Mission

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1942 - began a movement for liberation of India by

way of QUIT INDIA MOVEMENT. Years offight and sacrifice pave way for freedom.

1947 - 35 Crore Indians tasted freedom.

2010 - MISSION JUSTICE, a Peoplesmovement, launches a movement for freedom ofalmost 50 crore Indian Children, based on sameAhimsa and the same agenda for Independence.

ARE YOU FOR THIS FREEDOM?

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Mission

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by

Mission Justice (A movement inspired on QUIT INDIA MOVEMENT)

November, 2010

Serial No. 0002

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DisclaimerAll the matter is these slides has been compiled from various newspapers, news-clippings, Websites, Blogs and case laws.

We are not responsible in any error at the source document. If thematter, as reported in source document, has any errors, we take noresponsibility for the same. This presentation is almost replica of thematter, as reported in source document. We have not found any challengeto the source documents. Thus, we consider the contents as reliable andtrue.

The slide show is backed by a collection of news clippings and othersources. These can be inspected by any interested party with due notice ORwe will be publishing all the clippings in a pdf file format, in due course, tohave full transparency.

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WE DEMAND THE RIGHTS

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PreambleWhy are we concerned?

40% of India's population is below the age of 18 years whichat approx. 480 million is the world's largest childpopulation.

Less than half of India's children between the age 6 and 14go to school.

One in every thirty (3%) children is disabled in India.

74% of India's children below the age of 3 months and78.9% of 6 to 35 months are anemic.

More that 50% of India's children are malnourished.

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Preamble While one in every five (20%) adolescent boys is malnourished, one in

every two (50%) girls in India is undernourished.

58% of India's children below the age of 2 years are not fully vaccinated.And 24% of these children do not receive any form of vaccination.

There are issues like child labour, child begging, disability of children,improper care, neglect of children, child alienation, child sexualexploitation and many more issues. None feature in any election manifestoas this issue is purely service based and has no election or commercialvalue. This 40 % population is neglected by the Government.

If rights continue to be violated, then just imagine if only a fraction of this48 crore population revolt against society, to pick up arms, then we willhave the world’s biggest terrorism and maoism hub, bigger than evenAfghan-Pak group and progress and growth, by even 20% p.a. over 20 yearsfrom now, can be destroyed overnight.

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Preamble “Convention on the Rights of the Child (CRC)”

UN General Body adopted “Convention on the Rights of the Child” videresolution no A/RES/44/25 on 20 Nov 1989.

Indian endorsed/ratified this convention on 11 November , 1992.

The convention relied on various previous conventions on HumanRights, dignity and worth of human person.

Recognize – Child should be fully prepared to like an individual life insociety. And brought up in spirit of peace, dignity, tolerance, freedom,equality and solidarity.

Child due to physical and mental immaturity needs special safeguards,care, appropriate legal protection, both before and after birth.

Below discussed are some of the articles of the convention and its importance in India.

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INTERNATIONAL CHARTER As per the child rights charter, Article 1, a universal

definition of "child" includes all persons under the ageof 18.

In India, various laws define various age limits forchild. eg. For Child Labour the age is fixed as 14 years.This is a serious lacuna. Moreover, in India Rightsflow from different Acts and there is no single FAMILYPROTECTION ANDWELFARE ACT.

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INTERNATIONAL CHARTERMany of the rights are not given any weightage in

Courts of law and Courts do not have time to evaluate

these Rights and neglect it. Many Rights guaranteed

under the International Convention do not find any

place directly in any Law even after almost 2 decades

of ratification by the state. This Voiceless Population

of almost 40% thus suffers at the hands of each and

every part of democracy.

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Education forms the essence of a Human personalityand gives a person a right thought process. FromAncient Indian system of Gurukul to the Modern eraof International Schools, education occupies one ofthe top priority in Child life.

In India, only 53% of habitation have a primary schooland only 20% of habitation have a secondary school.

Dropout rates increase alarmingly in class III to V, its50% for boys, 58% for girls.

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Education

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Education The number of teachers for classes and the quality is a

big concern. 50% of Indian children aged 6-18 do notgo to school.

In Urban India and more especially the Metrocities, there is a growing tendencies of School Mafia.The education fees and other activities costs are sohigh that a common man finds it difficult to affordeducation for his children. Facing needs of childrenand competition among peers makes the life of acommon man miserable.

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Education Article 28 of Convention guarantees primary

education compulsory and available free to all.

Further it binds encouragement and development ofdifferent forms of secondary education, both generaland vocational education, available and accessible toevery child, and provide appropriate measures such asthe introduction of free education and offeringfinancial assistance in case of need; discouragedropouts and make higher education accessible to allon the basis of capacity by every appropriate means;

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Education Nation is bound to take all appropriate measures to

ensure that school discipline is administered in amanner consistent with the child's human dignity andin conformity with the present Convention andeducation is directed towards development of thechild's personality, talents and mental and physicalabilities to their fullest potential; and development ofcultural identity and values and for the national valuesof the country in which the child is living, the countryfrom which he or she may originate, and forcivilizations different from his or her own;

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Education The preparation of the child for responsible life in

a free society, in the spirit of understanding, peace,tolerance, equality of sexes, and friendship amongall peoples, ethnic, national and religious groupsand persons of indigenous origin the developmentof respect for the natural environment.

Compare this with the data given in this slide show.Has the state implemented the charter or has justconveniently avoided the rights of the Voiceless and isin violation of the theory of Welfare state.

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Child Labour AND Child beggar Children are often treated as the "property" of the very

adults who are supposed to care for them; they areordered around, threatened, coerced, silenced, withcomplete disregard of them as "persons" with rightsand freedoms. No punishment exists for this crime.

17 million children in India work as per officialestimates. Unofficial we put it as 40 million. There aremany Chotu, Ramu, Bhola, Thambi around.

Children were sent to work by compulsion and not by choice.

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Child Labour AND Child beggar 25% of the victims of commercial sexual exploitation in

India are below 18 years of age.

Millions of children work to help their families becauseeither the adults do not have appropriate employmentand income or they do not have access to good qualityschools. thus forfeiting schooling and opportunities toplay and rest. Poor and bonded families often "sell"their children to contractors who promise lucrative jobsand the children end up being employed in brothels,hotels, domestic work and streets.

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Child Labour AND Child beggar All children have the right to be protected from work

that interferes with their normal growth anddevelopment. Abandoned children, children withoutfamilies and disabled children need special care andprotection. However, we see them daily with ignorance.

Article 32 of the Charter recognizes the right of the childto be protected from economic exploitation and fromperforming any work that is likely to be hazardous or tointerfere with the child's education, or to be harmful tothe child's health or physical, mental, spiritual, moral orsocial development.

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Child commercial sex workers There are approximately 2 million child commercial

sex workers between the age of 5 and 15 years andabout 3.3 million between 15 and 18 years.

They form 40% of the total population of commercialsex workers in India.

80% of these are found in the 5 metros.

71% of them are illiterate.

500,000 children are forced into this trade every year.

We give ignored eye as they are not our children. Think and replace your child in place and see how you boil.

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Child commercial sex workers Article 34 provides for protection of children from all

forms of sexual exploitation and sexual abuse.

The state is bound to stop the inducement or coercionof a child to engage in any unlawful sexual activity; theexploitative use of children in prostitution or otherunlawful sexual practices; and the exploitative use ofchildren in pornographic performances and materials.

However, 5 lakh children a year are taken to field ofprostitution and 40% of the commercial sex workersare children. The Government has ignored them.

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Mentally/ physically challenged children 3% of India's children are mentally/physically

challenged.

40 out of every 1000 rural children are

mentally/physically challenged, compared to 26 out of

every 1000 urban children.

Mentally/physically challenged girls are at a particular

risk to violence and abuse.

One in every thirty children is disabled in India.

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Article 23 of the Charter recognizes that a mentallyor physically disabled child should enjoy a full anddecent life, in conditions which ensuredignity, promote self-reliance and facilitate thechild's active participation in the community andthe Nation must provide free of chargeeducation, training, health care, rehabilitationfacilities, preparation for employment, andrecreational opportunities for the development ofthe child to the fullest.

Mentally/ physically challenged children

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Child Discrimination

Article 2 of the Charter provides for nondiscrimination of the children irrespective of thechild's or his or her parent's or legal guardian'srace, colour, sex, language, religion, political orother opinion, national, ethnic or socialorigin, property, disability, birth or other status.

Thus, we talked of Common Child code. But fact iswe discriminate legitimate and illegitimate childon account of birth, rights of succession onaccount of religion and all possible ways.

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Child Alienation Article 8 of the Charter provides right of the Child to

preserve his or her identity, including nationality,name and family relations as recognized by lawwithout unlawful interference and where a child isillegally deprived of some or all of the elements of hisor her identity, State shall provide appropriateassistance and protection, with a view to re-establishing speedily his or her identity.

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Child Alienation Article 9 provides for respect of the right of the child

who is separated from one or both parents to maintainpersonal relations and direct contact with both parentson a regular basis, except if it is contrary to the child'sbest interests.

Article 16 provides that No child shall be subjected toarbitrary or unlawful interference with his or herprivacy, family, home or correspondence, nor tounlawful attacks on his or her honour and reputation.

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Today a child suffers the most when he is alienated from hisfather and extended family like grand parents on accountof biased laws.

Today a child is deprived of his own identity, extendedfamily and the views of the parents prevail.

In Divorce petitions when Consent Terms are filed, it is theview of the parents which prevail and custody is transferredas if it is a custody of some property. The best interest ofthe Child is not looked into by even the Court, whichendorses the Consent Terms as decree of Court. No Parenthas a right to transfer responsibility of child to other.

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Child Alienation

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Child Alienation The child has a right to know both his parents and

extended family.

The Child has a Right to have the upbringing from bothparents, if possible and if not atleast from the parentwho can provide the best upbringing.

The Court of Law is duty bound and has the rareprivilege of protecting the Rights of the Child and mustlook into all these angels before endorsing the ConsentTerms with regard to Child access and custody. TheConsent Terms are void with regard to Child Rights andCustody if welfare is not looked into.

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Legislation on charter Article 4 provides that all appropriate legislative,

administrative, and other measures for theimplementation of the rights recognized in the presentConvention shall be taken. With regard to economic,social and cultural rights, the Nation shall undertakesuch measures to the maximum extent of their availableresources and, where needed, within the framework ofinternational co-operation.

The Nation has passed an enactment after 13 years of thecharter called COMMISSIONS FOR PROTECTION OFCHILD RIGHTS ACT, 2005

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Legislation on charter The Articles have not been converted into legislation

and only a show piece type of an enactment has been passed, probably to show the United Nations of Compliance.

A Commission is setup to examine and review thesafeguards provided by or under any law for the timebeing in force for the protection of child rights andrecommend measures for their effectiveimplementation. Thus the Articles are unimplementedand a recommending body is setup.

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Conclusion Apart from this the charter provides responsibility on

the state to provide good health service, properdrinking water, day care services if both parents areworking, adoption rules, juvenile rule and many more.

If implemented in form of a single Act and withmerger of Family law and inheritance law in form of“FAMILY PROTECTION AN MAINTAINANCE ACT”, itcan benefit nearly 10 crore children directly orindirectly.

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Conclusion In the enactment “Commission for Protection of Child

Rights” section 25 provides for constitution ofChildren’s Court. However, there is lack of awarenessabout existence of such Courts and provisions thereof.

Further, though the Charter is complete by itself, it’s awonder why we need so many acts like Juvenile Act,Act relating to child labour and why not have a singleact and single Court for Children and Family.

One fact is clear that this voiceless class which doesn’thave votes and doesn’t know its rights is ignored andfuture of Nation is bleak

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What do we want? Demand that all the Articles of the Charter be put in

form of an enactment.

A single legislation be passed covering all Rights ofChildren and Family members and be administered inone single Court.

We demand that the Child who’s Rights are violatedmust be empowered through any person to seek notonly redressal of his grievances but also punishment tothe violator of his Rights.

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Some Quotes Child labor and poverty are inevitably bound together and if

you continue to use the labor of children as the treatment forthe social disease of poverty, you will have both poverty andchild labor to the end of time. -- Grace Abbott

In the past, children were all too often viewed more asproperty than people. Many victories for children's rights havebeen won in the last 100 years, such as child labor laws,protecting children from having to work long hours in unsafeconditions; public education, allowing all children to haveaccess to learning; and laws preventing child abuse. But thereis still much to do in protecting children's rights around the

world. -- Robert Alan

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"Children do not constitute anyone's property: they are neitherthe property of their parents nor even of society. They belongonly to their own future freedom."-- Mikhail BakuninI can’t think of any issue that is more important than workingto see that no schoolchild in this world goes hungry.-- Drew BarrymoreFeeding a child at school is such a simple thing – but it works miracles. -- Drew Barrymore

Some Quotes

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Some Quotes There is no trust more sacred than the one the world holds with

children. There is no duty more important than ensuring that theirrights are respected, that their welfare is protected, that their livesare free from fear and want and that they can grow up in peace."-- Kofi Annan

These children and their parents know that getting an education isnot only their right, but a passport to a better future - for thechildren and for the country.

-- Harry Belafonte

"...in serving the best interests of children, we serve the bestinterests of all humanity.“

-- Carol Bellamy

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Some Quotes"Creating a world that is truly fit for children does not implysimply the absence of war. It means having the confidencethat our children would not die of measles or malaria. Itmeans having access to clean water and proper sanitation. Itmeans having primary schools nearby that educate children,free of charge. It means changing the world with children,ensuring their right to participate, and that their views areheard and considered. It means building a world fit forchildren, where every child can grow to adulthood in health,peace and dignity.“-- Carol Bellamy

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Some Quotes"The economic benefits of investing in children have been extensively documented. Investing fully in children today will ensure the well-being and productivity of future generations for decades to come. By contrast, the physical, emotional and intellectual impairment that poverty inflicts on children can mean a lifetime of suffering and want – and a legacy of poverty for the next generation… "

-- Carol Bellamy“…Together let us build the global alliance to realize that goal, secure in the knowledge that in serving the best interests of children, we serve the best interests of all humanity. -- Carol Bellamy

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Some QuotesIf we are ever to have real peace in this world we shall have tobegin with the children.-- Mohandas K. Gandhi"Children are a quality of life ... when our children arehappy, then we are better as human beings.“-- Whoopi Goldberg"I believe deeply that children are more powerful thanoil, more beautiful than rivers, more precious than any othernatural resource a country can have. I feel that the mostrewarding thing I have ever done in my life is to be associatedwith UNICEF.“-- Danny Kaye

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Some QuotesThe greatest truth must be recognition that in every man, in every child isthe potential for greatness.-- Robert F. Kennedy"I won't give up until the exploitation of all children has ended and allchildren have their rights.“-- Craig KielburgerThere can be no better measure of our governance than the way we treatour children, and no greater failing on our part than to allow them to besubjected to violence, abuse or exploitation.-- Jessica LangeUnless we teach children peace, someone else will teach them violence. --

Colman McCarthyWithin the child lies the fate of the future.-– Maria Montessori

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FINAL MESSAGE When injustice is done, the victim experiences pain. An adult

person can complaint, can move Court and can protest.However, the Child is one human who is the Nationstomorrow, tomorrow’s voice, but today is voiceless as he/sheneither knows what he/she is entitled to and does now what isbest for him/her. He/She does not know how to get remedy forpain except to weep and be unheard. His/her silent cry todaymay wound him/her so much that he/she may forget what ispain and what is a cry and that’s when the moral duty towardshumanity is lost and arms land him hands only to gun down yourfuture, your child, whom you have given all rights and ignoredthe rights of others.

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In Public Domain This presentation is made by MISSION JUSTICE (MJ)

in public interest, for public education and awareness creation only.

All the material has been taken from news-papers, Websites and other media in the last few yearsor so. All this material is published and available inpublic domain.

MJ puts this presentation PUBLIC DOMAIN.

Any one can use it in the same condition, without anytempering, for general good and public education.

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HOW TO SUPPORT THIS CAUSE In case you wish to support this movement you can do

the following :

1. Spread this slide show and generate more support

2. Print the letter from the blog http://themissionjustice.blogspot.com and send it to authorities expressing support.

3. Generate support by undertaking signature campaign from 14.11.2010 till 30.11.2010 and send it to

MISSION JUSTICE c/o, Rajkumar Murarka 2/4, 1st cross,

Old hanuman lane, 3rd Floor, Mumbai – 400 002.

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About Mission Justice MISSION JUSTICE (MJ) is a MISSION of a group of

individuals committed to Justice to all.

Based in Mumbai with foot prints all over India.

Can visit the blog -http://themissionjustice.blogspot.com/ to make comments or Email us on: missionjustice@ymail.com

All interested are invited to join this MISSION toJustice to create a better world for our children. TheMission Justice is inspired by “QUIT INDIAMOVEMENT”. Please email us your response.

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Mission Justice

THANKSThis show has been prepared by the Convener –Shri Siddharth Murarka, Advocate High Courtand Joint Convener Shri Rakesh Goyal

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