India Removed from the Report on Children and Armed Conflict

• 29 Jun 2023

Why in News?

For Prelims: Report on Children and Armed Conflict, UN General Assembly (UNGA), Juvenile Justice Act, 2015, Protection of Children from Sexual Offenses (POCSO) Act

For Mains: Steps Taken by the Indian Government to Protect Children, Global Conventions Related to Children and Armed Conflict, Impact of Armed Conflict on Children

First time since 2010, the United Nations Secretary-General has removed India from the 2023 report on Children and Armed Conflict in view of measures taken by the Indian government to protect children.

• India was previously accused of recruiting and using boys in armed groups in Jammu and Kashmir (J&K). In 2022, a higher number of violations against children were confirmed in J&K.

What is a Report on Children and Armed Conflict (CAAC)?

• Background:
  • 25 years ago, in December 1996, the UN General Assembly (UNGA) took the unprecedented decision to create a mandate to protect children from hostilities and adopted resolution 51/77 which created the CAAC mandate.
    • 51/77 resolution recommended that the Secretary-General appoint for a period of three years, a Special Representative on the impact of armed conflict on children.
• Objective:
  • Strengthen the protection of children affected by armed conflict, raised awareness, promote the collection of information about the plight of children affected by war and foster international cooperation to improve their protection.
  • The report also mentioned the detention, killing, and injuring of children by security forces.
• Recent Observation:
  • Among the various types of violations, the highest numbers were reported for the killing of 2,985 children and the maiming (wound or injured) of 5,655 children, totaling 8,631 affected children.
    • This was followed by the recruitment and use of 7,622 children and the abduction of 3,985 children. Additionally, children were detained either for their actual or alleged association with armed groups (2,496), including those recognised as terrorist groups by the UN or for reasons related to national security.
  • Countries recording the highest number of violations were the Democratic Republic of the Congo (DRC), Israel, the State of Palestine, Somalia, Syria, Ukraine, Afghanistan, and Yemen.

What are the Steps Taken by the Indian Government to Protect Children?

• In J&K, many systems were lacking or ineffective in the past including the Juvenile Justice Act, 2015 was not enforced, and the juvenile homes in India were not operating effectively.
  • However, measures have been taken to address these issues, including the establishment of infrastructure such as Child Welfare Committees, Juvenile Justice Boards, and Child Care Homes under the JJ Act, 2015.
• Several measures recommended by the UN have already been implemented or are currently underway in India. Training programs for security forces on protecting children have been conducted, and the use of pellet guns has been suspended.
  • Additionally, the Juvenile Justice Act and the Protection of Children from Sexual Offenses (POCSO) Act, 2012 are being actively enforced.
• The implementation of legal and administrative frameworks for safeguarding children and the improved accessibility to child protection services in Chhattisgarh, Assam, Jharkhand, Odisha, and J&K were also appreciated by the UNGA.
  • Furthermore, progress was acknowledged in establishing a J&K Commission for the Protection of Child Rights.

What are the Related Global Conventions?

• The recruitment or use of children below the age of 15 as soldiers is prohibited by both the UN Convention on the Rights of the Child (CRC) and the additional protocols to the Geneva Conventions.
  • The CRC says childhood is separate from adulthood, and lasts until 18; it is a special, protected time, in which children must be allowed to grow, learn, play, develop and flourish with dignity.
  • The Geneva Conventions and their Additional Protocols form the core of international humanitarian law, which regulates the conduct of armed conflict and seeks to limit its effects. They protect people not taking part in hostilities and those who are no longer doing so.
• The Optional Protocol to the CRC on the involvement of children in armed conflict further prohibits kids under the age 18 from being compulsorily recruited into state or non-state armed forces or directly engaging in hostilities.
  • Optional Protocols to human rights treaties are treaties in their own right, and are open to signature, accession or ratification by countries who are party to the main treaty.
• Recruiting Child Soldiers is also considered a war crime under the Rome Statute of the International Criminal Court (ICC).
• Also, the UN has identified the recruitment and use of child soldiers as among six “grave violations”. Other Five violations are:

Note:

• India is a party to the CRC and acceded to Optional Protocol in November 2005. The Constitution encompasses most rights included in the CRC as Fundamental Rights and Directive Principles of State Policy (DPSP).
  • Article 39 (f) states that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
• The Indian Penal Code (IPC) criminalises the recruitment or use in hostilities of persons under-18 years by state armed forces or non-state armed groups.
• Adults of age over 18 years are recruited in the Central Armed Police Forces (CAPF).

What is the Impact of Armed Conflict on Children?

• Killing and Maiming: Children are often directly targeted in conflicts, resulting in the loss of life and severe injuries. This includes incidents of intentional killing and acts of violence that cause physical harm or disabilities.
• Recruitment and Use: Armed groups exploit children by forcibly recruiting or coercing them into participating in hostilities. Children may be used as combatants, messengers, spies, or for other support roles.
• Abduction and Forced Displacement: Children are frequently subjected to abduction, where they are forcefully taken away from their families. Armed conflicts also lead to mass displacement, forcing children to flee their homes, schools, and communities, often experiencing trauma and separation from their families.
• Sexual Violence and Exploitation: Conflict situations increase the risk of sexual violence and exploitation of children. They become vulnerable to rape, forced prostitution, trafficking, and other forms of abuse.
• Psychosocial Impact: Children affected by armed conflict often experience severe psychological distress, including post-traumatic stress disorder (PTSD), anxiety, depression, and emotional trauma, due to exposure to violence, loss of loved ones, and the disruption of their lives.
• Denial of Humanitarian Access: In many conflict-affected areas, children face limited or no access to life-saving assistance, including food, clean water, healthcare, and shelter.
  • This denial of humanitarian access worsens their vulnerability. It also hampers efforts to provide essential services and support for their well-being and development.

Source: IE