community work address long-term
problems, advocacy and campaigning confront the root causes of the problems such as
experienced by street children. The best kind of advocacy and campaigning involves children
in defining their own problems and being helped to put forth their own case.

17
Gazette of Inida (2003), Dept, of HRD, National Charter for Children.
It aims to inform and educate public and policymakers and to bring about changes that will
improve children’s lives18.

Child Participation

In an ideal situation children should participate at all levels of project planning, operation and
evaluation. They should be part of each process from the beginning. However, this is the goal,
and as such will not be totally possible in the early planning stages. After all, it is adults who
first saw the children working or on the street and decided to do something about it19.

Street Educators

There is some mystique attached to staff working on projects dealing with street children. Much
of this is associated with what are called ‘street educators’ a term associated with the Latin
American non-institutional model of street children project. Street educators contact children
on the streets and encourage them to be involved in project work. In reality, their role is more
of contacting and befriending, often including health services and counselling than educating20.

National Institution for Child Protection (NICP)

National Institution for Child Protection (NICP) is a campaign initiated by the Ministry of
Social Justice and Empowerment through National Institute of Social Defence (NISD) and
CHILDLINE India Foundation. “To every child a childhood” is the vision of NICP. It hopes
to achieve this by facilitating a clear understanding of Child Rights and Juvenile Justice Act
2000 among the members of allied systems, NGOs and others. NISD carries out intensive
training and capacity building programmes for different level of functionaries working under
Juvenile Justice System in the country21.

18
Hyderabad Council of Human Welfare (HCHW) -A P (2007), MARG, A path for children in difficult
circumstances, Hyderabad.

19
Hyderabad Council of Human Welfare (HCHW) -A P (2007), MARG, A path for children in
difficult circumstances, Hyderabad.
20
NISD (2004) Training manual for Street Educators, UNICEF.
21
NISD (2002), Drag Abuse, Summaries of Research Studies Sponsored By Ministry of Welfare,
Published by the National Institute of Social Defense, Ministry of Welfare, Government of India,
New Delhi.
CHILDLINE -1098

CHILDLINE is a 24 hours free phone service initiated by the Ministry of Social Justice and
Empowerment in 1998 - 99. A child in distress or an adult on his behalf can access the service
by dialling the number 1098 on telephone. It provides emergency assistance to a child in
distress and subsequently based upon the child’s need, the child is referred to an appropriate
organization for long-term follow up and care. The CHILDLINE service is currently in 93
cities22.

National Charter for Children

The Government of India have had for consideration the question of adopting a National
Charter for Children to reiterate its commitment to the cause of the children in order to see that
no child remains hungry, illiterate or sick. After the consideration, it has been decided to adopt
the National Charter for Children enunciated below (UNCRC, 2002)

❖ The State can make special provisions for children (Art 15 (3)).

❖ The State shall provide free and compulsory education to all children of the age of 6 to 14
years (Art 21 A)

No child below the age of 14 years shall be employed to work in a factory, mine or any other
hazardous employment (Art 24)

❖ The tender age of children is not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength (Art 39 e)

❖ And that children are given opportunities and facilities to develop in a healthy manner and
in conditions of freedom and dignity and that youth are protected against exploitation and
against moral and material abandonment (Art 39 f)

❖ It is a Fundamental Duty of a parent or guardian to provide opportunities for education to

his child or ward between the age of six and fourteen years (Art 51 A)

22
Child line India Foundation (2008), Listening to children, an over view to Child line traces the
evolution of India’s first helpline for children. It examines the model created for Child line in a
developing nation like India, and illustrates the need for children’s voices to be heard and be
acted upon, Private circulation, Mumbai.
❖ Through the National Policy for Children, 1974, we are committed to providing for adequate
services to children, both before and .after birth and throughout the period of growth, to ensure
their full physical, mental and social development.

❖ The best interest of children must be protected through combined action of the State, civil
society, communities and families in their obligations in fulfilling children’s basic needs.

♦> While State, Society, Community and Family have obligations towards children, these must
be viewed in the context of intrinsic and attendant duties of children and inculcating in children
a sound sense of values directed towards preserving and strengthening the Family, Society and

the Nation. In accordance with our pledge in National Agenda of Governance, the following
National Charter for Children, 2003 is announced. Underlying this Charter is our intent to
secure for every child its inherent right to be a child and enjoy a healthy and happy childhood,
to address the root causes that negate the healthy growth and development of children, and
awaken the conscience of the community in the wider societal context to protect children from
all forms of abuse, while strengthening the family, society and the Nation.

THE SITUATION OF STREET CHILDREN IN INDIA:

India is constitutionally committed to an all sided development of children. In the Directive

Principles of the State Policy of the constitution of India, it is provided that the state shall direct
its policy towards securing that the children are given opportunities and facilities to develop in
a healthy manner in conditions of freedom and dignity, and that childhood and youth are
material abandonment (Article 39). Article 24 proclaims that no child below the age of 14 years
shall be employed to work in any factory or mine or engaged in any other hazardous
employment. Article 45 provides that the state shall endeavour to provide within a period of
ten years from the commencement of the constitution free and compulsory education for all
children until they complete the age of 14 years (JJ Act, 2000). All these constitutional
provisions related to children’s survival, development and protection have been made a part of
the National Policy. The National Policy for children, 1974 seeks to provide adequate services
to children before and after birth and through the period of growth to ensure their full physical,
mental and social development. Further, the National Policy on child labour was presented in
the Parliament in 1937 which envisages a three – point policy whose ingredients are: a legal
action plan, a focus on the welfare measures for working children and their families, and a
project based plan of action.
Under the legal action plan, emphasis would be placed on the strict and effective enforcement
of the various Acts related to working children such as the child labour (Prohibition and
regulation) Act, 1987; the Factories Act, 1948; The Mines Act, 1950; The Plantation Labour
Act, 1951, etc., The policy also envisages the utilization of various programmes for the benefit
of child labour and their families. The existing welfare programmes in the areas of education,
health, nutrition and employment for the poor are to be used to create socio economic
conditions in which compulsions of early employment could be diminished and children could
be encouraged to attend schools. The project based plan of action is aimed at taking up special
measures in the areas of high concentration of child labour in the hazardous occupations. In
these areas, special schools would be set up for child workers to provide them education and
vocational training, supplement nutrition, health care, etc., If necessary, stipends would also be
given to children withdrawn from the labour force to compensate them for the loss of their
earning23.

The only principal agencies, which are responding to the problems of street children in India,
are the Non-government organizations (NGOs), which are involved in programmes and service
delivery for street children in India with varying approaches and strategies. They are:
Bangalore Onlyavara Sena Coota; Jaya Rajendra Rag pickers project, Bangalore; Vatsalaya
Project of the College of Social Work, Nirmala Nikethan, Bombay; Prema Seva Sadan Open
House, Hyderabad; Missionaries of Charity, Calcutta; Ashalaya, Calcutta; Cochin Project,
Cochin; Butterflies, New Delhi; Catch, Visakhapatnam; etc., The central and state governments
have yet to incorporate street children among the various categories of children for whom the
Social Welfare Department implements the programmes. The street children are primarily a
phenomenon of the metropolitan cities. Whatever the sources of their entry in cities, street
children end up in urban areas. But, as of today, the Municipal Corporations do not have the
information about the magnitude and dimensions of the problem and the pity24.

23
Rane Asha J (1994), Street children, a challenge to the social work profession, Tata Institute of
Social Sciences, Mumbai.
24
Rane Asha J (1994), Street children, a challenge to the social work profession, Tata Institute of
Social Sciences, Mumbai.
Is that basic service such as health, nutrition, recreation, etc., are not sensitized with a view to
adopting them for facilitating access to the street children. The public at large are not aware of
the problem. On the contrary they perceive the street children as pests, rogues, delinquents and
parasites of our society. Such a perception on their part fails to recognize these children who
have lost their valuable childhood and are contributing to the city dwellers by providing cheap
labour. Of course, mass media is playing the role of sensitizing the public on issues and
problems related to street children. It appears that whatever active action has been taken on the
part of the NGO’s the Government and municipal corporation’s efforts give a dismal reading.25

Academic researchers have produced a great deal of empirically sound scholarship on child
labour abuse in India. Similarly, there are innumerable studies of school dropouts, who they
are, why they leave, what they subsequently do. These research finding appear in scholarly
journals but unfortunately those seeking to bring about required changes (ILO, 2004). Do get
acted upon by the organisations concerned, including the governmental institutions.

The problem of street children in urban India thus is very complex and acute, and therefore
calls for immediate, suitable, and feasible policy action to bring these children back into the
normal system. Very little work has been done exclusively on the problems and situation of the
street children in our country covering all the above dealt aspects in its holistic perspective
(Rizzine, Irene, 1992). The study it is hoped, would be of help to planners, administrators and
policy makers in providing them with sufficient knowledge and information about the street
children and in carving out suitable schemes and programmes not only for welfare and
rehabilitation of these children but also for possible and feasible preventive strategies to contain
the problem.

25
Rao B V R and Malik B (1992), National Situational analysis of child, labour, NOIDA, Uttar
Pradesh, p. 49.
As mentioned above, because there is difficulty in defining street children, it follows that
definitions may result in being either helpful or unhelpful (Aptekar, 199426). Aptekar (1988)27
points out that the term ‘street children’ tends to carry very strong emotional overtones
(Aptekar, 1988) and because every aspect of their lives is exposed to the public gaze - their
physical appearance, their way of life and their behaviour - conflicting emotions of pity,
disgust, horror and disapproval among the public has resulted.

Williams (1993) has pointed out the irony of this as the term ‘street children’ was initially
coined by international agencies in order to avoid any negative stereotypes of street children28.

In spite of the achievements of the past 10 years in certain areas of reform, the challenges
relating to the promotion and protection of child rights in the region remain considerable. The
following six themes have been chosen as being particularly relevant to street children, and are
examined in more detail later in the report: urban poverty; housing / homelessness; access to
basic healthcare and education; child labour; sexual abuse, exploitation and trafficking. These
challenges are interrelated and interdependent, and are both causes and consequences of
problems faced by children living and working on the streets. They are symptomatic of
increasing social, economic and cultural marginalization of children affected by extreme
poverty. This marginalization is compounded by the phenomena of rapid population growth,
and rapid and uncontrolled urbanization in many countries in the region. The swelling numbers
of children living and working on the streets in South Asia are the result of multiple unmet
needs and unfulfilled rights of children. The challenges need to be addressed are great and must
therefore be met with equally great concrete commitment by both governments and civil
society29.

Urbanization in South Asia, the home of nearly 350 million urban dwellers and six of the
world’s largest cities, is a kaleidoscopic amalgam of affluence and poverty. Urban poverty is
being fuelled by uncontrolled population growth and lack of pro-poor economic policies and
investment, resulting in unemployment and shift of populations from rural areas.

26
Aptekar, Lewis (1994), Street children in the developing world, a review of their condition,
Cross-Cultural Research, Vol. 28, No 3, pp. 195-224.
27
Aptekar (1988), Colombian Street Children, Gamines and Chupagruesos, Adolescence, Vol.
24, No. 96.
28
William (1993), Protecting working children, London, Zed Books Ltd.
29
UNICEF (2004), Prevalence, Abuse and Exploitation of Street Children (PDF report).
The most rapid rates of urbanization in the region are to be found in Bangladesh, Nepal and
Pakistan, while Sri Lanka, due to sound population policies pursued for over six decades, has
been able to keep its urban growth rate within manageable limits. The proportion of slum
dwellers in major South Asian cities ranges from 23% in Karachi to 62% in Kolkata. A third
or more of the world’s urban poor live in this region. Of them, three-quarters are children,
women and young people. In many parts of the region, up to half of the urban population lives
in unauthorized makeshift habitats. Most of them live in slums and shanties. The un-stemmed
growth of urban poverty, while stimulating the demand for resources, is also causing rising
unemployment and is putting tremendous pressure on urban infrastructure and physical
environment, causing city services to crumble. With over 30 per cent of South Asia’s
population currently living in urban areas, the achievement of global goals set by various World
Summits of the 1990s will fall short of the planned targets unless the conditions of the urban
poor are improved rapidly30.

STREET CHILDREN AND THE SOCIETY:

The Juvenile Justice (Care and Protection of Children) Act of 2015 is concerned with children
in two broad categories: those in need of care and protection, and those in conflict with the law.
Street children may fall within both categories simultaneously, as children who are not
provided with care and protection may end up in conflict with the legal system.

The United Nations Organisation (U.N.O) declaration of Human Rights dated 10-12-1948 is
the first venture to come out with proper and suitable solution to redress the problems of the
street children. The U.N.H.R (United Nations Human Rights) paved the way to this serious
socio-legal issue and all the nations in the world adopted the policies, rules and regulations for
implementation in the right direction. The efforts of U.N.O are laudable and commendable for
all the reasons to highlight the sufferings of the poor, helpless and innocent street children in
India and the world over. In fact it is considered as a universal problem thereby attracting the
attention of developed nations who are caught up with the problem. The declaration of Human
Rights categorically defined and issued necessary guidelines to save them from all miseries
which indeed is highly appreciable and noteworthy. Many member nations including India
have taken a serious note of it and accordingly implemented in all sincerity.

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CINI-ASHA, (2007)
The fundamental rights in Part-III and Directive Principles of State Policy in Part-IV of the
Constitution of India provided for the rights of the street children in free India and the duty of
the state and central governments to take up welfare measures for the upliftment of them. Such
is the importance given to the street children in India. There are several other legislations which
highlight the need, urgency and scope not only on the study of the problems of the street
children but also providing suitable alternative measures to enable them to get rid of the
miseries and step into a new life.

In order to better understand and appreciate the study on the street children, it is very important
and pertinent to know the meaning, definition of the term “Street Children”. It is a term for
children experiencing poverty (homelessness) that are living on the streets of a city and selling
their body to strive. Street kids and Street youth, the definition of street children is contested,
but many practitioners and policymakers use U.N.I.C.E.F (United Nations International
Children’s Emergency Fund) concept of boys and girls aged under 18 years old, for whom
“The Street” (including unoccupied dwellings and wasteland) has become home and / or their
source of livelihood and are inadequately protected or supervised.

Some street children, notably in more developed nations are part of a subcategory called
destitute children or thrown away children, who are children those who have been forced to
leave home from single parents. Street children are often subject to abuse, neglect, exploitation
or the extreme cases, murder by “Clean up squads” that have been hired by local businesses or
police. In western societies, such children are treated as homeless children rather than criminals
or beggars.It is also important to note that the term “Street Children’ also include individual
girls and boys of all ages are found living and working in public places and are visible in the
great majority of the world’s urban centers.

If one tries to trace out the background, the phenomenon of street children has been documented
as far back as 1848. Alan Ball, in the introduction to his book, on the history of abandoned
children has been as source of misery from the earliest times. By 1922 there were at least seven
millions homeless children in Russia due to the devastation from World War-I and the Russian
Civil War. Abandoned Children formed gangs created their own argot and engaged in petty
thefts and prostitution.
The causes of this phenomenon are varied but are often related to domestic, economic or social
disruption including , but not limited to, poverty, breakdown of homes and or families; political
unrest, authorization, sexual , physical or emotional abuse , domestic violence, lured away by
pimps, internet predators or begging syndicates, mental health problems, substance abuse and
sexual abuse.

It is evident that street children are not born so but the society is responsible for such a shameful
act, as the saying goes “Criminals are not born but made” which is true even in the case of
street children. Several instances have come to light where highly educated and affluent family
members abandoned children to cover up the dark side of their lives. Is it the fault of such
children? What sin have they committed to dawn on the earth? Whom to blame? This is not
the case in India, even the western countries are no better in this regard. Of course the street
children should bear the brunt of this even without their knowledge or consent. Does it not look
strange? Whom to blame? Unless the society changes its outlook and wise counsel prevails on
them, this evil practice continues and no solace is found to the street children.

It is a common sight to find at the Bus Stands, Railway Stations, and Traffic Signals etc. women
carrying infants and begging. These days the under passages of the flyovers, metro corridors
have become their dwelling places. The pavement dwellers in the metro cities are no exception.
The famous “Olga Tellis” case31, speaks volumes about the social responsibility, where a
voluntary organization took up the case against Bombay Municipal Corporation for evicting
them overnight without providing any alternate arrangement. The Supreme Court of India, in
this case reprimanded the corporation for their callous attitude towards the unfortunate section
of the people. In another case of Bandhu Mukthi Morcha32, again another voluntary
organisation filed case against an employer for forcing street children to become bonded
labour. The Supreme Court appreciated the efforts of the petitioner for espousing social cause.

Children living on and off the streets such as shoeshine boys, rag pickers, newspaper vendors,
beggars etc; the problem of street children is somewhat different from that of child labour in
factories and workshops. For one thing, most children have some sort of home to go back in
the evenings or nights, while street children are completely above and are at the mercy of their
employers. They live on the pavements, in the bus stations and railway stations.

31
Olga Tellis Vs Bombay Municipal Corporation, P.No:85 SCC (3)545
32
Bandhar Mukthi Morelia Vs U.O.I 1984. SC.802
They are at the mercy of urban predators as also the police. They have no permanent base and
are often on the move. So their problem is more acute than that of children working in a factory
and living at home.The problem of street children is universal as such needs greater attention
to tackle the same for the wellbeing of the society. Needless to say United Nations,
International Legal Organisation (I.L.O) have studied this problem in depth and initiated drastic
steps which all the member nations followed in verbatum. Still much needs to be done
considering the growth of street children in all parts of the world including India. Undoubtedly,
the street children, who form considerable proportion of the world population, are also human
beings so need to be cared and protected by all means.

Louis Henkin in his book “The Ages of Rights” defines Human Rights; “Human Rights are
rights of individuals in society. Every human being has legitimate, valid, justified claims upon
his or her society.” Section 2(1)(d) of the Protection of Human Rights Act 1993 defines
“Human Rights: Human Rights mean the right relating to life, liberty, equality and dignity of
the individual guaranteed by the Constitution or embodied in the International covenants and
enforceable by the courts in India. The definition given in Sec.2 (1) (d) is not exhaustive. It
should be read with the rights enunciated in various international covenants such as the
Universal Declaration of Human Rights 1948, the Geneva “Red Cross” conventions 1949;
Helsinki Declaration 1975; the International Covenant on Civil and Political Rights 1966 etc.

Manorama year book “Human Rights are those that individuals have by virtue of their existence
as human beings. The right to life itself and the basic necessities of food and clothing may be
considered fundamental human rights. Human Rights traditionally have been put in the
categories natural rights and civil rights. Natural rights are those that belong to individuals by
virtue of their humanity; the right to remain alive; to sustain life with food and shelter and to
follow the dictats of their conscience.

UPHOLDING THE RIGHTS OF THE CHILD BY THE JUDICIARY:

From the Seventh Five Year Plan (7th Five Year Plan) onwards, the judiciary and the Supreme
Court too have played an active role in upholding the rights of the child. The concept of “Social
action litigation” in India represents an effort to use the legal system to ensure action to realize
constitutionally guaranteed rights. Some of the most important examples of social action
litigation for children are the following cases, each of which has been a landmark in the process
of ensuring children’s rights.
(a) Lakshmikant Pandey Vs U.O.I (A.I.R 1984, SC 469; A.I.R 1986 SC 276; A.I.R 1987 SC
232) on adoption of children.

(b) Shiela Barse Vs U.O.I (A.I.R 1986, SC 1883; A.I.R 1988 SC 2211) on trafficking of
children.

(c) M.C,Mehta Vs State of Tamilnadu (JT.1999 SC 263) on problem of child labour.

(d) Vishal Jeet Vs U.O.I (1990(3) SC 318)) on problem of child prostitution.

(e) Unnikrishnan Vs State of Andhra Pradesh (1993 (1) SC 645)) on education of children.

(f) Gaurav Jain Vs U.O.I (1997 (8) SC 114)) on problems of prostitution and children forced
into prostitution.

(g) Gita Hariharan Vs R.B.I (1999.2.SC 228) on guardianship.

(h) Center for Enquiry into Health and Allied Themes (C.E.H.A.T) & others Vs U.O.I (2000
SC 301)

In accomplishing the milestones, both at the national and international level, the non-
governmental and civil society organizations have played an equally important role. The media
too has played a critical role in shaping public opinion and creating awareness. The
Government of India and UNICEF collaborative initiatives over the years have focused on
enhancing the capacities of the electronic and print media personnel in Ministry of Information
and Broadcasting so as to integrate and reprint issues concerning children and their rights
effectively. As a result the media is gradually focusing on children’s issues in a qualitative way.

India is a home to more than 400 million children who are below the age of 18 years. Children
in India represent diverse cultures, religions, castes, communities and economic groups33.

The efforts of National Human Rights Commission (N.H.R.C) are indeed laudable in
identifying, studying, analyzing the problem of street children across the country and taking up
remedial measures in consultation with various authorities, agencies etc.

Very recently the police department officials with active participation of the media successfully
rescued around 22 boys below the age of 12 years in the old city of Hyderabad, Telangana

33
Savita Bhakry, N.H.R.C, “Children in India and their rights”
State, all of whom and were brought from Bihar, to work in oil industry, (clandestinely), under
miserable conditions. The police department later boarded them in trains, accompanied and left
them in Bihar. Is it not such a touching, pathetic story or incident happening even today? There
may be several such incidents across the countries which have not been focused in the media
or print for obvious reasons.

It is not out of place to mention herein the famous case of “VILAGARAN MORALES ET AL
V. GUATEMALA” (The Street Children Case, Inter-American Court of Human Rights) for
International Human Rights Law, which clearly establishes the significance of the role of the
government (states), the judiciary and other agencies in making all efforts to view this problem
in all seriousness and curb the menace with an iron hand in order to bring a new life to the
street children and erase the stigma cast on them in the society. My endeavour through this
paper is to bring home the implications in the social case in India is all fairness for a social
cause.

CONCLUSION :

Although living conditions on the street are poor, and morbidity rates of street children
extremely high, there is still hesitation on the part of government agencies to take children off
the street and place them in a more stable and secure living environment. This generally
cautious attitude is in part, appropriate. Certain forms of coercion are highly ineffective and
often entail the violations of the human rights of street children. But, recognition that such
forms of coercion are neither ethical because of their failure to respect children, nor effective,
because the children almost always return to the streets when aggressively forced into shelters,
does not absolve the government of its responsibility to realize the human rights of children.
The concern of government agencies to avoid coercion of street children is justified. But it also
leads to inertia and a misunderstanding of the difference between legally sanctioned, and even
legally required coercion (such as ensuring that children attend school and live in a safe
environment), with forms of coercion that are illegal and morally reprehensible, such as
arbitrary arrest and detention. These forms of coercion should not be conflated, and it is equally
essential that the former be accepted, and the latter rejected .

There is a significant academic literature that, while claiming not to romanticize the street, in
effect, does so. It focuses on the capacity of street children to survive on the street in the short
term, showing little care for their-long term development and the negative psychological and
physical health consequences of street life. It portrays them as being able to develop a sense of
dignity and self-esteem in a context that is indifferent at best and, more commonly, hostile and
retarding of development. It does not define a minimal criteria for freedom, ignoring their
social and economic rights, particularly those to formal educational schooling and safe
accommodation by arguing for the acceptability of the street, instead of challenging the
government agencies that are responsible for their well being to insure that street children, like
all children, have access to schooling and social support. Allowing children to live on the street
does not show respect for their preferences, rather, it shows a lack of appreciation for the harsh
reality of their lives. Their 'preferences' are typically adaptive and deformed-they are largely
predetermined by the structural deprivations and pathologies of street life and thus the 'choices'
that they make cannot be considered to be choices made under conditions of freedom.

Therefore the state, N.G.O’s, voluntary organizations, individuals, social activists who come
forward and take up this task need to be mentally and physically be prepared for any
eventuality. The action being countrywide great care should be taken at every stage right from
the beginning of the action till the end of the plan; else the entire exercise becomes futile and
unworthy.

The following conclusions are drawn up for effective action plans:-

1. The guidelines of world conference on the rights of the child should be followed in better
and spirit.

2. The U.N.I.C.E.F and N.H.R.C recommendations need to be given weightage for strict
implementation of the programmes and schemes.

3. Human Rights Education Centers should be established throughout the country starting at
the Mandal or Taluk level and awareness programmes need to be conducted giving , wide
publicity holding public meetings, street level group discussion with village elders, conducting
film shows, mock drills, dramas, audio-visual programmes etc; highlighting the importance,
need to provide, care and protection of the street children.

4. State governments to allocate sufficient budget to carry out this magnificient and gigantic
task for a noble and social cause.

5. The judiciary needs to review the decisions and alert the authorities concerned to initiate
appropriate action against the defaulters.
6. Media has to play an important role in this regard which is a very powerful weapon and
vociferous in action, especially in the matters relating to the social evils. Media does wonders
when it comes to fight against ant-social elements and supporting the governments for all the
rightful actions.

“A Child is an asset to the nation, so is the duty of the citizen to protect them”

SUGGESTIONS:

Nussbaum argues in Women and Human Development that the way to measure the quality of
life of an individual is by evaluating the extent of his capabilities. A person living in an
environment that frustrates the acquisition and development of these capabilities, such as a
child living on the street, is unlikely to enjoy a high quality of life. Nussbaum has developed a
list of capabilities that are essential to the promotion of human rights and well being:

1. Life -A reasonable life expectancy not cut short by disease or malnutrition.

2. Bodily Health -Nourishment and shelter.

3. Bodily integrity-Freedom from abuse, freedom of movement.

4. Sense, Imagination and Thought-Educational opportunity and capacity to pursue the arts.
Being able to search for the ultimate meaning of life in one's own way.

5. Emotions-Not having one's emotional development blighted by overwhelming fear and

anxiety, or by traumatic events of abuse or neglect.

6. Practical Reason-Being able to form a conception of the good and to engage in critical
reflection about the planning of one's life.

7. Affiliation-Having the social bases of self-respect and non-humiliation; being able to be

treated as a dignified being whose worth is equal to that of others.

8. Other Species-Being able to live with concern for and in relation to animals, plants, and the
world of nature.

9. Play-Being able to laugh, to play, to enjoy recreational activities.

10. Control over One's Environment-Freedom from unwarranted search and seizure34.

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Nussbaum, 78-81.- Nussbaum, Martha. (2000). Women and Human Development. Cambridge: Cambridge
University Press.
These capabilities are a holistic guideline for assessing the social conditions of street children.

Poverty is seen to be the leading cause for their being on the streets. While most of the children
lived under parental guidance, receiving some care and security, all nevertheless faced
hardships and challenges every day. The outlook of parents and society is changing, with an
increase in girl-child education and a reduction in gender disparities. Initiatives by the United
Nations, NGOs like Save the Children India, and government initiatives like the Integrated
Child Protection Scheme are not only helping in creating awareness but are also attempting to
reverse the continuing increase in the number of vulnerable children in the nation. A “holistic
service structure” for the protection of all children has been the new approach of all
stakeholders (Save the Children India & PwC India, 2015, p.141.)