State of Children in Orissa

STATE OF CHILDREN IN ORISSA
Prepared By: COMMITTEE FOR LEGAL AID TO POOR (CLAP)

367, Markat Nagar, C.D.A., Sector-6, Cuttack-753014, Orissa, India, Phone: 91671-2363980-2365680, Fax: 91671-2363454, Email: ctk_committe@sancharnet.in Website: www.clapindia.org
CLAP
FOREWORD
The United Nations Convention On the Rights of the Child (CRC) 1989 has set an international standard on the commitment to the Rights of the Children. The range of rights covers the entire spectrum of child life cycle comprising; right to survival, development, protection and participation. India on her part expressed its solidarity in the International Convention to safeguard the rights of the children by ratifying the CRC in 1992. According to CRC, children are the right holders & State is the primary duty bearers. The State shall ensure the implementation of Child Rights by making suitable legislations, child friendly policies and programmes. According to the Census-2001, Orissas Population is 36.8 Million. The Population of children below the age of 18 years is estimated to be 14.3 Million, which constitute 38.8% of the total population. The population of preschool children (0-6 years) is 5358810, which is 14.5% of the total population. The preparation of STATE OF CHILDREN IN ORISSA is novel initiative taken by the CLAP under In Defence of Child (IDC-III) Project to explore the Status of Children on the issues of survival, development and protection as well as to identify the major area of concern, which have been prejudicing the rights of the children in Orissa. Orissa has highest percentage of Infant Deaths & Neo-Natal Deaths among the States of India. The IMR for the State is 83 per 1000 live births. The Neo-Natal Mortality is 61 per 1000 live births. 54.4% Children born in Orissa are underweight. 20.7% of Children below 3 years of age are severely underweight and another 54.4% are moderately underweight. Even after 30 years of its existence, ICDS still fail to reach every poor child. Services under ICDS covered only 2.5 Million Children in the age group of 0-6 years, while the children need early childhood care through ICDS network is estimated to be 4.0 Million. Adequate and appropriate infrastructure remains a major obstacle in the implementation of the programme. Although the enrolment at primary levels shows an increase in recent years, yet the level of retention in schools remain a matter of concern. The enrolment ratio at upper primary level is not encouraging. The dropout rate is higher among girls, SC & ST children. It is an estimated that 336459 numbers of children are affected by serious physical or mental disabilities.
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On this backdrop, it is hoped that this document would be used as a reference document on the Status of Children in Orissa. I acknowledge the pain staking efforts of IDC Team Members for preparing such a valuable report with excellent designing. This report would not have been possible without financial support from BERNARD VAN LEER FOUNDATION through IDC Project. I sincerely appreciate the support provided by BVLF over the years.
(SHYAM SUNDAR DAS)

PRESIDENT, COMMITTEE FOR LEGAL AID TO POOR, (CLAP) ORISSA
CLAP
ACKNOWLEDGEMENTS
We popularly claim that children are the gifts of God. But the question is can we proudly claim every child in our State has sufficient food, adequate nutrition, health care and opportunity to go to the school. Do our Children have right to born free and lead happy, secured and prosperous life? The answers the these questions would be perplexed because we do have no concerted document on the status of children in Orissa. The thought of preparing an inclusive document on the STATE OF CHILDREN IN ORISSA has stemmed from this backdrop and accordingly this volume has been prepared with the significant contributions from the research faculty and editorial team. I am, at the threshold, extremely grateful to Sri Shyam Sundar Das, President, CLAP, who displayed an active interest and extended his support for the completion of this work. I avail this opportunity to convey my sincere gratitude to Sri Bikash Das, Team Leader, IDC and Executive Vice President, CLAP for encouragement and sharing his enriched experiences on Child Rights with the research team. The work was carried out under the overall direction and supervision of Sri Das. I would like to acknowledge his immense patience in editing the volume. This work would not have been possible without the co-operation of Sri Purusottam Sahoo. His efforts and contributions are thankfully acknowledged and sincerely appreciated. I sincerely appreciate the co-operation of Sri. Manoj Kumar Behera for the excellent designing and shaping the documents with colourful illustrations and layouts. Advice and suggestions from Sri Ramakanta Satpathy, Sri Gobinda Sethy and Sri Ramesh Kumar Mandal are gratefully acknowledged. I am grateful to Sri Amulya Kumar Panda, Sri Alok Moharana, Sri Chitta Ranjan Mohanty, Sk. Quarish, Sri Gadadhar Sahoo, Sri Bijaya Kumar Panda, Sri Bijaya Kumar Mishra, Sri Sidheswar Mohanty, Sri Durbadal Mantry and Smt. Pravati Nayak for providing team assistance at different point of time. This volume is indebted to Sri Krupasindhu Nayak and S. S. Islam for their enormous pain in collecting the data and information. Their contributions are highly appreciated.
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This work was benefited from the departments of the Government of Orissa who generously provided information under the Right to Information Act. We place our record of appreciation to the concerned public information officers who have effectively been executing the RTI, Act, 2005,in letter and spirit. This work would not have been possible without the financial support from BVLF, The Nether land under the flagship of In Defence Child project. We sincerely appreciate their support. Last but not least, we are grateful to the representatives of civil society, NGOs, academicians who provided valuable suggestions and feedbacks in different consultations organised by CLAP at different point of time.
(Pramoda Kishore Acharya) Senior Research Associate. Committee for Legal Aid to Poor (CLAP)
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ABBREVIATIONS
AIE Alternative and Innovative Education ANC Ante Natal Care ANM Auxiliary Nurse Mid-wife AWC Anganwadi Centre AWW Anganwadi Worker CBR Crude Birth Rate CD- Community Development CDPO- Child Development Project Officer CDR Crude Death Rate CHC Community Health Centre CRC Convention on the Rights of the Child DISE District Information System of Education DPEP District Primary Education Project DPT Diphtheria, Pertussis & Tuberculosis ECCD- Early Childhood Care and Development EGS Education Guarantee Scheme GER Gross Enrolment Ratio ICDS Integrated Child Development Services IFA Iron and Folic Acid IMR Infant Mortality Rate IIPS- International Institute of Population Sciences LEB Life Expectancy at Birth MDM Mid-Day-Meal MLA Member of Legislative Assembly MMR Maternal Mortality Rate MP Member of Parliament NCLP National Child Labour Project NFHS National Family Health Survey NGO Non-Governmental Organisation NNM Neo-Natal Mortality NPE National Policy on Education NSSO National Sample Survey Organisation OPEPA- Orissa Primary Education Programme Authority PHC Primary Health Centre RCH Re-Productive and Child Health RHI Re-Productive Health Index RLTAP Revised Long Term Action Plan RTI- Right to Information SC Scheduled Caste SNP Supplementary Nutritional Programme SRS Sample Registration System SSA- Sarva Sikshya Abhiyana ST Scheduled Tribe UNICEF- United Nation International Children Emergency Fund W & CD- Women and Child Development WHO World Health Organisation
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ADMINISTRATIVE MAP OF ORISSA
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EXECUTIVE SUMMARY
The STATE OF CHILDREN IN ORISSA was initiated with the idea of preparing an inclusive document, which would provide status of children in walking spheres of life and to make a perceptual analysis of realities by drawing the inferences from the available information and research works. It covers eleven chapters focusing the attention on the issues of Childs survival, protection and development. This document particularly gives stress; on the Rights of the Child from the spectrum of United Nations Convention on the Rights of the Child to which India is a signatory State; legislations made so far in conformity with CRC and administrative measure taken to improve the situation of children in the State of Orissa- a State which is characterized by high incidence of infant mortality, large concentration of malnourished children, wide prevalence of anaemia among adolescent girls and women, high percentage of low birth weight babies and not to mention, bulk of the population living under Below Poverty Line. The State of Children in Orissa is not a compilation of statistics and information concerning to the issues of children but a lively document with proficient analysis. The analysis rests on the information available from various sources. Wide range of secondary sources has been used and they include, Census Report, Orissa Human Development Report, National Family Health Survey Report and Annual Report of key departments of Government of Orissa. For the first time, Right to Information Act, 2005 has been extensively used for collecting the information regarding the issues of children and accordingly they have been incorporated to make this document trust worthy and constructive. This volume covers thirteen chapters with special focus on issues of childs survival, protection and development. A brief summery of each chapter is presented. To begin with chapter-I titled INTRODUCTION: CRC, Socio-Economic fact file of Orissa succinctly analyses the dimensions of child rights from the broad perspectives of the Convention on the Rights of the Child. A significant portion of this chapter is devoted to focus the provisions enshrined in the Constitution of India and its intent for securing the rights of children. A presentation is also made on the fact file of Orissa covering the history of the State, demographic structure, education and health.
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The second chapter titled DECLINING SEX RATIO: A Threat to Girl Childs Right to Survival describes the vital statistics of female-male ratio in different age group at different point of Census enumeration. It lays emphasis on harsh consequences of the deficit of girl child in society due to changing demographic profile of unfavourable sex ratio. The child sex ratio for the 0-6 aged group children was 952 girls per 1000 boys in 2001 against 965 in the 1991 Census. The adverse child sex ratio is most pronounced in the district of Nayagarh, Jagatsinghpur, Dhenkanal, Khurda, Puri, Jajpur, Anugul, Ganjam, Cuttack, Kendrapara, Balesore and Jharsuguda. For Orissa, the child sex ratio has drastically come down from 1035 in 1961 to 952 in 2001, constituting a dip of 83 points, which is higher than the decrease of 49 points at the national level. This will perpetuate more gender imbalance in the State in near future if the trend of unfavourable sex ratio is not reversed. Adverse chid sex ratio can severely impact the delicate equilibrium of nature and shall destroy the social fabric. The third chapter titled BIRTH REGISTRATION: A Right of Every Child highlights the importance of birth registration both for the child and the State. Complete, timely and accurate registration of birth and death shall have strong sense of purpose for government to make planning with adequate budgetary allocation for the implementation of Child development programmes and policies. As regards to status of birth registration in Orissa, a few pertinent observations have been made. First, the percentage of birth registration for the year 2005 was 14.1%, which one may say is really unsatisfactory. Second, the institutional delivery in the State is 25.6%, which to many, more the institutional delivery the birth registrations would be more. Third, there is an urgent need of massive awareness among the people on the utility of birth registration and improvement in the management system for supervision and monitoring of birth registration is the call of the hour. The fourth chapter titled EARLY CHILDHOOD CARE AND DEVELOPMENT: Programme Of ICDS Requires Convergence and Dynamism makes a focus on working of the ICDS projects. An assessment has been made on the minimum requirement of AWCs to universalise the early childhood care services. As regards to establishment, 35 percent of existing AWCs have no building of own. The programme needs innovation, expansion and quality up-gradation.
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The fifth chapter titled HEALTH: Miles To Go For Achieving Health Of Public Standard highlights determinant factor of; crude birth rate, crude death rate, life expectancy of people at birth, drinking &sanitation facilities, chid health, maternal health care and infrastructure in health care system; for the revelation of the health status of people. It is found that death rate for people in Orissa are much higher and life expectancy is lower than at the national level. The CDR in Orissa is 10.2,whereas this is9.4 for India. The underlying causes of child mortality are diarrhoea, gastroenteritis, anaemia and jaundice which together accounted 35.4% of total childs death. This could be attributed to the non-availability of safe drinking water with poor sanitation facilities and practices. Availability of drinking water facilities remains very poor in Orissa.The quantum of households having facility of water either from pipe or hand-pump is only 25.6% in the State as against 88.5% households covered at the national level. As regards to immunisation, barely 55% of children are fully immunised. Institutional delivery is an ideal and it is neither impossible nor unachievable. For Orissa, institutional delivery is 26.6% and it is even worse in the district of Malkangiri (7.1%),Raygada (11.9), Gajapati (13.0%), Keonjhar (15.5%), Nuapada (16.6%), Koraput (16.9%) and Nawrangpur (19.9%). Quality of health care in the primary tier of the health system shall have important bearing on the achievement and credibility of the system. In the health sector there is a necessity for ensuring the services of doctors and other paramedical staffs in every health care system and more particularly in the interior and tribal pockets. It is to note that 34.5% of PHCs are functioning without any doctor. Population served by one medical institution are numbered 21,679. In Orissa, the ratio of doctor to population is 1:7462; bed-population ratio is 1:2663; where as the corresponding ratio at the All-India level is 1:1996(doctor: population) and 1:1451 (hospital bed: population). Lack of proper infrastructure in health care system has severely impaired the health services in Orissa. As per the survey report of International Institute of Population Sciences, Mumbai, only 3.2% of PHCs in the State have proper infrastructure. As on 30th April2004, 9.3% total sanctioned post of doctors and 7.2% of staff nurse were lying vacant. The sixth chapter titled INFANT MORTALITY: A Shocking Dynamic of Health Hazards make an analysis of level and trend in infant mortality in Orissa as well as in the Country as a whole. Despite the target set in Infant Mortality Reduction Mission and Navajyoti Mission for reducing IMR to a minimal, infant mortality continues to be highest in Orissa among the States of Indian Union. The IMR in Orissa is 83 as against the figure of 60 at the national level. But the socking reality is that, the percentage of dip in IMR
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during 1997-2003 is 13.6% in Orissa as against the decrease of 15.5% at the national level. 54.4% children born in are under-weight. In Orissa, Neo-natal mortality accounted 64.2% of infant deaths. Within the Neo-natal mortality, Peri-natal mortality constituted 73.3%. The seventh chapter titled NUTRITION: Dimensions and Implications of Malnutrition provides a comprehensive analysis on the facets of nutrition and malnutrition. Malnutrition is caused by lack of food or lack of right type of food and inadequate or inappropriate type of feeding. It is found that 61.71% of children in 0-3 year of age suffer in either grade of malnutrition. As regards to optimal infant feeding practices, as prescribed by the World Health Assembly, only 33.5% of infants are exclusively breastfed for the first six months of life and 29.5% of infants continues breastfeeding with complementary family foods. Malnutrition is the tragic culmination of poor socio economic development, lack of health care knowledge among parents, administrative lapses and poor monitoring of the operational schemes. The eighth chapter titled EDUCATION: Nothing more than a statistical change focuses on the value of education in equipping people with skills and knowledge and continuing sorry state of affairs in the level of education despite the statistical change in literacy. Although the enrolment levels have gone up in the flagship of SSA, the magnitude of dropout and level of retention remain a matter of concern. The dropout rate in the primary level is 32.0% and it is 52% among scheduled tribe children. The rate of dropout increases cumulatively as it proceeds towards higher levels. In upper primary level, dropout rate is 49.1% and among scheduled caste children the rate of dropouts is 55% and it is 69.5% among scheduled tribe children. It is found that the overwhelming rate of dropouts has been due to; pressure on children to work at home, non-availability of schools in nearby distance and parental dislike for education. The ninth chapter title CHILD LABOUR: Disintegration of Personality gives a conceptual framework to the subject of child labour. This chapter is constrained to provide the exact estimation of child labour in the State due to the significant variations of estimation of child work force in one study with another. However, it is estimated that there are 9.6-lakh-child labour in Orissa. The children who have dropped from the schools are functional illiterates and they inevitably join the labour force, as a result there has been cumulative growth in child labour. 2.72% of the total work force constitutes the child work force in the state.
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The tenth chapter titled CHILD WELFARE: A Ray of Hope focuses on the welfare programmes being implemented in the State for the development of children. A good part of this chapter is devoted on the children with disabilities and adoption. As regards to the statistics, there are 3.36 lakh children are disabled. Of them, 52% of children are incapable in vision, 10% are auditory disabled, 6% are hearing impaired, 23% of children are incapable in movement and 9% are mentally challenged. It is found that 20 out of every 1000 children in the age group of 0-14 years are disabled. As regards to adoption, 244 numbers of adoptions have been promoted in the State during 2004-2005, of which 46% constitutes InterCountry adoption. The eleventh chapter titled ADOPTION: Need of Uniform Legislation with Right to Inheritance examines the issue of adoption dealt in the Guardian and Wards Act, 1890, Hindu Adoption & Maintenance Act, 1956 and Juvenile Justice (Care and Protection of Children) Act, 2000. The chapter makes a focus on the regulatory agencies for adoption in the State of Orissa. A good space is also provided for analysing ifs and buts of the enacted legislation in India as regards to promoting adoption for the children who desperately needs a family like environment for their nurture and development. As regards to adoption, 244 numbers of adoptions have been promoted in the State during 2004-2005, of which 46% constitutes InterCountry adoption. The twelfth chapter titled VIOLENCE AGAINST CHILDREN: A Blot on Humanity highlights the various forms crimes which are directed against children. This chapter is also dealt with the provisions of child specific legislations to protect them against discrimination, violence and atrocities and prevent social evils like child marriage. Despite the existence of special legislation and penal provisions for the perpetrators under IPC, the crime against children is on rise. Of the categories of the crimes, rape constitutes 32% of total crimes committed against children. Kandhamal has accounted more number of crimes against children during 2003-2005, closely followed by the district of Puri, Khurda, Balasore, Jajpur and Jagatsinghpur. The reported incidences of kidnapping is more in the district of Balasore, Jagatsinghpur, Jajpur, Kandhamal, Khurda and Puri. It is to be noted that level of crime could be much higher than what the reported figures make out to be. Regarding the child marriage, 23.1% of girls getting married below the age of 18 years. The quantum of child marriage is more in the district of Anugul, Baragarh, Boudh, Gajapati, Koraput, Malkanagiri, Mayurbhanj, Nawarangpur, Nayagarh and Nuapada.
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Need of Juvenile System to address the root causes of offence
The thirteen chapter titled CHILDREN IN CONFLICT WITH LAW:
presents a prolific analysis of Juvenile Justice Act, 1986, Juvenile Justice (Care and Protection of Children) Act, 2000 and Juvenile Justice (Care of Protection of Children) Amended Act, 2006 and a comparative assessment is made with the provisions of CRC in relation to Juvenile Justice System. Of the districts, Khurda stands at the top as far as the incidence of children in conflict with law is concerned. As many as 112 cases of juvenile crimes have been reported in the Khurda district during the period of 2003-2005 and it is closely followed by the district of Balangir, Baragarh, Subaranpur and Jharasuguda. The inferences drawn indicate that the overwhelming majority of children involved in delinquent activities are pretty offenders. The children have come in conflict with law for the simple reason of their survival and existence. The most common factor that brings children in conflict with law is the breakdown of their familial and protective environment arising out of death of the parents, separation or divorce of parents, migration to urban area as a result of chronic poverty or search in minimum livelihood for subsistence and broken relationship of children with their families, communities and society. The fourteen chapter titled TRIBAL CHILDREN: A Situational Analysis provides a brief socio-economic profile of Tribal Community in Orissa. This chapter also highlight the poor condition of tribal children in regards to health, nutrition and education. A brief analysis of educational and nutritional programmes being implemented in the State has been made in this chapter.
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CONTENTS
FOREWORD ACKNOWLEDGEMENTS ABBREVIATIONS ADMINISTRATIVE MAP OF ORISSA EXECUTIVE SUMMARY CHAPTER Chapter- I Chapter-II Chapter-III Chapter-IV SUBJECT INTRODUCTION: Convention on Rights of the Child;
Socio-Economic Fact-file of Orissa. to Survival.
1 3 5 6 7 PAGE
14 22 33 39
DECLINING SEX RATIO: A Threat to Girl Childs Right BIRTH REGISTRATION: A Right of Every Child. EARLY CHILDHOOD CARE AND DEVELOPMENT:
Programme of ICDS Requires Convergence and Dynamism. Standard. Standard.
Chapter-V Chapter-VI Chapter-VII Chapter-VIII Chapter-IX Chapter-X Chapter-XI Chapter-XII Chapter-XIII
HEALTH: Miles to go for Achieving Health of Public INFANT MORTALITY: A Shocking Dynamic of Health NUTRITION: Dimension and Implications of Malnutrition EDUCATION: Nothing more than a Statistical Change. CHILD LABOUR: Disintegration of Personality. CHILD WELFARE: A Ray of Hope. ADOPTION: Need of Uniform Legislation with Right to
Inheritance.
44 53 60 67 91 101 109 112 122
VIOLENCE AGAINST CHILDREN:

A Blot on Humanity
CHILDREN IN CONFLICT WITH LAW:

Need of Juvenile System to Address the root causes of Offence.
Chapter-XIV
TRIBAL CHILDREN: A Situational Analysis.
136
REFERENCES:
146
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CHAPTER-I INTRODUCTION
Convention On The Rights Of The Child; Socio-Economic Fact-file of Orissa.
Man is born free, so he needs no restraint; he is born naked, thus he is equal; every man has instinct, hence he deserves rights. Liberty, equality and rights go hand in hand for the holistic development of individual personality. It is a common man understanding that conferring rights in the childhood is a stepping-stone for unfolding the latent capacities of every individual. Human development without rights is unthinkable; social development would be hollow without human development. The nation dreams on children would be bigger, if more rights are bestowed on them to realise their full potentialities. To brace the children for the future a nation has to ensure that the rights are being enjoyed in full extent. The Constitution of India has taken care of the well being of the children by recognising the equality of person before law with positive discrimination for the development of all sections of the community, no matter of their socioeconomic conditions, at a stretch. The Constitution of India, enforced on 26th January 1950, is not only to be construed as a legal document but an inclusive document which is concerned to establish a just, humanitarian and egalitarian society through the democratic function of government with humane governance. The Constitution of India applies uniformly to all, including children. Guided by this scheme of thing, the makers of the constitution did not feel to make special provisions for the children, in an exception to article-15 (3), 24, 39 (e) and (f) and 45, as they did for other groups like women, scheduled castes, scheduled tribes and religious minorities. In view of the general applicability of the constitutional provisions it may be inferred that they too equally apply to all children. The 86th Constitutional Amendment Act 2002 places a legal obligation on the State to make elementary education a fundamental right in India. This is clearly embedded in Article-21 (A) of the Constitution, which speaks, that the State shall provide free and compulsory education to all children aged between 6-14 years in such a manner as the State may, by law determine The shift of Article45 to Article21 (A) in a refined version has created a vacuum for the education of under 6 years aged children. However, new provision in Article-45 for Early Childhood Care and Education for all children of 0-6 years has compensated this. But unfortunate thing is that early childhood care and education is in the directive principle of State policy and the provisions under the Part-IV of the Constitution has been at the mercy of State since 1950. Again, government has preferred to share its constitutional responsibilities of providing education to all by fixing the liability of parents for keeping their kids out of schools without understanding the causes that have kept the children out of schools. This is considered to be a flaw and clear violation of democratic ethos. Apart from the aforesaid constitutional provisions, there are vast array of laws concerning issues of children such as, Child Marriage, Child Trafficking, Early Childhood Care, Child Labour, Child Abuse, Children with Conflict with Law and Children in need Care and Protection and Children living uncomfortable circumstances.
In addition to special enactments, government of India is implementing various schemes and programmes for the benefit of the children. The national policy for children formulated by government of India in 1974 described children as a supremely important assets. This policy lay down that State should provide adequate services for children both before and after birth, and during the growing stages for their full physical, mental and social development. The measures suggested include amongst others a comprehensive health programme, supplementary nutrition for mothers and children, promotion of physical education and recreational activities, special consideration for children of weaker sections and prevention of exploitation of children.
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Table- 1.1 Special Laws on Protection of Children in India Sl. No. 1 2 Name of the Act
Guardians and Wards Act, 1890. Child Marriage Restraint (Amended in 1979). Act, 1929
Objectives
This Act deals with the qualifications, appointment and removal of guardians of children by courts and is applicable to all children irrespective of their religion. This Act lays down minimum age of marriage on both the sexes. This Acts prohibits child marriage but it does not invalidate once marriage is solemnised. This law is applicable to all communities irrespective of their religion. This Act codifies the law of adoption and maintenance. This other provides for adoption of boys and girls. This act applies fully to Hindus, Buddhist, Jains or Sikhs by religion and not to Muslim, Christians. Parsi and Jews. This Act prohibits trafficking in human beings and prescribed stringent action against those inducing children (below 16 years) and minors (16-18 Years) in the offences of procuring, inducing or taking a person for the sake of prostitution. This Act provides for the supervision and control of Orphanages and Homes for Children. This Act purports to abolish an agreement and obligations in order to free bonded labourers. This Act prohibits the engagement of children in certain employment and regulates the conditions of work of children in certain other employment. The Act aims to protect and promote breastfeeding, ensure the proper use of infants foods by regulating the production, supply and distribution infant milks substitutes, feeding bottles and infant foods. This Act provides regulation of the use of pre-conception and Pre-Natal Diagnostic Techniques for the purpose of detecting genetic or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foetcide. This Act has ensured the responsibilities of the Central and State Governments with regard to services for disabled persons. The Act also speaks about education of children disabilities up to age of 18 years in an appropriate environment. This Act deals with the laws relating to Juvenile in conflict with law and children in need of care and protection. It contains provision for proper care, protection and treatment, by catering to their developmental needs and by adopting child friendly approach in the adjudication and disposition of matters in the best interest of the children and for their ultimate rehabilitation and for matters connected therewith or incidental thereto.
Hindu Adoption and Maintenance Act, 1956 Immoral Traffic (Prevention) Act, 1956 (Amended in 1986).
5 6 7 8
Orphanages and other Charitable Homes (Supervisions and Control) Act 1960. Bonded Labour System (Abolition) Act 1976. Child Labour (Prohibition and Regulation) Act, 1986. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992. (Amended 2003). Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 2003.
10
Person with Disabilities (Equal Protection of Rights and Full Participation) Act, 1995.
11
Juvenile Justice (Care and Protection of Children) Amendment Act, 2006.
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Table- 1.2 National Policies on Children in India

Year 1974 Policy National Policy For Children. Objectives The Policy declares that children are the supremely important assets of the nation and states that childrens programme should find a prominent place in our national plans for the development of human resources. All Children having attained 11 years age by 1990 will complete 5 years of schooling. By 1995 all children up to 14 years will be provided free and compulsory education. Universal Primary Education by 1995. All Children in school or Centre/Alternative School by 2003. Education Guarantee
1986
National Policies For Education (NPE).
NPE Modified 1992. Sarva Shiksha Abhiyan
5 Years Primary Schooling for all children by 2007. 8 Years schooling for all children by 2010. Bridging all Gender and social category gaps at primary level by 2007 and Upper-Primary Level by 2010. Focus on Quality Education. Emphasis on Infrastructure improvement in schools. (SSA Programmes has been operating in Orissa since 2003). 1987 National Policy on Child Labour. Setting up of the National Child Labour Project (NCLPs) for the identification, withdrawal and rehabilitation of child labour. (18 nos. of Child Labour Projects with 653 Special Schools are in operation in 18 districts of Orissa. 1993 2002 National Nutrition Policy National Health Policy Aims Act eradicating malnutrition and achieving optimal nutrition for all. Providing Universal Health Care and access to Medical Services covering preventive, promotive and curative aspects to all sections of the society. 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 to awaken the conscience of the community in the wider societal context to protect the children from all forms of abuse, while strengthening the family, society and the nation. Intent to uphold the Child Rights and to take suo motto cognisance of child rights violation.
2003
National Charter for Children
2005
National Commission for Protection of Child Rights Bill.
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UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (1989) The subject of child rights had got a concrete shape in the year 1989 the landmark year when United Nations General Assembly adopted a comprehensive document of Convention on the Rights of the Child (CRC). This is an inclusive document encapsulating a set of universal legal norms for the protection and holistic development of children. The Convention stresses on four sets of basic rights of children, viz. the right to survival, the right to protection, the right to development and right to participation. The Convention requires state parties to ensure that every child shall have right to life, to live in dignity, right to acquire a name, nationality and parenthood, have right to express his/her views on all matters concerning life of own, and protection from all forms of exploitation and violence. This convention may be seen as a vibrating means of exploring the capacities of children and creating an environment in which all children are able to lead a happy and secure life. It also set broad standards for securing the rights of the children and may be used as a tool for the empowerment of children. Article 51 (c) of the Constitution of the India vests the responsibility on the State to respect international law, treaty and obligation. This is a subject of union legislation under entry 14of the union list on which the parliament is empowered to make laws for the whole of India. In conformity with the object declared in article 51(c), the Parliament of India has power under Article 253 to make legislation for giving effect to international agreement. Mere signature in the international agreement or declaration does not mean it shall come into effect unless appropriate legislations are not made in conformity with the principles of international obligations. To that end, the legislation made by the parliament of India shall have overriding effects on the State legislations and for the effective implementation of the international agreement the parliament shall invade the State subject of list II. On December 11, 1992 the Indian government ratified the United Nations Convention on the Rights of the Child. This has shown the commitment of the government for ensuring the rights of the children. Particularly after ratification of the convention, some special legislation has been made in India. The notable of them are IMS
Box 1.1
Obligation of State parties or the corresponding rights of the child under the convention include: Best Interests of the Child must be a primary consideration for the authorities of a State while taking decision, which affects the child (Artile-3). Respect for familys responsibilities, rights and duties of parents towards child (Article-5) Inherent right to life, right to survival and development (Article-6). Rights of the Child to be registered after birth, right to acquire a name and nationality, right to know and be cared for by his or her parents (Article-7). Right of the child to preserve his/her identity, including nationality, name and family relations (Article- 8). Rights of Child to continue in family unit (Article9). The Rights of the child for correctives for the situation on separation from family (Article-10). Prevention by State Parties of illicit traffic in children (Article-11). Personal Freedoms of the child (Article-12). Enforcement of Responsibility of parents (Article18). Prevention of deprivation of family environment and proper regulation of Adoption (Article-20). Right of the child to the enjoyment of the highest attainable standard of health. Guarantee of Social security and a good standard of life (Article-26). Imparting of compulsory Primary Education (Article-28). Social and Cultural rights of the child (Article 31). Prevention of Economic exploitation of the Child (Article-32). Protection of children from illicit use of narcotic drugs and psychotropic substances (Artcile-33). Prevention of Sexual exploitation and sexual abuse of the child (Article-34). Prevention of Abduction, sale or traffic in children (Article-35). Prevention of torture or other cruel, inhuman or degrading treatment or punishment to the child (Article-37).
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Act, PCPNDT Act, PWD Act, JJ (Care & Protection) Act, and the Prevention of Women from Domestic Violence Act. More importantly the Juvenile Justice (Care & Protection) Act, 2000 (Amended in 2005) and the Prevention of Women from Domestic Box 1.2 Violence Act 2005 has for the first time defined the child means any person below 18 years of age in definition chapter of respective Act, and this is in conformity with Article-1 of the CRC, which sets 18 years is the defining age of the child. Despite the clearly spelt out provisions of protective discrimination with affirmative action to uphold the rights of the children, plethora of laws and policies and international declarations; the rights of the children is at stake. As scheme and policy holds that every child has equal right to health, nutrition, education, and protection from all kinds of exploitation, in practice, vast chunk of children in India have been deprived from availing the minimum needs of life. A large number of children are still underprivileged and unreached to the basic needs of life. The high incidence of infant deaths, extent of malnutrition and declining sex ratio continue to be bitter realities. This is purely empirical fact and the first two are more visible in State of Orissa than other states of India. ORISSA: A FACT-FILE
STATUS OF CHILDREN IN ORISSA Children below 18 years of age constitute 38.8% of the total population in Orissa. In 0-6 years aged children, the number of female children is 952 per 1000 male children. This is even less in some of the districts. Barely 14% of births are properly registered indicating the name, nationality and parenthood. In every 1000 live births, 77 children die before attaining 1 year of age. 47 newborn babies dies in every 1000 live births before 28-days of life. 54.4% babies born in are under weight at the time of birth. 61.71% of 0-3 years aged children are suffering from either type of malnutrition. Out of every 100 enrolled children, 32 dropout before completing primary education. The rate of dropout in Primary Level among Scheduled Tribe children stands at 52 percent. Out of every 68 children complete primary education, 33 are dropped before the completion of upper primary schooling. 55% children of Scheduled Caste and 69.5% children of Scheduled Tribes have dropped out of school. 23% of girls are married before attaining the legal age of marriage of 18 years. It is more than 40% in the district of Malkanagiri, Nabarangpur, Koraput, Boudh and Gajapati. Out of every 1000 children 0-14 years of aged group, 20 of them suffer from either type of disability.
Orissa is a State of the India Union located along the eastern coast of the peninsula. The State is located between 170 49 and 220 34 North Latitude and 810 29 and 870 29 East Longitude. The State of West Bengal on the Northeast, Jharkahand on the North, Andhra Pradesh on the South, Chhattisgarh on the West & Bay of Bengal on the East bind it. Owing to its geographical position, the region is often being considered as an extended portion of north India or as an annexure of south India. The whole State lies in the Tropical Zone and is divided into four distinct tracts; viz. the northern plateau, the Eastern Ghats, the central tract and the coastal plains. The State is drained by three great rivers; the Mahanadi, the Brahmani and the Baitrarani and some lesser rivers, all of which flow into the Bay of Bengal. The State sprawl across 1,55,70759 kms, which constitutes the share of 4.74% of total landmass of India. The State comprises of 58 Sub-Divisions, 147 Tahasils, 314 Community Development Blocks, 6128 Gram Panchyats, 103 Urban Local Bodies and 51349 Revenue Villages. There are 30 districts, which are administrative units of the State with Collector as the head. Orissa is a fascinating land of World with charms and glamour. There are scores of places, which can be of great interest
CLAP 19
HISTORY: Orissa was known as Kalinga in the ancient days. Ashoka, the Mauryan King of Magadh, invaded Kalinga in 261 B.C. and this event is known in history as the Kalinga War, causing a dynamic change in the heart of Ashoka. It is here, where Ashoka the Terrible was transformed to Ashoka the Compassionate. After the death of Ashoka, Kalinga regained its independence and the ancient State rose to prominence as a Kingdom under Kharvela, a great conqueror and patron of Jainism, in the second century B.C. Other great rulers were the kings of Kesari dynasty and the Eastern Ganga dynasty who were also great builders. By the end of 11th Century A.D. and in the early 12th Century the Gangas rose into prominence and brought the whole of Orissa under their sway. Anantavarma Ghodagangadeva (1078-1147) is credited to have ruled from Ganga to Godavari. He transferred his capital from Kalingnagar to Cuttack. He constructed the massive temple of Lord Jagannath at Puri, which stands at present over the old site of the Lord. The temple was completed by the successor of Chodaganga notably Anangabhimadeva. The Ganga dynasty bequeathed its empire to a new dynasty known as Surya Dynasty. The Surya rule in Orissa came to an end in 1533-34. The last independent king of Orissa, Gajapati Mukundadeva, was killed while he was engaged in a prolonged struggle with Afghan power of Bengal. In 1568, Orissa lost its independence and fell to Muslims. The Mughalas ruled in Orissa for a very little over a century and after the death of Aurangazab, Orissa came under virtually to independent Nawabs of Bengal and then into the hands of Marathas. The Marathas continued to hold administration of Orissa till British took over Orissa in 1803. Orissa was made into a separate province in 1936. With independence, the princely States in and around Orissa surrendered their sovereignty to the Government of India. By the States Merger Order, 1949, the Princely States of Orissa were completely merged with the State of Orissa on 19th August 1949.
Figure 1.1
DEMOGRAPHIC PROFILE: The population of Orissa, which was 31.6 million in 1991, has increased to 36.8 million in 2001, exhibiting a decennial growth rate of 16.25percent. Of the total population, 18.7 million were males and 18.1 million were females, thereby making the females share to be 49 percent. The rural population of the State accounts for 31.3 million and the urban population is 5.5 million.
Percentage Distribution of Population in Orissa in different Age group as per Census -2001
15% 0-6 years 19% 60% 6% 6+ - 14 years 14+ - 18 years 18+ Age group
Figure-1.2
The density of the population is 236 per square kilometre, as against the all India average of 313 per square kilometre. The Scheduled Caste and Scheduled Tribe population in the State, as per Census 2001, was 5.3 million and 8.1 million respectively, which constituted 16.5% and 22.1% to the total population of Orissa. The child population in the age group of 0-6 years, as recorded in the Census 2001, was 5.36 million, which accounted to be 14.5% to the total population of the State. Recognising the report of the Census 2001, the sex ratio is 972 among the total population and child sex ratio (0-6 years) stands at 952.
Distribution of Rural & Urban Population in Orissa
15%
Rural Urban
85%
CLAP 20
Figure 1.3
Orissa has a large concentration of tribals mostly inhabit in the jungle and hilly regions with wide distribution in the district of Koraput, Kandhamal, Kalahandi, Ganjam, Keonjhar, Dehenkanal & Mayurbhanj. The socio-cultural life of Orissa has been greatly shaped and influenced by the long and continuing tribal traditions. Out of 62 tribes in Orissa, most important tribal groups are Santal, Juang, Saora, Bonda and Kondh. The 2001 Census pegs the population of scheduled tribes at 22 percent of the total population, which is the second highest in the country. As many as 118 blocks in 12 districts are tribal majority
Share of Population in Orissa in different Categories
17%
Scheduled Castes Scheduled Tribes Non SCs & STs
61%
22%
Figure 1.4
EDUCATION: Education is the prime ingredient and Literacy gap, as per Census-2001, in irrefutably the heart of human resources Orissa development. Literacy rate is the measuring rod to determine the fact of education in India, Rural Women even though it does not explain the level of 46.66 Urban Women 72.87 scholastic achievement required to equip Urban Women 59.84 Rural people with knowledge and skills. Literacy in 80.84 Urban 50.51 India means that a person must have bare Urban 75.35 Men minimum reading and writing skills. In most Women 0 50 100 cases, it covers those who can write and sign Men their own name. The sole purpose of this is to encompass more people in terms of literate, even if they are not so in the usual sense of the term of literacy. The literate and literacy rate is computed for 7+ age group populations because 0-6 years age group children are treated as illiterate in India. The literacy rate in Orissa, as per Census 2001, is 63.08 percent, and it is 75.35 percent for males and 50.51 percent for females. This demonstrates that women of the State are far less educationally accomplished than the males. The difference in literacy level is also existed between rural and urban segments. While the urban literacy rate is 80.84percent, the rural literacy stands at 59.84percent. More disparity is visible between rural and urban area in terms of female literacy. The female literacy is 72.87percent in urban areas but it is 46.66percent in rural areas. HEALTH: Health services in the State are provided through a network of District Hospitals, Community Health Centres (CHCs), Primary Health Centres (PHCs), Mobile Health Unit (MHU) and Sub Centres. As on 31st March 2005 there are 32 District Hospitals, 231 Community Health Centres, 120 Primary Health Centres, 1162 New Primary Health Centres, 14 Mobile Health Unit and 117 Sub Centres and hospitals. Apart from that there are three Medical Colleges in Orissa and they are situated at Cuttack, Burla and Berhampur. Although health of the people is a public concern and should be a State funded activity, government provides barely
CLAP 21
20% of the health services. Otherwise it has been in private domain. When people are expected to get highest standards of health services, the health services provided to the people is of for the sake of health standard and invariably this is below par to public standard. The National Rural Health Mission (NRHM) 2005 has taken care of this aspect. Among the major component of NRHM, the emphasis is laid on to strengthen the Sub Centres, PHCs and CHCs and commitment of the Government to provide health measure of public standard.
Figure 1.5
Apart from Allopathic health care the traditional system of Ayurvedic and Homeopathic medicine is very common among the people and it is also widely practised. The demand of the growing number of people on the traditional health practices has not been met with adequate supply of services. There are State run 5 Ayurvedic Hospital and 522 Dispensaries in Orissa. Besides this, 4 Homeopathic hospitals and 480 Dispensaries are operating in the State.
Num ber of Allopathic Medical Institutions run by the Govt. of Orissa
Medical Colleges District Hospital Sub Divisonal Hospitals 322 14 231 120 Community Health Centres Primary Health Centres Primary Health Centres (New ) Mobile Health Unit Other Hospitals
117
1162
CLAP 22
CHAPTER-II
DECLINING SEX RATIO
A Threat to Girl Childs Right to Survival
Sex ratio is defined as the number of females per thousand males. This is an important social indicator to measure the extent of equity between males and females in a society at a given point of time. The natural birth ratio of female to male is 1:1. Defying the equitable female-male ratio, higher survival capacity of girl child and greater life expectancy of women to men, the adverse female- male sex ratio has been a century old phenomenon in India. It is a fact, not an explanation. Recognising the statistics confirmed in 1991 and 2001 Census, it can be a safe conclusion that declining of females in the infants and juvenile population is a matter of grave concern. The consequence of this turbulent trend has been quite evident from the dramatic dip in the sex ratio of total population and the mounting gap between female and male population. This is nothing but the new and disturbing form of violence against unborn children and most specifically targeting the girl child.
Table 2.1 Rural-Urban Population and Sex Ratio in India in different Census years
Year 1 1901 1911 1921 1931 1941 1951 1961 1971 1981 1991 2001 Rural Population (in million) Female Male Person 2 3 4 105.14 107.40 212.54 111.64 114.51 226.15 109.92 113.32 223.24 120.64 124.88 245.52 134.81 139.70 274.51 146.66 151.98 298.64 176.79 183.51 360.30 213.73 225.32 439.05 255.37 268.50 523.87 304.41 324.45 628.86 360.95 381.67 742.62 Sex Ratio 5 979 975 970 966 965 965 963 949 951 938 946 Urban Population (in million) Female Male Person 6 7 8 12.32 13.53 25.85 12.08 13.86 25.94 12.87 15.22 28.09 15.26 18.20 33.46 20.04 24.11 44.15 28.87 33.57 62.44 36.15 42.79 78.94 50.38 58.73 109.11 74.59 84.87 159.46 102.65 114.91 217.56 135.57 150.55 286.12 Sex Ratio 9 910 872 846 838 831 860 845 858 879 894 901 Total Population (In million) Female Male Person 10 11 12 117.51 120.89 238.40 123.73 128.36 252.09 122.77 128.55 251.32 135.91 143.07 278.98 154.82 163.84 318.66 175.54 185.55 361.09 212.94 226.29 439.23 264.11 284.05 548.16 329.26 353.37 683.33 407.06 439.36 846.42 496.51 532.22 1028.74 Sex Ratio 13 972 964 955 950 945 946 941 930 934 927 933
Source: Office of the Registrar General, India. 1. Sex Ratio 1901-91 (Total, Rural and Urban) from Brief Analysis of PCA paper-2 of 1992. 2. Population of India Primary Census Abstract of different Census Reports.
India is one of the few countries where males significantly outnumber females. The population Census of India, 2001 records the population of India as on 31st March 2001 to be 1028. 7 million, comprising of 532.2 million males and 496.5 million females, making the females share to be 48%. The rural population of India accounts for 742.6 million 360.95 million are females and 381.67 million are males. Of the 286 million urban population 135 million are females and 150 million males. The sex ratio in India has been unfavourable to girls. As recoded in Census-2001 the sex ratio is 933, a figure marginally more then the figure of 927 in Census-1991. The sex ratio has signalled an increase of 7 points from 894 in 1991 Census to 901 in 2001 for urban India and from 938 in 1991 to 946 in 2001 for rural areas of India .The situation is found to be graver as regards to child sex ratio of 0-6 years of age group, which has fallen from 945 in 1991 to 927 in 2001.The total of 18 States have recorded the lower sex ratio in comparison to national figure. In as many as 10 States the child sex ratio is far below than the national average.
CLAP 23 Table- 2.2 Total Population, Child Population and Its share in Total Population and Sex Ratio for States and Union Territories in India.
Sl. No. Name of the State Total Population Total Child Population in the Age Group of (0-6 Yrs.) 4 10171857 205871 4498075 16806063 3554916 145968 7532404 3335537 793137 1485803 4956827 7182100 3793146 10782214 13671126 308585 467979 143734 289678 5358810 3171829 10651002 78195 7235160 436446 1360032 % Of Child (0-6 Yrs.) Population to Total Population 5 13.35 18.75 16.87 20.05 17.06 10.83 14.87 15.77 13.05 14.65 18.40 13.59 11.91 17.87 14.11 14.24 20.18 16.18 14.56 14.56 13.02 18.85 14.46 11.59 13.64 16.02 Sex Ratio in Aggregate Population 6 978 893 935 919 989 961 920 861 968 892 941 965 1058 919 922 974 972 935 900 972 876 921 875 987 948 962 Sex Ratio in Child (0-6 Yrs) Populatio n 7 960 963 965 942 974 937 883 819 895 941 965 945 960 932 913 957 972 964 963 952 798 908 962 942 966 907 Effect on Demographic Slide 8
1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
2 Andhar Pradesh Aruanchal Pradesh Assam Bihar Chhatisgarh Goa Gujarat Haryana Himachal Pradesh Jammu & Kashmir Jharkhanda Karnatak Kerala Madhya Pradesh Maharashtra Mainpur Meghalaya Mizoram Nagaland ORISSA Punjab Rajasthan Sikkim Timilnadu Tripura Uttaranchal
3 76210007 1097968 26655528 82998509 20833803 1347668 50671017 21144564 6077900 10143700 26945829 52850562 31841374 603348023 96878627 2293896 2318822 888573 1990036 36804660 24358999 56507188 540851 62405679 3199203 8489349
CLAP 24
27 28 29 30 31 32 33 34 35
Utta Pradesh West Bengal Andman & Nicobar Chandigarh Dadra & Nagar Haveli Daman & Diu Delhi Lakhadweep Pandichery INDIA
166197921 80176197 356152 900635 220490 158204 13850507 60650 974345 1028610328
31624628 11414222 44781 115613 40199 20551 2016849 9091 117159 163819614
19.03 14.24 12.57 12.84 18.23 12.99 14.56 14.99 12.02 15.93
898 941 846 777 812 710 821 948 1001 933
915 960 957 845 979 928 868 958 966 927
Source: Census of India-2001. DEMOGRAPHIC PROFILE OF ORISSA

Figure-2.1
The Census-2001 records Sex Ratio (Number of Females per 1000 Males) in Orissa and India since show that the total Census 1901 population in Orissa was 36.8 million as on March1100 2001. This comprises 18.7 1050 millions males and 18.1 1000 Orissa million females, there by 950 India making the share of 900 female population to be 850 49%. The child population 800 in the age group of 0-6 years was 5.35 million comprising 2.74 million of Census Year male children and 2.61 million of female children, there by accounting the female children share 48.7% (lower than the figure 49.1% in Census-1991). The all Orissa sex ratio as per Census-2001 is 972, the rural sex ratio being 986 and in the urban areas it is 894, a figure is lower than of 901 in urban areas of national level. While the overall female-male ratio for all ages rose from 971 in 1991 to 972 per 1000 males in 2001, the child sex ratio in the 0-6 years age had fallen from 967 girls per 1000 boys in 1991 to 952 girls per 1000 boys in 2001. This was a decline of 15 points in just a decade.
Number
11 01 21 31 41 51 61 71 81 91 19 19 19 19 19 19 19 19 19 19 20 01
CLAP 25 Table-2.3 District-wise Population and Sex Ratio in Orissa

District Rural Population F 1 Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajpati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Subranpur Sundargarh ORISSA 2 480219 882400 614809 589997 588689 176498 834373 126122 478886 237087 1309190 472738 763918 159846 619663 304178 619488 670512 528199 493213 234968 1026699 482083 400656 251506 641455 364544 338653 246962 598901 15538452 M 3 501368 921740 627986 602681 594182 178849 865591 127890 495078 228862 1295086 480442 785443 163985 615612 299929 608380 678455 543490 488975 234614 1041057 484413 426794 249146 657199 351158 343182 254805 602578 15748970 P 4 981587 1804140 1242795 1192678 1182871 355347 1699964 254102 973964 465949 2604276 953180 1551361 323831 1235275 604107 1227868 1348967 1071689 982188 469582 2067756 966496 827450 500652 1298654 715702 681835 501767 1201479 31287422 5 958 957 979 979 991 987 964 986 967 1036 1011 984 972 975 1006 1014 1018 988 972 1008 1001 986 995 939 1009 976 1038 986 969 994 986 F 6 72550 105597 50027 68110 74520 8719 298940 9578 43991 26327 269459 46010 34676 87929 48305 21224 36079 101442 362310 96681 16723 73557 28521 17683 14788 97838 56773 121838 19272 296171 2605638 S. R Urban Population M 7 85866 114771 53514 72961 79803 9306 342190 10518 48923 26561 286900 58439 38304 97956 51914 22870 38058 111581 443396 101768 17893 82143 30749 19383 15250 106190 58634 131940 20796 33023 2911600 P 8 158416 220368 103541 141071 154323 18025 641130 20096 92914 52888 556359 104449 72980 185885 100219 44094 74137 213023 805706 198449 34616 155700 59270 37066 30038 204028 115407 253778 40068 629194 5517238 9 845 920 935 933 934 937 873 910 899 991 939 787 905 897 930 928 948 909 817 950 934 895 927 912 969 921 968 923 926 889 894 F 10 552769 987997 664836 658107 663209 185217 1133313 135700 522877 263414 1578649 518748 800594 247775 667968 325402 655567 771954 890509 589894 251691 1100256 510604 418339 266294 739293 421317 460491 266234 895072 18144090 S. R Total Population M 11 587234 1036511 681500 675642 673985 188155 1207781 138408 544001 255423 1581986 538881 823747 261941 667526 322799 646438 790036 986886 590743 252507 1123200 515162 446177 264396 763389 409792 475122 275601 935601 18660570 P 12 1140003 2024508 1346336 1333749 1337194 373372 2341094 274108 1066878 518837 3160635 1057629 1624341 509716 1335494 648201 1302005 1561990 1877395 1180637 504198 2223456 1025766 864516 530690 1502682 831109 935613 541835 1830673 36804660 13 941 953 976 974 984 984 938 980 961 1031 998 963 973 946 1001 1008 1014 977 902 999 997 980 991 938 1007 968 1028 969 966 957 972 S. R
Source: Census of India: Primary Census Abstract Orissa-2001
CLAP 26 Table- 2.4 Analysis of the Percentage Variations of the deteriorating Sex Ratio in Orissa vis--vis India from Census-19012001. Orissa
Year Code 1 2 3 4 5 6 7 8 9 10 11 12 Census Year 1901 1911 1921 1931 1941 1951 1961 1971 1981 1991 2001 Percentage of variation in 2001 Census over 1901 Census Number of Female per 1000 Male 1037 1056 1086 1067 103 1022 1001 988 981 971 972 Percentage of variation over preceding Census +1.8 +2.8 -1.8 -1.3 -3.0 -2.1 -1.3 -0.7 -1.0 +0.1 - 6.3 Percentage of variation over preceding Census -0.9 -1.0 -0.6 -0.6 +0.1 -0.6 -1.2 +0.4 -0.8 +0.6 -4.0
India
Number of Female per 1000 Male 972 964 955 950 945 946 941 930 934 927 933 Census Year 1901 1911 1921 1931 1941 1951 1961 1971 1981 1991 2001 Percentage of variation in 2001 Census over 1901 Census
The greatest demographic challenge in the country is the rapidly deteriorating sex ratio. The population Censuses of India have shown a decrease of sex ratio from 972 in 1901 to 933 in 2001, accounting 4.0% of variation during the century. It is good to note that the sex ratio in Orissa was above the unity till the Census-1961, the period in which there were definitely far fewer females in All-India level. But the perturbing fact is that the decline in sex ratio has been sharper in Orissa in comparison to deterioration at the national level. The sex ratio among all ages of population in Orissa has drastically come down from 1037 in 1901 to 972 females per 1000 males in 2001. This constitutes a dip of 65 points in a century, while this decline was 39 points at the national level. The comparison of situation in Orissa with All-India level, as recorded in Census statistics, has signalled the gender imbalances would be more in Orissa in a decade or so, if the trend is not reversed. Orissa was one of the few States in India having more number of female children as recorded in Census 1961 & 1971. But that gender balance tilted in favour of girl child has come down from 1168 females per 1000 males in 1971 to 995 in 1981 and in 2001 it has reached to a sorry figure of 952. The cruel paradox of plummeting child sex ratio in the 0-6 years of age group has been quite evident from the drastic decline of overall female-male ratio in the subsequent census enumeration. The statistics confirmed in the Census record has reflected the worst gender imbalance against the girl children in Orissa, that is a drop of 83 points during the period of 1961 2001, which is comparatively higher than the decrease of 49 points at the national level. This is a factor of worries and needs immediate redress in changing the patriarchal mind-set of the people, strict enforcement laws and policies striving to make gender balance taking the enormity and complexities of the situation of silence break down of social disorder arsing out of high incidence of deterioration in female-male juvenile sex ratio, as granted.
CLAP 27 Table-2.5 District-wise Child (0-6 Year Aged) Population and Percentage of child Population to Total Population in Orissa.
District F 1 Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajpati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Subarnapur Sundargarh ORISSA 2 70201 129955 79192 83600 85396 28889 105088 19441 65164 42526 199187 54032 101455 21282 101486 55206 80367 104686 68090 87192 41987 169513 89449 51817 39525 79886 65020 46455 35611 92728 2294426 Rural Population M 3 74561 137742 82651 88836 87949 29841 111946 20343 70346 43960 211170 58248 108254 22155 103079 56697 85341 108863 73112 88361 42735 177255 89449 57230 40785 85699 66078 48026 36804 94416 2401932 S. R P 4 144762 267697 161843 172436 173345 58730 217034 39784 135510 86486 410357 112280 209709 43437 204565 111903 165708 213549 141202 175553 84722 346768 178898 109047 80310 165585 131098 94481 72415 187144 4696358 5 941 943 958 941 971 968 939 955 926 967 943 927 937 960 984 973 941 961 931 986 982 956 1000 905 969 932 983 967 967 982 955 F 6 9101 13794 6142 9883 8847 1104 33811 1263 4928 2971 31071 5836 4151 11267 6596 2562 4416 14759 42693 12316 2511 8740 4011 1913 2069 11008 7022 14951 2373 37723 319832 Urban Population M 7 10080 14596 6505 10328 9482 1208 35975 1305 5419 3229 34036 6434 4511 12155 6728 2833 4832 15347 46576 12820 2580 9209 4139 2220 2142 11965 7373 16001 2471 40121 342620 S. R P 8 19181 28390 12647 20211 18329 2312 69786 2568 10347 6200 65107 12270 8662 23422 13324 5395 9248 30106 89269 25136 5091 17949 8150 4133 4211 22973 14395 30952 4844 77844 662452 9 903 945 944 956 933 913 939 967 909 920 913 907 898 926 980 904 913 962 916 961 973 949 969 861 965 920 952 934 960 940 933 F 10 79302 143749 85334 93483 94243 29993 138899 20704 70092 45497 230258 59868 105606 32549 108082 57768 84783 119445 110783 99508 44498 178253 93460 53730 41594 90894 72042 61406 37984 130451 2614258 Total Population M 11 84641 152338 89156 99164 97431 31049 147921 21648 75765 47189 245206 64682 112765 34310 109807 59530 90173 124210 119688 101181 45315 186464 93588 59450 42927 97664 73451 64027 39275 134537 2744552 P 12 163943 296087 174490 192647 191674 61042 286820 42352 145857 92686 475464 124550 218371 66859 217889 117298 174956 243655 230471 200689 89813 364717 187048 113180 84521 188558 145493 125433 77259 264988 5358810 % to Total Popul ation 13 14.38 14.63 12.96 14.44 14.33 16.35 12.25 15.45 13.67 17.86 15.04 11.78 13.44 13.12 16.32 18.10 13.44 15.60 12.28 17.00 17.81 16.40 18.23 13.09 15.93 12.55 17.51 13.41 14.26 14.47 14.56
Source: Census of India: Primary Census Abstract Orissa-2001
CLAP 28 Table-2.6 Child Sex Ratio (0-6 years) in Orissa vis--vis India from Census-1961 to 2001
Orissa Census Year 1961 1971 1981 1991 2001 Percentage of variation in Census 2001 over Census 1961 Number of Female Child per 1000 Male Child 1035 1168 995 967 952 Percentage of variation over preceding Census +12.8 -14.8 -2.8 -1.6 -8.1 Percentage of variation over preceding Census - 1.2 -0.2 -1.8 -2.0 -5.1 India Number of Female Child per 1000 Male Child 976 964 962 945 927 Census Year 1961 1971 1981 1991 2001 Percentage of variation in Census 2001 over Census-1961
POPULATION DYNAMICS AND SHOCKING REALITIES IN ORISSA
Figure-2.2
O i According to the report of census2001, the scheduled caste and scheduled tribes Population in Non-SCs & Orissa were 6.08 million and 8.14 STs/Others million respectively, which Scheduled Castes Category constituted 16.5 and 22.1% of the total population. The decennial Scheduled Tribes growth rate of SC & ST population during 1991 2001 was 18.6% and 15.8% respectively, as 920 940 960 980 1000 1020 against the total growth rate of 16.25%. The high concentration of Number of Females per 1000 SC population districts includes Males Sonepur, Malkanagiri, Jajpur, Bhadrak, Balangir, Balasore and Gajpati. The scheduled tribe dominated districts are Rayagada, Gajpati, Kandhamal, Mayurbhanj, Nawarangpur, Malkanagiri, Keonjhar, Koraput and Nuapada. As per the Census-2001 the sex ratio among SC & ST population was 979 and 1002 respectively as against 959 female per 1000 male in the Non-ST and Non- ST population in Orissa.
Sex Ratio, according to Category, of Population for
Figure- 2.3
It is well acknowledged fact the women live longer then men due to high survival Percentage of Population according to Age Groups by Sex for Orissa capacity at birth, lower exposure to 50 accident, addiction free life, lower suicide 40 rate and minimum heart attacks, as it is 30 medically proved. Contrary to the theoretical Female Male assumption the subsequent census reports 20 have shown the startling fact as regards to 10 female-male ratio. The juvenile (0-14 Yrs.) 0 Sex Ratio for Orissa has fallen from 981 in 0-14 Yrs 15 -44 Yrs 45-59 Yrs 60 & Above 1981 to 978 in 1991 and further it has Age Group drastically come down to 957 in 2001. The continuing changes in the demography arising out of lower growth rate of female population affect the age distribution structure of female male population. As summarised in 2001 Census
Percentage of Population
CLAP 29
Reports, there were 32.9% of women and 33.4% of men in the age group 0-14 years. In the reproductive group of population (15- 44 Years of Age), 47.4% were women and 46.8% were men. There were 11.1% of women and 11.6% of men in the age group of 45-59 years of age group. The fact that women live longer than men is evident from the Census record which has shown about 8.6% of women were in the 60 + age group as compared to 8.2% of men. The declining of sex ratio in the consecutive Census operations is a glaring indicator of the gross negligence to girls in terms of birth, health and nutrition.
Table 2.7 Sex Ratio in different age grouped Children in 30 Districts of Orissa 0-4 Years 5-9 Years 10-14 Years Rural Urban Rural Urban Rural Urban 945 902 964 937 989 945 949 959 945 981 964 943 958 935 980 952 929 938 974 993 987 947 976 941 999 996 966 1000 911 971 931 997 984 973 984 962 974 -12 951 965 975 945 937 950 920 943 906 924 926 917 925 1003 933 938 967 914 942 1002 963 934 891 937 938 953 931 985 948 940 978 -38 953 978 939 979 991 948 972 942 894 956 934 942 969 996 960 941 961 940 946 957 940 992 938 981 945 932 964 972 975 956 975 -19 922 953 940 948 1021 930 1058 911 961 921 881 936 963 972 957 918 960 918 973 938 941 875 835 986 905 945 940 913 935 933 937 -4 971 987 971 953 973 966 989 985 939 987 978 960 984 951 933 975 967 972 972 931 927 916 963 973 975 926 989 993 964 964 1001 -37 946 969 983 963 960 924 917 944 967 961 931 945 948 959 973 895 931 892 939 946 967 822 977 968 922 969 965 961 943 940 938 -2
District Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajpati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Subaranpur Sundargarh ORISSA (Census-2001) (Census-1991)
Variation in 2001 Census over 1991 Census
CLAP 30
Source: Computed from Census 2001.
Table-2.8 District-wise Comparative analysis of CSR (0-6 Years) with Aggregate Sex Ratio & its consequence
District CSR (As per Census 2001) 998 984 CSR (As per Census -1991) 1001 Aggregate Sex Ratio (Census -2001) 991 1001 Aggregate Sex Ratio (Census -1991) 989 999 Child (0-3 Yrs.) Sex Ratio (As per CTA-05)* 1007 981 Comments
Nawarangpur Kalahandi
Koraput
983
1006
999
991
1003
Malkanagiri Rayagada Kandhamal Sundargarh
982 980 970 969
994 967
997 1028 1008 957
985 1012 999 936
1004 1006 949 954
Nuapada Bolangir Subanapur Boudh Gajpati Keonjhar Sambalpur Baragarh Deogarh Mayurbhanj ORISSA
968 967 967 966 964 961 959 957 956 956 952
975 981 970 962 966
1007 984 966 984 1031 977 969 976 980 980 972
1002 981 979 987 1027 974 956 979 982 979 971
968 970 946 926 980 979 941 946 942 983 947
Jharsuguda Balasore Bhadrak Kendrapara
949 943 942 940
961 -
946 953 974 1014
938 955 985 1007
953 939 953 936
CSR is almost balanced while the aggregate sex ratio is marginally titled against women. A slight improvement in 2011 Census. Aggregate sex ratio is above unity and two points more in 2001 Census Report over Census 1991. 17 points drop in Child Sex Ratio. Sign of negative slide in the demographic composition of child population in 2011 Census. Decrease in child sex ratio and increase in aggregate sex ratio in 2001 Census over 1991 Census. Sharp decline is evident in child sex ratio. Sign of improvement in Child Sex Ratio and accordingly marginal increase in overall sex ratio in 2011 Census. Aggregate sex ratio is above unity. Sign of improvement in Child Sex Ratio in 2011 Census. Aggregate sex ratio is above unity. Cause of concern is for Child Sex Ratio. More dip in CSR would be on cards for 2011 Census. Increase of Sex Ratio in 2001 was due to the increase of female-male Child Sex Ratio. Considering the further drop in Sex Ratio among children born after 2001, the district shall witness more gender imbalance in 2011 Census. The favourable sex ratio can be reversed in 2011Census considering the gender imbalance among children. The overall Sex Ratio shall remain same in 2011 Census. A sign of further decline in Female-Male Ratio in 2011 Census. The district shall witness a further drop in FemaleMale Ratio. Aggregate sex ratio is above unity. A marginal increase would be evident in Child Sex Ratio in 2011 Census. A marginal Increase in aggregate sex ratio in 2011 Census. The district shall witness a further dip in FemaleMale Ratio for 2011 Census. The district shall witness a further dip in FemaleMale Ratio for 2011 Census. Considering the sequence of decrease in Female Male Child Population, there would be dip in overall Sex Ratio. A sign of improvement in aggregate Sex Ratio in 2011 Census. Although the sex ratio in both categories is acceptable in comparison to All India Statistic, the main cause of concern is sharp decrease in terms of child sex ratio over the years. A further decrease would be marked in Sex Ratio for 2011 Census. The Sex Ratio shall remain almost unchanged in 2011 Census. A negative slide in the child demographic profile and accordingly a further decrease in overall Sex Ratio for 2011 Census. Wide difference is visible between aggregate sex ratio and Child Sex Ratio. Sign of improvement in 2011 Census. Considering the rate of decline as regards to Child Sex Ratio, the overall sex ratio shall drastically come down in 2011 Census, what the district has not yet witnessed.
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Cuttack Ganjam Angul
939 939 938
944 955 -
938 998 941
922 1006 942
926 891 909
Jajpur Puri Khurda Dhenkanal Jagatsinghpur Nayagarh
936 931 926 925 925 904
947 959 -
973 968 902 961 963 938
977 970 903 954 922 958
932 927 929 893 926 891
The trend of Female-Male imbalance in Child Population shall continue. A shape decline is definitely on cards for Child Sex Ratio and accordingly aggregate sex ratio shall come down. The district shall witness a further dip in CSR and as a logical consequence to this trend the aggregate sex ratio shall proportionately come down. A decrease in Sex Ratio for 2011 Census. The sign of decrease is evident in CSR and overall Female-Male Ratio for 2011 Census. The Sex Ratio shall remain unchanged and as a result still continues to be in unacceptable proportion. A shape decline is definitely on cards for Child Sex Ratio and accordingly aggregate sex ratio shall come down. No sign of change is visible to be marked in 2011 Census; hence the Sex Ratio shall remain unfavourable to female. A more dip in CSR and accordingly the overall Female-Male Ratio. It is also perceived that the district shall remain at the bottom among the districts of the State as regards to Juvenile Sex Ratio.
*Child Tracking Report 2005; Orissa Primary Education Programme Authority. Table-2.9 Comparative Assessment of Child Sex Ratio with Education and Health for Top five and Bottom five Districts of Orissa District (Bottom Five) Child (0-6 Yrs.) Sex Ratio a Education b Literac Rank of the y Rate District in State in terms of Literacy Rate 70.52 10 79.08 69.42 79.59 77.96 02 11 01 03 Human c Development Index value Rank of the d District in the State as regards to Heath 14 05 03 09 02 Rank of the District in the State as regards to Heath 28 23 29 30 26 Rate of e Infant Mortality
Nayagarh Jagatsinghpur Dhenkanal Khurda Puri District ((Top Five)
904 925 925 926 931 Child (0-6 Yrs.) Sex Ratio
0.571 0.557 0.591 0.736 0.657 Human Development Index value
23.92 13.73 17.62 17.33 26.52 Rate of Infant Mortality
Nawrangpur Kalahandi Koraput Malkanagiri Raygada

a & b
998 984 983 982 980
Education Literacy Rank of the Rate District in State in terms of Literacy Rate 33.93 29 45.94 35.72 30.53 36.15 24 28 30 27
0.436 0.606 0.431 0.370 0.443

d-
66.60 42.12 48.52 64.17 80.46
Census-2001; c Orissa Human Development Report, 2004; Mumbai; e- Directorate of Health Services, Orissa.
District Level Household and Facility Survey (IIPS),
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It has been well accepted and needs to be highlighted that Orissa is heading towards worse situation in terms of female population. At the district level, the Child Sex Ratio is grim in the districts such as Nayagarh, Jagatsinghpur, Dhenkanal, Khurda, Puri, Jajpur, Angul, Cuttack, Kendrapara and Bhadrak, the districts likely to be more developed in terms of economy, education and health. On the contrary the districts where Child Sex Ratio it quite favourable are Nawarangpur, Kalahandi, Korapute, Malkangiri and Raygada, the district having large concentration of tribe population. This has reflected that gender discrimination of female population has been taking an acute from in relatively developed districts of Orissa. It is further observed that the literacy is found to have significant impact on the continuing trend of decline in child sex ratio and simultaneously it is evident that the gap between female-male children has been more pronounced among educated, rather than illiterate. When ratio of male to female child has become 1.0: 0.9, the practice of female foetcide, infanticide and wide spread neglect to female children in terms of healthcare and nutrition can be safe conclusion to this peculiar kind of situation. FACTORS RESPONSIBLE FOR DECLINING SEX RATIO: 1. 2. 3. 4. Deep rooted patriarchal mindset, preference for son and aversion for daughter, gender inequality. Generic faith among Hindu that son is essential for salvation (Mokshya), for taking care of parents in old age and for continuity of family lineage. Two-Child norms policy increases sex selection and pre-birth elimination till a son is born. Advanced Technologies like amniocentesis, ultra sonography; foetscopy meant for detecting foetal abnormalities are misused for sex determination and ultimately made way for female foeticide. Box-2.1 Law in India for providing Protection to Foetus:
1. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 2003. This Act provides regulation of the use of preconception and Pre-Natal Diagnostic Techniques for the purpose of detecting genetic or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide. This Act provides for the termination of certain pregnancies by registered medical practitioners. There are provisions (Section-312 to 318) in the IPC to punish the person who commits the offence of foeticide or infanticide.
2. The Medical Termination of Pregnancy Act, 1971. 3. Indian Penal Code.
The easier access and availability of genetic centre having ultra-modern technology for determining the sex in the mothers womb have prompted the parents to opt the method for identification of the sex and if female foetus is found they go for abortion without any hesitation and as a result female foeticide has been rampant in urban areas and of late, it is also getting into rural areas. This practice is mostly preferred in regard to second and third pregnancy if the first one is a girl. The use of sex selection abortion technology has been a predominant factor further violation of girl childs right to survival. It envisages the concerted efforts in enhancing awareness and strict enforcement of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 2004 to address the issue of declining sex ratio.
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CHAPTER-III
BIRTH REGISTRATION
A Right of Every Child
Birth registration is the official recording of the birth of a child by the administrative wing of the government. Registration of birth is the States first acknowledgement of a child existence. In fact, a proper birth registration is considered to be the First Right of a child. A birth certificate is a childs proof of identity and ticket to citizenship. The privilege of having birth certificate opens floodgates to the fulfilment of rights and other entitlements that a nation provides to its citizens. It is the right of the every child born in the country to have its birth registered and accordingly it shall be the duty of every State to make birth registration accessible and available to all without having any administrative inconveniences. Box-3.1 Recognising the fact that registration of the birth is a fundamental right of every child, the World Health Organisation defines a live birth as a baby that breathes or shows any other sign of life after delivery, irrespective of the duration of pregnancy. This means that all babies born alive should be registered and their existence recognised whatever their gestational age and regardless of whether they are still alive at the time of registration. The universal and continuous recording of the occurrence of births and deaths constitutes the main source of vital statistics on demographic profile of a State.
What to be registered under The Registration of Births and Deaths Act 1969? Live Birth means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life, and each product of such birth is considered live-born. Still Birth means foetal death where a product of conception has attained at least the prescribed period of gestation. (Prescribed period of gestation means 28 weeks as defined in Rule-3 of The Orissa Registration of Births and Deaths Rules, 1970).
The Government of India has framed an Act Death means the permanent disappearance of all known as Registration of Births and Deaths evidence of life at any time after live birth has taken place. Act 1969 and institutions have been set up in all the States to maintain proper and accurate Foetal Death means absence of all evidence of life prior record of births and deaths in the country. The to the complete expulsion or extraction from its mother of objective of this Act is to regulate the registration a product of conception irrespective of the duration of of births and deaths in the country and to pregnancy. maintain the adequate and accurate countrywide registration data for thes purpose of national planning, understanding the requirement of public health and medical activities, developing family planning programmes and reproductive child health programmes. It is compulsory to register all the births and deaths under provision of Act taking the notion of the legislation as granted. The Act provides an extended meaning of the terms Birth and Death by including still birth and foetal death under its ambit. Deriving the power from Section-30 (1) of the Act, the Government of Orissa has made the rules namely, Registration of Births and Deaths Rules of Orissa, 1970 in subservient to the Central Act. The Director of Health Services, Orissa has been declared as Chief Registrar of Births & Deaths. He is the Chief Executive Authority of the State for Implementation of provisions of Registration of Births & Deaths Act, 1969. He is assisted by the Additional Chief Registrar of Births & Deaths (Joint Director of Health Services, Orissa), Deputy Chief Registrar of Births & Deaths (Deputy Director, Vital Statistics, Orissa), Assistant Chief Registrar of Births and Deaths (Assistant Director, Vital Statistics) and Technical Staffs at the State Level.
CLAP 34
At the District level, Chief District Medical Officers and the Assistant District Medical Officers have been declared as District Registrar of Births and Deaths and Additional District Registrar of Births and Deaths, respectively, and they discharge their function for their districts. The Medical Officers In-charge of the Primary Health Centres and Health Officers has been functioning as Registrar of Births and Deaths, respectively for rural areas and municipal corporation/ municipality/notified area council.
Box-3.2 Duty of the Persons for providing information to the Registrar regarding Births & Deaths Place of Birth Informant House/Households Head of the Households/ Oldest Adult Male/Nearest Relative. Hospitals/Nursing Homes Medical Officer in-charge/ Any person authorised by him. Jail Jailor Hostel/Dharmasala/Lodging/Place of Public Resort. Person-in-charge Deserted Public Place Headman of Village/Officer in-charge of local Police Station. Plantation Superintendent of Plantation Moving Vehicle Person in-charge of the Vehicle
Box- 3.3 In course of the birth registration a wide variety of information concerning the child and his/her family is collected. The format introduced in January 2000 is especially designed to include the following vital information: Date of birth. Sex. Name of the child. Name of father. Name of Mother. Place of birth. Informants name. Town or village of residence of mother. Religion of the family. Fathers level of education. Mothers level of education. Fathers occupation. Mothers occupation. Age of the mother at the time of marriage. Number of children born alive to the mother so far, including the child. Type of attention at delivery. Method of delivery of the newborn. Birth weight. Duration of pregnancy
INTERNATIONAL DECLARATIONS Article-7 of the Convention of the Rights of the Child (CRC), 1989 The Child shall be registered immediately after birth and shall have right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents. Article-8 of the CRC State Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference. Article-15 of Universal Declarations of Human Rights (1948) Every one has right to a nationality. Article-24 of International Covenant on Civil and Political Rights Every child shall be registered immediately after birth and shall have a name. Every child has the right to acquire a nationality. Article-29 of International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, Each child of a Migrant Worker shall have the right to a name, to registration of birth and to a nationality. Innocenti Digest-No-9-March-2002 UNICEF. Ensuring the right to a name and nationality and to know ones parents implies that registration should, as a minimum, include the childs name, sex, date and place of birth and the name, address and nationality of both parents. While a persons name may be their most distinctive mark of individuality- a right recognized in the CRC- additional data, such as family ties and nationality, promote the childs right to legal protection by parents and by the State.
CLAP 35
The United Nations Convention on the Rights of the Child (CRC) has provided an impetus to the subject of birth registration by making it a right of the child in Article7. A proper birth registration of a child immediately after birth confers the following entitlements: A. Right to a Name. B. Right to a Nationality. C. Right to have Parental and Family Care. The importance of birth registration and need of birth certificate does not come to an end with childhood; it is the record, which is very much essential in many situations during the course of life such as: First school admission. This is compulsory in some States. It might be mandatory in Orissa at any point of time. Entry of the name of the newborn in the ration card. Opening a bank account. Obtaining driving license. Availing photo-identity Card for Voting. Obtaining a Passport. In courts, an evidence of proof of age. It not only provides legal protection to the children in conflict with law but can also make difference between life and death. Not only birth certificate is significant for an individual, it is vital for the State also. A complete civil registration system is the sole way to generate reliable information on various demographic indicators like births and deaths rates, infant mortality rate, maternal mortality rate, and child sex ratio at the micro and macro level. Without a proper and efficient registration system, the State does not know about birth rate or death rate. Without knowledge based demographic profile on children, it is difficult for authorities to know how many children are to be immunised or how many schoolrooms to be built. An effective system of birth registration is a fundamental tool to the rational operation of good and human governance. Complete, timely and accurate registration of births and deaths shall enforce the government for accurate planning with adequate budgetary allocation and implementation of developmental policies and programmes, particularly in health, education, housing, water, sanitation and employment. Despite the acknowledged importance of civil registration from social, economic, political and legal point of view, the status of birth and death registration has been unsatisfactory. The Government is uncertain as to what proportion of children are registered. Most of people even do not know where to register and what are the advantages of having it. In the year 1995, 55% of children have been covered under birth registration as per the report of Department of Women and Child Development, Ministry of HRD, Govt. of India (The Indian Child: A Profile 2002). According to report of UNICEF, The Progress of Nation (1998) India ranks four (4) in the level of registration between East and South Asian Countries. The neighbouring country China and Srilanka hold number one (1) position and Pakistan ranks two (2).
WHAT DOES THE RANKING MEAN? 1. 2. 90% and more registered 70% to 89% registered
3. 50% to 69% registered 4. 30% to 49% registered
The Mapping of Indias Children: UNICEF in Action recorded that 90.3% of Under-Five Children in Orissa are not registered, while the corresponding national figure is 65.3%. Kerala, easily the best State in India in terms of almost all social indicators, ranks number one among major States and UTs in terms of birth registration where only 11.1% is children aged less than five years who are not registered at birth. This statistics is based on the report in Multiple Indicator Cluster Survey (MICS) 2000.
CLAP 36
Table 3.1
PERCENTAGE OF CHILDREN AGE UNDER-5 WHO ARE NOT REGISTERED AT BIRTH
Broadly there are two kinds of deliveriesinstitutional delivery and delivery at home. Babies born in hospitals are likely to be registered because under the Registration of Births and Death Act, 1969, it has been mandatory for the medical officer-in-charge to give information to the Registrar of Birth either orally or in writing. In the event of delivery at home, more often it constitutes two-third percentage to the total child born in Orissa, people are not coming forward to register the events either voluntarily or grassroots mechanism have not been well equipped to make the systems effective.
Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 a 16 b 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
States/Union Territory Andaman & Nicobar Andhra Pradesh Aruna Chala Pradesh Assam Bihar Chandigarh Chhatisgarh Dadra & Nagar Haveli Daman & Diu Delhi Goa Gujrat Haryana Himachala Pradesh T Jammu & Kashmir Jharkhanda Karnataka Kerala Lakshadweep Madhya Pradesh Maharashtra Mainpur Meghalaya Mizoram Nagaland ORISSA Pondicherriy Punjab Rajasthan Sikkim Tamil Nadu Tripura Uttar Pradesh Uttaranchala West Bengal INDIA
Table-3.2 Distribution of Districts by Percentage of Institutional Delivery Percent of Institutional Delivery < 20 20-30 30-40 40-50 50-60 Mean No of Institution 7 15 5 2 1 26.8
Source: Computed from the District Level Household & Facility Survey Report on RCH (Round-II) Orissa, 20022004; IIPS, Mumbai.
Table-3.3 Distribution of Districts by Percentage of Birth Registrations with Certificate Issued Percent of Birth Registration < 10 10-20 20-30 30-40 Mean No of District 13 9 3 3 13.5
Percentage of Children Age Under-5 Who are not Registered at Birth 7.5 67.6 67.0 70.2 98.4 28.6 53.7 28.6 5.8 29.2 4.7 12.5 25.3 6.4 52.1 93.7 49.0 11.0 7.6 70.1 19.6 72.5 67.4 15.8 51.2 90.3 6.3 11.1 87.6 31.3 30.9 52.1 93.5 78.1 48.8 65.3
Source: Computed from the Information Provided by D.H.S., Orissa (The Information On Birth Registration is not available for Sonepur & Nawarangpur District.
CLAP 37 Table- 3.4 District-wise Information on Birth Registration in Orissa for the Year-2005.
District No of Registered Live Birth 20566 42909 20793 23673 19698 7935 44405 5248 19453 11040 54712 15831 28407 8697 27453 13322 23665 28503 38014 22388 12867 47964 22753 14976 6840 6249 16354 19286 9478 34546 668025
1. 2.
No of Birth Certificate Issued 3085 2683 1696 1998 758 230 14790 847 4775 1020 14553 2859 3360 1833 1558 981 8105 1054 13591 2991 630 697 N.A 1756 803 670 722 3829 N.A 2730 94604
% of Birth Certificate Issued to the No. of Registered Live Birth 15.0 6.2 8.2 8.4 3.8 2.9 33.3 16.1 24.5 9.2 26.6 18.1 11.8 21.1 5.7 7.4 34.2 3.7 35.7 13.4 4.9 1.4 11.7 11.7 10.7 4.4 19.8 7.9 14.1
1. Angul 2. Balasore 3. Baragarh 4. Bhadrak 5. Balangir 6. Boudh 7. Cuttack 8. Deogarh 9. Dhenkanal 10. Gajapati 11. Ganjam 12. Jagastsinghpur 13. Jajpur 14. Jharasuguda 15. Kalahandi 16. Kandhamal 17. Kendrapara 18. Keonjhar 19. Khurda 20. Koraput 21. Malkanagiri 22. Mayurbhanj 23. Nawarangpur 24. Nayagarh 25. Nuapada 26. Puri 27. Raygada 28. Sambalpur 29. Sonepur 30. Sundargarh ORISSA
Source:
% of Delivery at Govt. Institute 26.6 21.1 23.0 28.8 32.9 33.1 29.1 28.9 35.2 13.0 26.5 50.0 23.0 24.2 27.1 28.4 36.9 15.5 43.0 16.9 7.1 25.4 19.9 30.5 16.6 51.9 11.9 29.6 24.7 23.2 25.6
% of Delivery at Home 62.3 69.0 67.9 63.5 61.1 65.6 37.8 67.6 52.0 78.7 66.3 35.5 63.8 62.8 69.4 66.8 57.7 79.0 46.5 80.7 89.3 67.2 71.3 60.5 74.8 39.4 79.8 55.6 68.9 62.6 64.4
Information available from Directorate of Health Services, Government of Orissa. District Level Households and Facility Survey on RCH (Round-II, 2002-04) IIPS.
Although 36 years have been elapsed since the enactment of legislation regulating the births and deaths in Orissa, like other parts of India, the level of birth registration remains poor. As it is evident from the above table that out of 668025 numbers of children whose live births were registered in the year 2005, only 94604 numbers of birth certificates have been issued which is estimated to be 14.1% of the total live birth registered. Unless the registration is followed by issuance of birth certificate it cannot be said to be a complete birth registration.
CLAP 38
The incidence of birth registration in Khurda district is 35.7%, a figure that is comparatively high among the districts of Orissa. The district Khurda is followed by the district of Kendrapara (34.2) and Cuttack (33.3). In as many as 10 districts the percentage of birth registration is below 10% and the figure is between 10-20 percent in 9 districts. As regards to the event of institutional delivery, the district Puri with institutional delivery of 51.9% stands at the top among the 30 districts of Orissa, followed by Jagatsinghpur with 50%. However, as per the information available, the birth registration remains alarmingly low in Puri & Jagatsinghpur district with the figure of 10.7% & 18.1% respectively. There is also inter-districts variation in the incidence of institutional delivery. The district-wise distribution of birth registration trend highlights the worst situation in Mayurbhanj, Boudh, Balangir, Kalahandi, Kandhamal, Sonepur, Malkanagiri, Balasore, Puri and Jagatsinghpur. While it is common perception that institutional delivery promotes the birth registration due to the compulsion of medical officer in-charge to inform the event of births in their respective hospitals to the registrar of birth and death, but it is not so in Orissa. In light of this harsh situation of civil registration in Orissa, there is urgent need to take following strategy to make birth registration compulsory, continuous and universal. i) ii) iii) iv) v) vi) Massive awareness on the utility of birth registration. Involvement of Anganwadi Workers in civil registration system. Linkage of birth certificates with immunisation, health care services, availability of childcare services and benefit from social security services and welfare measures. Making birth certificate mandatory for school enrolment. Improvement in the management system for supervision and monitoring of registration and issue of certificates. Effective implementation of Registration of Births and Deaths Act 1969 in true spirit.
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CHAPTER-IV
EARLY CHILDHOOD CARE AND DEVELOPMENT
Programme of ICDS Requires Convergence and Dynamism.
Early Childhood Years is a special time and place in human life cycle. It is the foundation of human life to achieve optimal physical growth and psychological development. Early Childhood Care and Development (ECCD) are important for survival, growth and development of child. The term growth and development shall have qualitative dimension. It is not intended only to physical growth or health but also mental, emotional, cognitive and social development. The first eight years of childhood are critically important and the physical growth in positive environment leads to proper mental progress and this is invariably related for the better performance in early education. This implies and it has been well recognised that Early Childhood Care and Development and Early Childhood Care and Education are the two sides of the same coin. STATUS OF YOUNG CHILDREN IN ORISSA The population of pre-school children (0-6 Yrs.), as recorded in Census-2001, was 5.35 Million, which constituted 14.5 percent of the total population. Recognising the report of child tracking survey undertaken by Orissa Primary Education Programme Authority (OPEPA) that presently there are 4.13 Million children in Orissa in the 0-5 years aged group, of which 2.13 million are boys and 2.0 million are girls.
Constitutional Provisions and Programmes of Govt. of India for ECCD

Provision/Policy Constitution of India [Article -39 (f)] What it Speaks? State shall, in particular, direct its policy towards ensuing 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 moral and material abandonment. State shall endeavour to provide Early Childhood Care and Education (ECCE) for all children until they complete the age of 6 years. State shall provide adequate services for children both before and after birth, and during the growing stage for their full physical, mental and social development. Reduction in severe and moderate malnutrition among under-five children by half between 1990-2000. Reduction in incidence of low birth weight babies. Expansion of early childhood development activities including appropriate low cost family and community based interventions. Universalisation of ICDS in all 5652 block of the Country. Securing of every child inherent right to enjoy happy childhood and addressing the root causes that negate the health, growth and development of children.
[Article -45]
National Policy Children-1974
for
National Plan of Action for Children-1992
10th Five Year Plan (20022007) National Chatter for Children 2003
INTEGRATED CHILD DEVELOPMENT SERVICES (ICDS)

The major programme of the Government of India for ECCD is the Integrated Child Development Services (ICDS), which was launched in 1975. The main objective of the programme include (1) reducing infant and maternal mortality; (2) improving the nutritional and health status of children and mothers; (3) laying the foundation for psychological, Physical, and social development of children; and (4) improving nutritional status of girl children in particular. The target group of ICDS include children in the age of 0-6 years, pregnant women and lactating mothers from the poorer sections of the population in rural areas and in some urban slums.
CLAP 40
The major activities undertaken through ICDS are: Immunisation Supplementary Nutrition Growth monitoring and promotion Health Check up Health and Nutrition education to adult women and adolescent girls. Pre-School Education.
Sl. No.
Table- 4.1 District-wise Child Population in 0-5 Years of Age

4-5 Yrs, 0-3 Yrs. Child Child Population Population 1. Angul 69685 36583 2 Balasore 170545 76809 3 Baragarh 82760 43318 4 Bhadrak 98710 59207 5 Balangir 94577 50751 6 Boudh 38535 14225 7 Cuttack 132543 74292 8 Deogarh 20619 10806 9 Dhenkanal 75941 38029 10 Gajpati 47394 25770 11 Ganjam 229337 116539 12 Jagatsinghpur 73587 39520 13 Jajpur 111373 63593 14 Jharasuguda 31780 16584 15 Kalahandi 114912 65448 16 Kandhamal 56797 25683 17 Kendrapara 87072 47490 18 Keonjhar 130360 70352 19 Khurda 114298 62960 20 Korapute 106012 53415 21 Malkanagiri 50509 27321 22 Mayurbhanj 146051 84603 23 Nawarangpur 104360 53142 24 Nayagarh 62318 30172 25 Nuapada 48487 22891 26 Puri 93565 54168 27 Raygada 83809 46564 28 Sambalpur 60799 30042 29 Subaranpur 39583 21042 30 Sundargarh 129055 68409 ORISSA 2705373 1429725 Source: Child Tracking Report 2005; (OPEPA) District Total 106268 247354 126078 157917 145328 52760 206835 31425 113970 73164 345876 113107 174966 48364 180360 82480 134562 200712 177258 159427 77830 230654 157502 92490 71378 147733 130373 91841 60625 197464 4135098
The ICDS is organised through a chain of projects, each of which is located at a community development block covering a population of 1,00,000 in rural and urban areas and a population of 35,000 in tribal areas. The administration and flow of resources under ICDS follows in a decentralised process. At each stage, various key officials are in charge of service delivery and with responsibilities affixed. The District Social Welfare Officer (DSWO) is responsible for overall implementation of the programme within the concerned district. Each block has a Child Development Programme Officer (CDPO) for overseeing the programme. At the village level the Anganwadi Worker (AWW) is the focal point for delivering the services to the beneficiaries. The CDPO is the link between ICDS functionaries and government administration.
One of the aims of the ICDS programme is Convergence. The programme is supposed to ensure convergence of supportive services such as safe drinking water, environmental sanitation, womens empowerment programme, non-formal education and adult literacy. However, the reality at ground level is quite different and there is hardly any evidence of such convergence. There is no comprehensive approach to address the issues of ECCD in India. Most of the services i.e. relevant for Children in their Early Childhood are operating in isolation like immunisation programme, crche facilities and upgradation of nutritional status. The only scheme that exists in Orissa, like other parts of the India, in a comprehensive form is ICDS. In Orissa, as on 2005, there were 326 ICDS Projects across the State covering 314 Blocks and 12 urban areas with a network of 34201 Anganawadi centres.
CLAP 41 Table-4.2 Distribution of ICDS Projects & AWCs by District of Orissa for the year 2005-2006
Sl. No. District Existing ICDS Projects Number of ICDS Projects Angul Balasore Cuttack Bhadrak Khurda Puri Jagatsinghpur Jajpur Kendrapara Dhenkanal Ganjam Baragarh Deograh Jharsuguda Nayagarh Sambalpur Sundargarh Gajpati Kandhamal Boudh Keonjhar Mayurbhanj Koraput Nawarangpur Malkanagiri Rayagada Kalahandi Nuapada Bolangir Sonepur TOTAL Explanatory Note:
1.
Number of AWCs 1032 1578 1741 1002 1093 1030 864 1355 1064 971 2611 1244 294 568 865 917 1584 631 963 417 1590 2994 1342 994 580 1001 1214 585 1261 416 33801
1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
8 12 15 7 11 11 8 10 9 8 23 13 3 7 8 10 19 7 12 3 14 26 15 10 7 11 14 5 14 6 316
Approximate Requirement of ICDS Project & AWCs for Universalising the Programme Minimum Total Population Estimated Requirement of as per 2001 Population as on AWCs as on Census 1st March-2004 March -2004 1140003 1177623 1177 2024508 2091316 2091 2341094 2418350 2418 1333749 1377762 1333 1877395 1939349 1939 1502682 1552270 1552 1057629 1092530 1092 1624341 1677944 1677 1302005 1344971 1344 1066878 1102084 1102 3160635 3264935 3264 1346336 1390765 1390 274108 283153 404 509716 526536 752 864516 893045 893 935613 966488 1380 1830673 1891085 2701 518837 535958 765 648201 669591 956 373372 385693 550 1561990 1613535 2305 2223456 2296830 3281 1180637 1219598 1742 1025766 1059616 1513 504198 520836 744 831109 858535 1226 1335494 1379565 1970 530690 548202 783 1337194 1381321 1381 541835 559715 559 36804660 38019248 44284
For each district, estimation of population in 2004 has been made by combining 2001 Census figures with Sample Registration System estimates of population growth (SRS Bulletin, Vol-39, April-2005; Vol-38, April-2004; Vol-37, April-2003 providing information on natural growth rate in Orissa for the year 2003, 2002 and 2001 respectively).
2.
AWCs Requirements have been calculated by applying Central Norm of one AWC per 1000 population and one AWC per 700 populations in the districts having large concentration of tribal population.
Table-4.3 Beneficiaries covered under ICDS in Orissa during 1999-00 to 2004-05(in lakh)
Sl. No 1 2 3 4 5 6 Name of the Scheme Immunisation Health Check Up Supplementary Nutrition Referral Services Pre-Primary Education Health and-Nutrition Education 1999-00 25.29 3.47 21.99 1.36 6.88 3.80 2000-01 27.69 5.40 19.89 1.45 8.92 3.87 2001-02 32.26 6.09 28.79 1.97 9.81 4.63 2002-03 36.66 7.62 28.79 2.46 9.97 5.34 2003-04 34.13 9.22 29.65 4.06 10.61 5.37 2004-05 35.53 9.59 30.86 6.49 10.96 5.91
CLAP 42
According to a report, services under ICDS Schemes have covered only 2.5 million children in the age group of 0-6 years, while the child population in the same age group is estimated to be 5.4 million (The SNP in Orissa; Economic Report-2006; Poverty Reduction and Economic Management, South Asia). The services of ICDS Projects have not a yet reached to every poor young child even after 30 years of existence in Orissa. As per the estimation made by a report published by HAQ: Centre for Child Rights- 2005, that 74,367 number of AWCs are required in the rural areas to universalise ICDS in Orissa. Of these 26,213 AWCs are required in schedule tribe dominated habitations and 48,154 number of AWCs required in other habitations. Commensurate with urban population 5714 number of AWCs are required to universalise ICDS in urban areas of Orissa.
SCOCKING PERFORMANCE OF ICDS IN ORISSA The report of the Comptroller and Auditor General (CAG) speaks the volume of dismal performance of ICDS of providing the basic services. The Integrated Child Development Services (ICDS) scheme has failed to achieve the objectives of providing basic services in critical areas like nutrition, health check-up and education to pre-school children and expectant and lactating mothers. The State-level coordination committee required for monitoring and evaluation of the implementation of the scheme was not constituted. The districts do not have coordination committees to monitor ICDS activities at their own level. The number of anganwadi centres, the focal point of delivery of services fall short of the norm. The centres, which are in operation, do not have basic facilities of safe drinking water and toilets. Against the requirement of 40,297 AWCs, 37,480 were sanctioned for the State.However, only 34,201 AWCs are functioning and of these drinking water facilities are not available in 21847 centres. More galling is the fact that none of the centres has toilet facilities. Planning for the implementation of the programme is grossly inadequate and the low spending by the Women & Child Development Department led to curtailment of central assistance of Rs. 35.48 crore. Against the budget provision of Rs.607.03 crore for the year 2001-2006 under the central plan,saving amounted to Rs.132.16 crore. Failure in utilising these funds led to loss of central assistance during the period. Out of an annual average of 33.12 Lakh beneficiaries required to be covered under the Supplementary Nutrition Programme, the coverage range between 13.6 Lakh and 29.06 Lakh during the period. The infant mortality rate of Orissa, which was 77 per 1000 live births, was much higher than all India average of 58. The percentage of severely malnourished children remains around 5 percentages. The AWCs should function in proper coordination with the primary health centres to strengthen the immunisation, health check up and referral services. The coverage of beneficiaries under the SNP should be enhanced and the quality of food be ensured.(ICDS fails in health care,nutrition; The New Indian Express,4th Dec,2006).
The AWCs are not only the child care centre located within vicinity of village but also the meeting grounds where womens/mothers groups can come together to promote awareness and joint action for child development, re-productive and child health and women empowerment. Thus AWCs are considered to be the most important grassroots institution for bringing about convergence of basic services for the survival, growth and development of children. Considering the importance of AWCs, it is imperative for the AWCs to have a proper infrastructure in clean and good environment. But adequate and appropriate infrastructure has become a major obstacle for the implementation of the programme. More than 40% AWCs have not their own building and more than 45% do not have toilet facilities, while 30% do not have basic drinking water facilities. In the absence of adequate data, it is difficult to give a comprehensive Table-4.4 Status of AWC Building in the KBK Districts picture of infrastructure of all AWCs in Number of Sl. District Total AWC Number of AWC Orissa. However the information available AWC No. having Building without of its own of eight KBK Districts of Orissa does Building enable us to give an analysis of facilities of 1 Bolangir 1261 794 467 AWCs operating in these districts. 2 Kalahandi 1214 676 538 Early Childhood is a special time and pivotal place in humans cycle of development. Early Childhood Care and Development (ECCD) and Early Childhood Care and Education (ECCE) are inextricably related with each other and indispensable for the survival, growth and development of a child. The 86th Constitutional Amendment has made the Education as a Fundamental Right to children in the age
--------------------State of Children in Orissa-------------------3 4 5 6 7 8 Malkanagiri Korakput Nuapada Nawarangpur Rayagada Sonepur Total Percentage 580 1342 585 994 1001 416 7393 100% 534 1051 279 753 556 169 4812 65% 46 291 306 241 445 247 2581 35%
CLAP 43
group of 6-14 years. The switch over of education from Directive Principles of State Policy to the chapter of Fundamental Right has created a vacuum for addressing the care and education of the children in the age group of 0-6 years. Accordingly, government has tactfully tackled the issue by amending the Article45 of the Constitution and incorporated provision for Early Childhood Care and Education (ECCE). Article-45 speaks, the State shall endeavour to provide Early Childhood Care and Education for all children until they complete the age of 6 years. The network of AWCs is supposed to be most important infrastructure for the ECCE. Providing Pre-primary Education to the children in the age group of the 3-6 years is one of the activities of ICDS and it is being provided through the AWCs. The lack of basic infrastructure in AWCs, inadequate learning kits for the kids, lack of nursery training for AWW and low motivation arising out of under paid have kept the schemes only on paper. The quality of the services provided by ICDS has not kept pace with quantity. ICDS cannot be integrated programmes and shall provide comprehensive services unless the programmes go for innovation, expansion and quality up-gradation. And quality does not come without investment. Thus more budgetary allocation is required to meet the challenge of the present needs and make the programmes effective.
CLAP 44
CHAPTER-V
HEALTH
Miles to Go for Achieving Health of Public Standard.
Human beings are the pivots around which all kinds of development revolve. They are entitled to be healthy and have prolonged life. Health is wealth is a primordial saying. It is true even today. Health of the people can be accomplished through public health measures. Public health is both a science and art of preventing diseases, promoting health and caring of mental or moral health through efficient health care systems and organised community efforts. The right to health is clearly spelt out in various international human rights law. It is explicit in Article-25 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948. As enshrined in first paragraph of Article-25, everyone has a right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services. Article-12 of the international Covenant on Economic, Social and Cultural Rights formulates the right to health in the words of the State Parties of the Covenant recognise the right of everyone to the enjoyment of physical and mental health. The United Nations Convention on the Right of the Child, 1989 has given impetus to the child rights to health by entrusting responsibilities on the State Parties to provide highest standards of health facilities. Further, it is obligatory for the State Parties to ensure that no child is deprived of his or her right of access to such health care services. According to the Constitution of World Health Organisation (WHO), health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition has given a broad conceptual clarity of the term health and in practice, it puts obligation on the State Parties to give adequate importance and respect for securing peoples rights to health. The health status of people can be reflected from variety of factors: i. Crude birth rate and Crude death rate Life expectancy of people at birth Environmental condition Infant & Child Mortality Child Health Maternal Health Care Health Care Infrastructure
ii. iii. iv. v. vi. vii.
(i) Crude Birth Rate and Crude Death Rate: The birth and death rate is one of the indicators to assess the overall the health status of the population. Demographic profile of a State at any point of time is greatly shaped by this determining factor. The Crude Birth Rate (CBR) in Orissa and India for 2003 is 23.0 and 24.8 respectively and the extent of decline in CBR between 1997 and 2003 is about 13.3% and 8.9% respectively. The Crude Death Rate (CDR) in Orissa has declined from 10.9 in 1997 to 9.7 in 2003 and the rate of decline in the period of 1997-2003 is estimated to be 11.1 percent. Similarly the CDR in India has come down from 8.9 in 1997 to 8.0 in 2003, so the extent of decline is 10.2 percent. A close look at the table presenting CBR and CDR in India and Orissa, make it clear that in rural areas of Orissa the birth rate has declined at a greater pace than the urban areas, but the extent of decline in death rate has been relatively slow in comparison to rural areas. As a result the rate of population growth remains the same in Orissa for the year 2003, where as a marked difference is visible between rural and urban areas at the national level.
CLAP 45
Table-5.1
Level of and Trend in Birth Rate, Death Rate and Natural Growth Rate in India and Orissa
India/ Orissa Year Total Birth Rate Rural Urban Total Death Rate Rural Urban Natural Growth Rate Total Rural Urban
India Orissa India Orissa India Orissa India Orissa India Orissa India Orissa India Orissa India Orissa
1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 % Of decline In 2003 over 1997 % Of decline In 2003 over 1997
27.2 26.5 26.5 25.7 26.0 24.1 25.8 24.3 25.4 23.5 25.0 23.2 24.8 23.0 8.9 13.3
28.9 27.2 28.0 26.4 27.6 24.6 27.6 24.9 27.1 24.0 26.6 23.7 26.4 23.5 8.7 13.6
21.5 21.3 21.0 20.9 20.8 20.3 20.7 20.1 20.3 19.7 20.1 19.6 19.8 19.4 8.0 9.0
8.9 10.9 9.0 11.1 8.6 10.7 8.5 10.5 8.4 10.4 8.1 9.8 8.0 9.7 10.2 11.1
9.6 11.3 9.7 11.6 9.4 11.1 9.3 11.0 9.1 10.8 8.7 10.3 8.7 10.2 9.4 9.8
6.5 7.5 6.6 7.6 6.3 7.1 6.3 7.0 6.3 6.8 6.1 6.4 6.0 6.3 7.7 16.0
18.3 15.6 17.5 14.6 18.6 13.4 17.3 13.8 17.0 13.1 16.9 13.4 16.8 13.3 8.2 14.8
19.3 15.9 18.3 14.8 18.2 13.5 18.3 13.9 18.1 13.1 17.9 13.4 17.8 13.3 7.8 16.4
15.0 13.8 14.4 13.3 14.5 13.2 14.4 13.1 14.0 12.9 13.9 13.2 13.8 13.2 8.0 4.4
Source: Sample Registration Bulletin of various years, Registrar General of India.
Figure-5.1
(ii) Expectancy of Life at Birth: The life expectancy of people is Expectation of Life at Birth in Orissa inextricably bound of with the qualitative health care system. There 70 is no dissonance that control of 60 50 epidemic diseases, improved maternal Male 40 and child health services are only a 30 Female 20 few of the public health achievements 10 0 that have reduced the crude death 1976- 1981- 1986- 1991- 1996rate in India. The life expectation at 1981 1986 1991 1996 2001 birth has increased continuously over Years the years. For the period 1976 1981, the male life expectancy at birth was 51.93 years as compared to that of 49.59 for females and it has increased to 62.13 for males and 61.15 for females during the period of 19962001. The average life span has substantially increased in India. But the average life span at birth, in Orissa, has not been intensified at the same pace. This could be attributed to factors like, inadequate public health system, inappropriate food, unsafe water and contaminated hygienic conditions.
Expectation of Life (in Years)
CLAP 46 Table- 5.2 Life expectancy at Birth 1971 India Orissa Male Female Male Female 50.90 50.0 51.93 49.59 2001 62.80 64.20 62.13 61.15 Percentage of Increase 23.3 28.4 19.6 23.3
Source: Statistical Abstract of Orissa, 2005; Page 129.
(iii) Environmental Condition: Reduction of child mortality, improvement in maternal health and combating the major infectious disease were the three pre-eminent goals of United Nations Millennium Development Goals. Achievements have been made in vaccination, which have resulted in the eradication of small pox, control of measles, tetanus, diphtheria and other infectious diseases. Health is not a one-way traffic; it involves many activities and functions. The health status of the population, no matter the child, is determined by the quality of environmental conditions safe drinking water and sanitary facilities.
Figure-5.2
DRINKING WATER:
Percent D tribution of D is rinking W Sourcesin India and O s ater ris a
Water is a basic physiological necessity of human beings. Thus access to safe and non-polluted drinking water is a potential measure of preventive health care because most of the diseases such as gastroenteritis, diarrhoea, dysentery, enteric fever etc. are water-borne and prevail due to the consumption of contaminated water. Supply of safe drinking water, free from microbial or chemical contaminations, in adequate quantities to all has to be recognised as a desirable minimum need of every human being.
40.00 35.00 30.00 25.00 20.00 15.00 10.00 5.00 0.00
37.70
35.66 28.47 26.98 28.56
18.17
India Orissa
8.73 5.56
7.26 3.91 W ells Others
Tap W H Pum Tube-W ater and p ell
Source: Census 2001 (Household Amenities and Assets)
In order to supply drinking water a number of schemes like Accelerated Rural Water Supply Programmes (ARWSP), Swajaldhra etc. are being implemented in the rural areas of Orissa. As per Government Report, out of total 136399 identified habitations in the State, 124127 habitations have been fully covered under drinking water supply programme at the end of March 2004. These habitations have been provided 2, 27,277 tube-wells, 7,079 sanitary wells and 121 spring based water supply projects. 79% of the total Urban Populations is being supplied Pipe water through 1, 73,752 number of house connection and 17,183 public water supply stands. Of late, huge public investments have been made in providing drinking water to majority of the populations in India. But still there is mismatch between spending and outcomes. However, neither the Census data nor any other information speak of how many hand pumps, tube-wells are dysfunctional. This does not indicate the ratio between the number of safe drinking water facilities and number of users. We do not know how many people, particularly villagers; depend on river, canal and other sources of unsafe drinking water. Thus, all the available data provides incomplete picture for an objective assessment of the drinking water problems being faced by millions population.
CLAP 47
According to the report of District Level Survey and Facility Survey (2002-04) on RCH; IIPS, that in Orissa 25.6% of household having drinking water facility either from piped or hand pump as against corresponding figure of 88.5% in India. SANITATION: The high incidence of IMR and Under-5 Mortality in the State are the potential indicators of poor quality health care system. Among the underlying causes of child morbidity and mortality, diarrhoea, gastroenteritis, anaemia and jaundice together accounted 35.4%. This could be attributed to the non-availability of safe drinking water and poor sanitation facilities and practices. The NFHS-2 indicates that only 10.9% of the households in Orissa have used flush toilets.
Table- 5.3 Percent Distribution of Households Sanitation facilities, according to residence, Orissa 1999. Sl. No. 1 2 3 Indicator Flush Toilet Pit Toilet /Latrine No Facility Total Urban 48.1 6.9 45.0 100.0 Rural 6.2 2.1 91.7 100.0 Total 10.9 2.6 86.5 100.0
Source: International Institute For Population Science (IIPS) and ORC Marco, 2001, NFSH-2, 1998-99; Orissa.
Figure- 5.3
Percentage of Household in India and Orissa having available Sanitary Facilities
50 40 30 36.14 36.41
46.40
20.72 20 10.51 10 0 Bathroom Latrine Drainage 14.89
India Orissa
Source: Census 2001 (Household Amenities and Assets in Orissa)
CLAP 48 Box-5.1
Sanitations Programme in Orissa

1. A Centrally Sponsored Pilot Project- Total Sanitation Campaign (TSC)- has been launched in Orissa since 1986 with an objective of improving standards of sanitation of the Rural People. It is being implemented in 15 districts viz, Balsore, Bhadrak, Jajpur, Kendrapara, Cuttack, Jagasinghpur, Puri, Khurda, Nayagarh, Ganjam, Kandhamal, Rayagada, Koraput, Bolangir and Sundargarh. Sulabha International Social Services Organisation (SISSO)- has been associated with implementation of Sanitation Programmes in both Urban and Rural areas of Orissa. SISSO has constructed 4124 individual Household latrines, 45 Community latrines, 644 Institutional latrines in High Schools, and 8411 toilets in Upper Primary Schools in the rural areas of Orissa in collaboration with R.D. Department and School and Mass Education Department. 36911 nos. of low cost sanitary latrines and 255 Community latrines have been constructed in different urban areas by SISSO.
2. 3.
4.
Source: Economic Survey 2004-05
(iv) Infant & Child Mortality: Infant and Child Mortality is the potential indicator of shudder of human development and reflect the extent of health programmes and policies being implemented in practice. It is an anguish that infant mortality rate is higher in Orissa in comparison to than that of others States in India. Despite the fall of IMR over the years, the rate of decrease is substantial and still Orissa continues to be top among the States and Union Territories of India as regards to infant mortality. (This issue is separately dealt in the next chapter. (v) Child Health: The highest priority in the health system is to be devoted to lunching special programmes for the improvement of maternal and child health because the health stats of children and women is an important factor for determining overall health of the society. Children are most vulnerable to all kinds of diseases in the early years of life due to lesser anti bodies. To add this woe, the health of the children, living in condition, which is unfit for human habitation is at great risk. As children are exposed to health hazardous during the infancy, the health care of the children should start from the very beginning to make them healthy and diseases free in the later years of life. Lack of data regarding to number of children suffering from diseases or died in diseases makes it impossible to give a comprehensive picture of health status of children in Orissa. Whatever the little information available on the preventive child health programme of immunisation is available; let us give a brief picture of the effective implementation of universal immunisation programme.
Sl. No. 1 2 Vaccine BCG OPV Box- 5.2 Vaccination Schedule Age 0-4 weeks Three doses at i) 0-2 weeks ii) 6 weeks iii) 10 weeks 18 months, 4 years Three doses at i) 6 weeks ii) 10 weeks iii) 14 weeks 18 weeks, 4 years 15 Months Three Doses at i) Within First Week ii) One Month iii) Six Months Disease against which protected Tuberculosis Polio
BOOSTER Doses DPT
Diphtheria, Pertussis and Tetanus
4 5
BOOSTER Doses MMR Hepatitis B
Mumps, Measles and Rubella Hepatitis-B
CLAP 49
The Universal Immunisation Programme is being implemented in Orissa, like other parts of India, with objective of reducing Infant and Child Mortality. Under the programmes children below 5 years of age are given DPT, BCG, OPV, Measles, Diphtheria. Children who have received one dose each of the BCG and Measles Vaccines and three doses each of the DPT and Polio vaccines are considered fully vaccinated. At present, immunisation coverage of children is lagging behind the goal set for universal immunisation programme.
Table- 5.4 District-wise percentage distribution of Immunization programme in Orissa. District/ Orissa/ /India Jharsuguda Baragarh Sambalpur Cuttack Puri Balasore Boudh Sonepur Balangir Sundargarh Kendrapara Khurda Dhenkanal Nayagarh Ganjam Kandhamal Rayagada Kalahandi Bhadrak Deogarh Angul Mayurbhanj Nuapada Jagatsinghpur Nawarangpur Gajapati Malkanagiri Jajpur Keonjhar Koraput Orissa India Full Immunization (%) 76.6 74.0 73.3 72.7 68.6 67.2 65.7 64.6 63.7 61.5 60.9 60.3 60.1 60.1 57.5 56.8 54.3 53.8 52.9 50.8 49.4 46.1 46.1 46.0 45.2 44.8 39.3 38.8 37.8 26.3 55.1 47.6 Three Injections of DPT (%) 85.4 89.1 88.8 79.5 79.7 79.9 75.3 80.0 74.9 76.2 75.1 87.0 72.9 66.5 72.5 70.0 65.2 59.8 73.9 65.9 65.5 61.0 76.0 53.5 53.0 55.6 50.1 64.8 61.1 37.3 70.0 59.0 Measles (%) 83.7 82.5 83.1 85.5 81.3 77.1 79.5 75.6 78.0 71.5 72.4 65.9 78.4 70.3 70.0 74.5 69.5 73.2 66.1 72.5 71.4 73.4 69.6 47.9 68.2 69.7 52.7 57.8 59.1 46.7 69.9 58.0
Source: District Level Household and Facility Survey on RCH (Round-2, 2002-04) Orissa; Ministry of Health and Family Welfare, Govt. of India, New Delhi; International Institute for Population Sciences, (IIPS), Mumbai.
CLAP 50 Figure-5.4
Full Immunisation 2002-04
(vi) Maternal Health Care: The health and nutritional status of mother has a positive co-relation with health of the children. But the travesty is that health and nutritional status of women is much worse than that of the general population. Even this cruelty is crueller to rural women and women belonging to scheduled caste and schedule tribes. The key indicators of maternal health are, extended antenatal check up and delivery characteristic and care. As estimated in SRS bulletin, the maternal mortality in Orissa is 367.
Table-5.5 District-wise Characteristic of Delivery and Full ANC in Orissa Characteristic of Delivery (%) Institutional Delivery at Home Delivery attended Delivery by Skilled Person 26.6 62.3 42.1 32.9 61.1 54.6 21.1 69.0 37.1 23.0 67.9 50.7 33.1 65.6 45.1 28.8 63.5 45.1 29.1 47.8 57.3 28.9 67.6 39.9 35.2 52.0 53.1 13.0 78.7 32.7 26.5 66.3 46.0 50.0 35.5 69.2 23.0 63.8 43.9 24.2 62.8 60.6 27.1 69.4 39.2 28.4 66.8 32.0 36.9 57.7 53.0 15.5 79.0 25.4 43.0 46.5 58.3 16.9 80.7 22.8 7.1 89.3 16.9 25.4 67.2 37.4 19.9 71.3 32.4 30.5 60.5 44.2 16.6 74.8 35.4 51.9 39.4 67.7 11.9 79.8 34.0 29.6 55.6 58.1 24.7 68.9 40.1 23.2 62.3 46.2 25.6 64.4 43.5
District Angul Balangir Balasore Baragarh Bhadrak Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Sonepur Sundargarh ORISSA
Full Ante - Natal Check up 14.2 21.4 16.4 9.4 20.0 12.0 33.0 17.5 24.1 19.6 19.6 19.6 3.7 17.0 15.1 12.8 15.5 13.7 13.4 13.0 7.5 17.8 14.3 10.7 16.3 19.1 19.7 22.8 13.8 14.5 15.7
Full Immunisation 1998-99
3 DPT
BCG
Measles
3 Polio
As per the report of the District Level Household and Facility Survey on Re-productive and Child Health (2002-04), IIPS, that the coverage of fully immunisation among the children in the age group of 12 35 months in Orissa has declined from 57.8 percent in 1998-99 (Facility Survey, Phase-1) to 55.1 percent in 2002-04.
Immunisation of Children (Age 12-35 Months) in Orissa 100 90 80 70 60 50 40 30 20 10 0 88.5 70.0 69.3 69.9 55.1 57.8 Percent
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(vii) Health Care Infrastructure: Health Services are provided through network of Medical College Hospitals (MCH), District Hospitals (DH), Community Health Centres (CHC), Public Health Centres (PHC) and Mobile Health Unit (MHU) and Health Sub-Centers(HSC). As on 31st March 2005, there are 3 MCH, 31 District Hospitals, 22 Sub-Divisional Hospitals, 231 CHC (119 CHC-I & 48 CHC-II under OHSDP), 121 PHC and 1164 New PHC,13 MHU, 5927 HSC and 119 Other Hospitals in Orissa. The Facility Survey Report on RCH gives information on the percentage of Health Care System of at least of one post filed with specialized medical officer. While all district hospitals in Orissa have at least one O & G specialist and 70.7% of CHC are filed with one post of paediatric specialist. Taking the magnitude of ratio of population to district hospital and CHC as well location of CHC to vicinity of villages, a vast chunk of population heavily depend on PHC for health care services. The availability of at least one medical officer with specialisation of gynaecology or paediatric in PHC is absolutely essential. It is note that 34.5% PHC in Orissa is functioning without any doctor. The inclusion of lady medical officer in PHC is always advantageous for maternal care as women can be confident to female doctor. However in Orissa only 2.9 PHC have lady doctor. The poor health facilities and availing infrastructures in PHC are the major factors for the abysmal functioning of the grassroots health institutions. Information available from the website of Health &Family Welfare Department, Government of Orissa, indicates that population served by one medical institution are numbered 21,679 and area served per medical institution is 92 Sqm. This is computed on the basis of the estimated population 2001 census report. The ratio of doctor to population is 1:7462, bed- population ratio is estimated to be 1:2663 and doctor to nurse ratio is 1:2 in the State of Orissa in comparison to than that of ratio at the national level of 1:1916 (Doctor: Population), 1:1451(Hospital bed: Population) and 1:5(Doctor:
Table-5.6 Percentage of PHCs adequately equipped in facilities Facilities Infrastructure Staffs Supply Equipment Training Essential Obstetric Care kit India 31.8 43.6 39.9 41.3 19.9 32.2 Orissa 3.2 5.2 3.5 15.1 13.4 10.3 Table-5.7 Ranking and Score of Major States in India On Primary Health State 2004 Himachal Pradesh Kerala Tamil Nadu Karnataka Punjab Maharasthara Jammu & Kashmir Uttaranchala Gugrat Andhra Pradesh West Bengal Madhya Pradesh Assam Rajasthan Chhatishgrah Haryana Orissa Uttara Pradesh Jharkhanda Bihar 2.34 2.97 1.95 1.86 1.72 1.59 1.93 1.50 1.46 1.37 1.15 0.55 0.59 0.88 0.59 0.79 0.59 0.46 0.37 0.30 Score 2005 2.40 2.62 2.13 1.90 1.62 1.78 1.85 1.29 1.45 1.43 1.27 0.74 0.70 0.87 0.44 0.66 0.80 0.05 0.67 0.37 2006 2.80 2.70 2.38 1.87 1.67 1.62 1.58 1.50 1.49 1.44 1.39 0.99 0.97 0.95 0.94 0.71 0.67 0.54 0.51 0.41
(India Today; State of States, September 11, 2006)
Rank in 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Source: RCH (Round-2, 2002-04) IIPS, Mumbai.
A study conducted by India Today on State of the States to make an assessment on the performance versus potential of the all States and Union Territories regarding to education, agriculture and health. All the data used in the study were taken from the central government sources and as claimed by the India Today Magazine that the study reveals the true face of health scenario of States. Among the major States of Union of India, Himachal Pradesh got premier position in health among big State followed by Karala for the year 2006. Orissa remains ranks lowly at 17 out of 20 big States. The assessment of ranking is based on the factors of infant mortality, male to female infant mortality, percentage of assisted births, percentage of homes with tap water, doctors per lakh population, sex ratio and health spending.
Change in 2006 over 2005 0.40 0.08 0.25 -0.03 0.05 -0.16 -0.27 0.25 0.04 0.01 0.12 0.25 0.27 0.08 0.50 0.05 -0.13 0.09 -0.16 0.04
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Box-5.3
Tenth Five-Year Plan: (2002-2007) Reduction of Infant Mortality Rate from 72 in 1999-2000 to 45 in 2007 Reduction Maternal Mortality Ratio from 4 in 1999-2000 to 2 in 2007 Reduction of decadal population growth from 21.3% in 1991-2001 to 16.2% in 2001-2011 Common Minimum Programme of UPA Government -2004 To increase public spending on health to at least 2-3% of GDP over the next five years and focus of Primary Health Care. Special attention to poorer sections in matter of Health Care. National Rural Health Mission -2005: The election manifesto United Progressive Alliance (UPA) government on rural health was articulated in the common minimum programme and accordingly the National Rural Health Mission (NRHM) has given a concrete shape to this in the year 2005. The Mission aims at provision of effective health care and universal access to rural population with special focus on 18 State (Uttar Pradesh, Uttaranchal, Madhya Pradesh, Chhattisgarh, Bihar, Jharakhand, Orissa, Rajasthan, Himachal Pradesh, J & K, Assam and Seven States in the North East). The NHRM acknowledge that only 22% of health care services being provided by the government and rest are being bornes by the private sector. Taking into account the percentage of population living in rural areas and the pathetic conditions of rural public health institutions, the mission has rightly assumed on public private partnership for providing quality health care services of public standards to the vast chunk of rural population. Further, the mission clarifies that the public- private partnership does not imply government responsibility of providing health care, but it requires the efforts of the private sector to provide quality, accessible and affordable comprehensive health care facilities to the people. The key components of NRHM are of: Creation of Accredited Social Health Activist (ASHA) Strengthening CHCs, PHCs, SCs; Indian Public Health standards, integrating AYUSH District Health Planning, converging sanitation and hygienic activities Public Private Partnerships Janani Surakssha Yojana
Re-Productive and Child Health Programme 1997: A hundred percent Union government assisted programme of RCH has been in implementation in 15 districts of Orissa with three objectives, viz., re-productive health, child survival and fertility regulations. National Health Policy -2002: A National Health Policy formulated in 1983 with the objective to achieve Health for All by the Year 2000 A. D through the universal provision of comprehensive primary health care services. After the gap of almost three decades, a more comprehensive second National Health Policy was formulated in the year 2002 with the objective to achieve an acceptable standard of good health amongst the general population. The policy envisaged to increase access of the general people to decentralised public health care system by establishing new infrastructure in deficient area and by upgrading the infrastructure of existing institutions. Goals to be achieved by 2005 -2015: Eradicate Polio Yaws Eliminate Leprosy Eliminate Kala Azar Eliminate Lymphatic Filariasis Achieve zero level growth of HIV/AIDS Reduce mortality by 50% on account of TB, Malaria and other vector and water borne diseases Reduce prevalence of blindness to 0.5% Reduce IMR to 30/1000 and MMR to 100/Lakh Improve nutrition and reduce proportion of LBW babies from 30% to 10% Increase utilisation of public health facilities from current level of <20 to > 75% Establish an integrated system of surveillance, national health accounts and health statistics. Increase health expenditure by Government as a % of GDP from the existing 0.9% to 2.0% Increase share of Central grants to constitute at least 25% of total health spending Increase State Sector Health spending from 5.5% to 7% of the budget Further increase to 8% 2005 2005 2010 2015 2007 2010 2010 2010 2010 2010 2005 2010 2010 2005 2010
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CHAPTER-VI
INFANT MORTALITY
A Shocking Dynamic of Health Hazards.
Infant Mortality Rate (IMR) is considered to be the most sensitive indicator of health status as well as of overall socio-economic development IMR is defined as the number of deaths of infants under-one year of age for every 1000 live births. It is usually computed for a period of one year. The vulnerability of infants in the first year of life to environmental condition makes them more susceptible to infections than at any later stage of life. Box-6.1 The IMR in India continues to be very high as compared to many other developed and developing countries. The goal of reducing IMR to 60 for the country as a whole could not be possible so far, although the target had to be achieved by the end of year 2000 under the Health for All slogans. The population policy of 2000 aimed at achieve the goal by the year 2010 through various measures like rapid reductions in neo-natal death, 80% deliveries in institutions and 100% deliveries by trained personnel. Orissa is one of the States in India with high rate of Infant Mortality. According to the Sample Registration System Bulletin, 2002, approximately 80,000 infants die in the State each year and it has been calculated that infant mortality rate was 87 per 1000 live births in 2002. This is higher than the national average of 63 per 1000 live births. A report published by Govt. of Orissa in 2005, has identified the following causes of infant deaths: Birth asphyxia. Infections and diseases such as API, Diarrhoea, Measles, Malnutrition and Malaria. Poor maternal heath leading to low birth weight.
United Nations Convention on the Rights of the Child, 1989 Article 24 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services: States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: a) To diminish infant and child mortality; b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution; d) To ensure appropriate pre-natal and post-natal health care for mothers; e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breast-feeding, hygiene and environmental sanitation and the prevention of accidents; f) To develop preventive health care, guidance for parents and family planning education and services.
2.
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Figure-6.1 A close look at the IMR figures in Orissa during 1995 2000 shows IMR of India and Orissa that it has decreased from 103 to 96 and more surprisingly; it is 120 fluctuating between 96-98 during 103 100 96 96 98 97 96 90 87 1996-2000. The graphical 83 80 74 72 71 72 70 presentation of IMR also shows 68 66 63 India 60 60 that at the national level, the Orissa infant mortality rate had come 40 down from 74 to 68 during 199520 2000. A comparative analysis 0 regarding to rate of variation in IMR reveals the fact that the magnitude of variation in infant mortality rate is 13.6 in Orissa Source: Sample Registration System Bulletin; Registrar General, India; New Delhi. and 15.5 in India during the period of 19972003. The rate of decline in IMR has been comparatively slow in Orissa and this is a cause of great concern. The reduction in IMR has a positive co-relation between the increase in life expectancy at birth and decrease in crude death rate. At the All-India level the life expectancy at birth has increased from 50.90 in 1971 to 62.80 in 2001 for males and from 50.0 to 64.20 for females during the same period. During the corresponding period, the life expectancy at birth, in Orissa has increased from 51.93 to 62.13 for males and 49.59 to 61.15 for females. This substantial improvement is the result of factors including improvement in public health, coupled with infectious disease prevention and control as well as application of modern medical practices in diagnosis and treatment of various ailments. Further a look at the tabular presentation of crude death rate data for last 7 years, the declining trend of CDR is being observed from 10.9 to 9.7 in Orissa and from 8.9 to 8.0 in Orissa. It is good to note that the rate of decrease in CDR is substantially better in Orissa in comparison to national level.
Number of Infants Deaths per 1000 Live Births
19 95 19 96 19 97 19 98 19 99 20 00 20 01 20 02 20 03
Table-6.1 Level of, and trend in Infant Mortality Rate and Crude Death Rate, 1997-2003 ORISSA
Year IMR % Of Variation to previous Year 3 +2.0 -1.1 -1.1 -6.3 -3.4 -4.6 13.6 CDR % Of Variation to previous Year 5 +1.8 -3.6 -1.9 -1.0 -5.8 -1.0 11.1 Year IMR
INDIA
% Of Variation to previous Year 8 +1.4 -2.8 -2.9 -3.0 -4.6 -4.8 15.5 CDR % Of Variation to previous Year 10 +1.1 -4.5 -1.2 -1.2 -3.6 -1.3 10.2
1 1997 1998 1999 2000 2001 2002 2003 % Of decline in 2003 over the year 1997.
2 96 98 97 96 90 87 83
4 10.9 11.1 10.7 10.5 10.4 9.8 9.7
6 1997 1998 1999 2000 2001 2002 2003
7 71 72 70 68 66 63 60
9 8.9 9.0 8.6 8.5 8.4 8.1 8.0
Source: Sample Registration System Bulletin; Registrar General, India; New Delhi.
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Box-6.2 Programme/Policy of Government of India and Government Orissa

Policy National Plan of Action for Children, 1992 Target/Goal Reduction of Infant Morality Rate to less than 60 per 1000 live births and reduction of child mortality to less than 10 by the year 2000. Reduction by 50 percent of deaths due to diarrhoea in children under the age of five years. National Health Policy, 2002 Reduction of IMR to 30 per 1000 live births and Maternal Mortality Rate to 1,000/1,00,000 by 2010. Reduce proportion of Low Birth Weight (LBW) babies to 10 percent by 2010. Reduction of Mortality by 50 percent on account of TB, Malaria and Water borne diseases by 2010. 10th Five Year Plan Infant Mortality Reduction Mission in Orissa, 2001 Reduction of Infant Mortality Rate to 45/1000 live births by 2007 and to 28 by 2012. Reduce Infant Mortality Rate to 60/1000 live births by 2005. Improved new born care Encouraging Institutional Deliveries. Community Awareness on preventing and curative measures for reducing IMR. Proper enforcement of the Registration of Births and Deaths Act, 1969. Orissa Vision2010 Navajyoti Mission, 2005 Reduce the IMR to 50/1000 live births by 2010. Reduce incidence of LBW babies to 10 percent by 2010. Improve home-based management of newborn care in all the remote villages of 14 tribal dominated districts of Orissa where IMR situation is worst. Ensure early detection of sick newborns and facilitate their prompt referral to health facilities. Despite the programmes and policies being implemented by the national government and Government of Orissa for the reduction of IMR to minimal, the infant morality rate continues to be highest in Orissa among the all the States. The relatively slow decline in IMR can be attributed to several factors and in order to assess the determinants contributing to high IMR, it is necessary to put forth two components of infant mortality, viz, neo-natal mortality and post-neo-natal mortality. Neo-Natal Mortality Rate (NNMR) is the number of deaths of infant before attaining 28 days of life per 1000 live birth in a year. Post-Neo-Natal Mortality Rate is the number of deaths of infants from 28 days to 12 months of age for every 1000 live births. Infant mortality rate is usually computed for a period of one year.
CLAP 56 Figure-6.2
Early Neo-Natal Mortality Rate (Deaths of Infants w ithin 7 days of life) and Neo-Natal and Post-Neo-Natal Death (Deaths betw een 7 days to 12 m onths) in Major States of India
Kerala Maharastra West Bengal Tamil Nadu Himachal Pradesh Punjab Karnataka Bihar Gujurat Andhara Pradesh Haryana Assam Rajasthan Uttar Pradesh Madhya Pradesh Orissa
6 8 23 21 25 26 18 31 31 33 35 24 31 33 41 44 45 0 20 40 60 25 30 26 25 34 26 31 29 30 43 44 46 42 43 50 80 100 Neo Natal and PostNeo-Natal Mortality Rate Early Neo-Natal Mortality Rate
Source: Sample Registration System, 2000. Table 6.2 Percentage of Underweight Children of Major States in India State Percentage Kerala 26.9 Punjab 28.7 Jammu & Kashmir 34.5 Harayan 34.6 Assam 36.0 Tamil Nadu 36.7 Andhra Pradesh 37.7 Karanataka 43.9 Gujrat 45.1 West Bengal 48.7 Maharasthra 49.6 Rajasthan 50.6 Uttar Pradesh 51.7 Bihar 54.4 Orissa 54.4 Madhya Pradesh 55.1 INDIA 47.0 Source: NFHS-II; 1998-1999
In the year 2000, for Orissa, 61 out of 1000 children born in, died before completion of 28 days. Madhya Pradesh and Uttar Pradesh closely follow Orissa with 59 and 53 numbers of infants died respectively before attaining 28 days of life. The NNMR is only 10 in Kerala, easily the best State in all sectors of development. Experts are of the opinion that Low Birth Weight (LBW) is the most important determinant of Neo-Natal Mortality and morbidities. Nearly three fourths of Neo-Natal Deaths and half of Infant Deaths occur among LBW Babies. Unfortunately, Orissa ranks number two in regards to underweight children.
CLAP 57 Table-6.3 Infant Mortality by Sex and Residence

Category Persons Total Rural Urban Total Rural Urban 60 66 38 63 69 40 India Male 57 63 33 62 67 40 Female 64 69 44 65 72 39 Persons 83 86 55 87 90 56 Orissa Male 82 86 50 95 101 45 Female SRS Bulletin, Registrar General of India, Vol. 39, No. 1, April 2005. SRS Bulletin, Registrar General of India, Vol. 36, No. 1, April 2002. SRS Bulletin, Registrar General of India, Vol. 37, No. 1, April 2003. SRS Bulletin, Registrar General of India, Vol. 38, No. 1, April 2004. 83 85 61 79 80 69 2002 2003 Year Source
Total Rural Urban Total Rural
66 72 42 68 74
64 70 41 66.8 72.4
68 74 44 68.9 75.6
91 95 61 95 99
90 94 52 98.3 101.0
93 95 71 92.4 96.2
2001
2000
Urban
44
44.7
42.3
66
74.3
55.8
The estimation made in Orissa Human Development Report, 2004 indicates that neo-natal mortality constituted 63.7% of infant deaths during 1993. Within the neo-natal mortality, perinatal mortality rate (number of infant deaths during the first week since birth per 1000 live births) constituted 62 percent of all neo-natal deaths. Post-neo-natal deaths constituted only about 36.3% of all infant deaths. As discussed in the report that post-neo-natal mortality rate has declined in a better pace than the prenatal mortality rate. During the same period the difference in the post neo-natal mortality rate between Orissa and India was 20.7% while it was 28.6% and 26.9% as regards to perinatal and neo-natal mortality rates respectively. In order to draw a conclusion from the recent trend in infant mortality rate, the statistical fact has to be explained and a comparison is to be made with the analysis of Human Development Report. Recognising the information provided by SRS bulletin, for Orissa, the neo-natal mortality constituted 64.2% of infant deaths. Of this, prenatal morality accounted 73.7% of all neo-natal deaths. The post-neo-natal deaths constituted 35.8% of all infant deaths. This implies that post-neo-natal morality rate of Orissa has declined to some extent, while neo-natal mortality, particularly early neo-natal mortality, is on rise. As cited in SRS bulletin (Vol-36, No-1, April-2002), the difference in the neo-natal mortality rate between Orissa and India was 17 points and as regards to post neo-natal mortality the difference was 10 points and the overall difference in infant mortality was 27 points. In other words, the infant mortality rate was 28.5% higher in Orissa in comparison to national level for the year 2000. By using the statistical information provided by SRS bulletin (Vol-39, No-1, April 2005), is calculated that the difference in the infant mortality rate between Orissa and India is 23 points for the year 2003 and it still seems to be higher in Orissa by marginal 27.8 percent. The fact is to be accepted that the neo-natal deaths to infant deaths has been increasing over the years. The high trend of neo-natal mortality rate is understandable due to high incidence of low birth weight babies born in Orissa. On this backdrop, it can be safely inferred that the reduction low birth weight babies and improvement in maternal care, perhaps, the best measures to improve the infant survival in the State.
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In fact, the SRS data over the years shows that infant mortality rate has declined in Orissa, but the rate of decline has been very slow. The IMR in Orissa has dipped from 124 in 1991 to 87 in 2002. This implies that an average annual rate of declining of 3.4%. It is to note that if this rate of decline continues, an IMR of 45 per 1000 live birth shall be achieved by the year 2014. IMR below 10 indicates a high level of development and to achieve that level shall be a dream for Orissa.
Table-6.4 IMR for 15 Districts Reproductive and Child Health (RCH) 2002 Rank District 2002 1 Bhadrak 51.5 2 Mayurbhanj 59.2 3 Sambalpur 59.6 4 Sonepur 59.6 5 Bargarh 60.1 6 Khurda 61.5 7 Jajpur 63.4 8 Angul 67.2 9 Nuapada 69.4 10 Ganjam 73.6 11 Sundergarh 73.9 12 Kandhamal 79.1 13 Keonjhar 84.1 14 Rayagada 92.6 15 Malkangiri 103.8 Source: RCH Survey 2002.
According to Assistant Commissioner, Ministry of Health and Family Welfare, Government of India, that nearly 60% of babies in the State die before they are 28 days old. The continuing trend of high IMR and NMR suggests that Government has failed to check child deaths in spite of launching the IMR Mission, Navajyoti Mission and other Central schemes. The IMR programme has been implemented in 14 of the 30 districts of the State since August 2001 while the Navajyoti Mission was launched in April, 2005. While the IMR for Orissa was 83 per 1000 live birth, the situation is more grimmer and alarming in the district like Kandhamal, Malkanagiri and Gajapati. The other worst affected district is Rayagada, Koraput, Kalahandi, Nuapada, Sonepur, Boudh, Bolangir, Sundargarh, Keonjhar and Deograh. (Published in the Times of India, 9th March 2006, page-3.).
Infant Mortality is a very sensitive indicator reflecting the standards of health services being provided to women of all segments of society during pre-natal and post-natal period. As it is evident and understandably so, there are wider inter district variations in infant mortality with the southern and western districts of the State having significantly higher IMR. Despite the difficulties to find out common causes of infant deaths, it is worthwhile to present the available data on the causes of infant deaths in order to get an over view of prevailing causes that leads to high incidence of infant mortality.
As per the available data regarding to measure causes of infant deaths, pre-maturity resulting in low birth weight babies has contributed about 38.5 percent. Pneumonia 15.4%, respiratory infection of new born 8.7%, anaemia 8.1%, bronchitis and asthma 5.3%, tetanus 2.9%, diarrhoea of new born 1.8% and others 19.3% are prominent causes of infant deaths. To quote the analysis made in Orissa Human Development Report 2004, in particular, three factors may explain the high level of IMR in Orissa: first, poor availability of professional attendance at birth; second, high percentage of low birth weight babies, and third, lack of professional post-natal care.
Figure-6.3
Institutional delivery and both pre-natal and post-natal maternal care considerable play Percentage Distribution of Major causes to Infant Deaths in Orissa an important rule in reducing neo-natal deaths and ultimately help in increasing the survival capacity of infants. The exemplary Pre-matrurity 22.9% Pneumonia State in India without doubt is Kerala, where Respiratory Infections 38.5% 98.3% of delivery attended by skilled person Anaemia Diarrhoea 5.3% and 99.7% of women get any antenatal Birth Injury 2.9% check-up and accordingly the State has the Tetanus 1.0% Bronchitis & Asthma 0.5% distinction of having lowest IMR. By 8.7% Others 15.4% 4.8% comparison, only 25.6% of births in Orissa are institutional and 64.4% are home Source: Govt. of India Causes of Death (Rural), India, RGI. deliveries. 43.5% of deliveries attended by skilled person and only 15.7% of women receive any antenatal check-up in the tribal districts of Malkangiri, Raygada, Koraput, Keonjhar, Gajpati, Nawarangpur, Nuapada, the situations are even worse. (District Level Household and Facility Survey on RCH (Round-II, 2002-2004) Orissa; IIPS, Mumbai).
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Table-6.5 District-wise Infant Mortality Rate and Number of Still Birth Registered in Orissa for the year 2004 Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 District Angul Balasore Baragarh Bhadrak Balangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharasuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Subaranpur Sundargarh ORISSA Infant Mortality Rate N.A 24.01 22.06 24.66 46.65 46.74 30.81 35.62 17.62 44.79 27.84 13.73 14.41 26.91 42.12 64.82 17.23 45.12 17.33 48.52 64.17 N.A 66.60 23.92 N.A 26.52 80.46 37.02 33.38 33.86 30.33 Number of Still Birth N.A 411 263 176 550 121 172 116 187 86 685 81 158 104 387 379 313 302 164 549 367 N.A 813 65 N.A 92 604 316 75 565 8101
Source: Information provided by Directorate of Health Services, Orissa under Right to Information Act, -2005.
It is to be reiterated that infant deaths is being calculated on the basis of number of infant deaths under one year of age for every 1000 live births. To achieve an objective assessment of IMR and correctives of child death is very difficult due to inappropriate methods being used to calculate the IMR. Usually the infant death is calculated on the basis of information on reported and registered childbirth. It is possible only when proper information of childbirth and death is available and registered as per the norms and conditions established in the Registration of Births and Deaths Act, 1969. As regards to information provided by the Directorate of Health Services of Orissa, the infant mortality rate is 77 per 1000 live births, neo-natal mortality rate is 47 and still birth rate is 16 and underfive mortality rate is 23 per 1000 children. This statistics is based on the information of Sample Registration System of Registrar General of India. This fact of IMR is only a tip of iceberg. The government functionaries are in habit of underreporting the child deaths in order to save their skins. In fact, the hidden child mortality has been higher than the infant deaths registered.
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CHAPTER-VII
NUTRITION
Dimensions and Implications of Malnutrition.
Nutrition and Malnutrition are two commonly used words in our day-to-day life, but these are considerable less known subject. While the former, in adequate, is essential for children to grow and be healthy; the later is a poor condition of health caused by a lack of food or a lack of the right type of food. Nutrition status is a gigantic determinant of health and well being of children, where as malnutrition denotes impoverished economy and poor health care system of a State. Malnutrition among children occurs in first two years of life and virtually irreversible after that. Neuroscience has confirmed that 90% of brain actually develops during first two years of life. Hence malnutrition impairs cognitive development, intelligence, strength, energy and productivity. To add this woe, malnourished children are always vulnerable to infections and communicable diseases. In short, malnutrition is a negation to social development. Although the word undernourished and malnourished have been used interchangeably, yet there is a difference between two in the context of health science. Children who are more than two standard deviation units below the reference median are considered to be undernourished. And those are more than three standards deviations below the reference median are considered to be malnourished. There are three indices of under nutrition- underweight, stunting and wasting. Underweight children are low in weight-forage. Stunted children are those who are short for their age and height for the age. Wasted children are those whose weight for-height is lower than the standard reference of population. Recognising the report of National Family Health Survey II (1998-1999), in India 47.0% of children below the age of 3 is underweight, 45.5% are stunted and 15.5% of children are wasted. The prevalence of malnutrition varies across States, with Madhya Pradesh recording the highest rate (55%) and Kerala among the lowest (27%). An article published in a widely circulated journal highlights that over 53% of children under the age of 4 years are malnourished and underweight, 30% of the children of this age group are stunted and about 17% of them are wasted. (Kurukshetra, March-2006; Malnutrition-Need to Enhance Pulses Production, Page-40). The level and determinants of malnutrition is grimmer and alarming in Orissa. As per NFHS-II Survey, 54.4% children under 3 years of age are underweight, 44.0% are stunted and 24.3% children in the same age group are wasted. According to the estimation of NFHS-2, 48% of Women in Orissa suffer from nutritional deficiency. The percentage is much higher in the case of illiterate women (54.60 percent), schedule tribes (55.5 percent) and those women with low standard of living (55.2 percent). Nutritional and health status of mother have direct link on the health and nutrition of the child. As per NFHS-II, 63.0% of females in Orissa are anaemic. Children born to anaemic mother are most likely to be underweight at the time of birth. Commensurate with in incidence of malnourishment among women in Orissa, almost half of total babies born weigh significantly low. Some low weight babies either dies or malnourished, if they survive. Child Malnutrition has life long implications and it is more among girls. A stunted girl is most likely to become a stunted adolescent and later a stunted woman. Apart from direct effects on health and productivity, adult stunting and underweight increase the chance that her children will be born with low birth weight. And so the cycle continues (Quoted in an article Child Malnutrition and Gender Discrimination in
South Asia by Santosh Mehrotra, Published in Economic and Political Weekly, March 11, 2006, Page-912. The original text was published in ACC/SCN (1992): Second Report on the World Nutrition situation vol. 1; United Nations, Geneva).
CLAP 61 Table-7.1 District-Wise Nutritional Status of 1-5 years Children in Orissa District Severe Under-Nutrition Boys Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Sonepur Sundargarh 5.1 6.2 1.5 10.6 7.3 7.2 N.A 4.4 N.A 6.6 4.5 N.A 12.4 N.A 8.4 4.8 9.4 5.6 10.7 9.1 16.1 6.7 2.2 8.1 6.7 5.8 N.A 16.4 N.A N.A Girls 3.5 10.8 2.5 11.4 2.8 5.0 4.1 4.9 N.A 4.8 6.4 N.A 14.1 N.A 5.5 5.2 3.9 6.0 6.0 13.0 6.2 4.5 9.9 2.7 5.9 11.9 N.A 7.6 N.A N.A Moderate Under-Nutrition Boys 37.5 32.6 51.1 44.2 41.6 58.7 46.2 35.4 N.A 46.3 40.9 N.A 41.1 N.A 57.9 40.0 47.9 41.1 42.9 48.9 44.4 37.0 56.4 27.0 44.0 26.1 N.A 50.7 N.A N.A Girls 32.6 28.1 43.7 53.1 43.3 50.0 49.3 39.3 N.A 40.8 25.5 N.A 36.7 N.A 48.9 37.5 41.7 36.0 32.8 40.7 44.4 38.6 46.8 27.0 41.9 29.9 N.A 41.8 N.A N.A Mild Under-Nutrition Boys 48.6 50.3 39.9 35.6 43.8 31.9 38.5 48.7 N.A 38.8 38.6 N.A 35.6 N.A 28.4 46.6 35.4 48.9 37.5 35.2 29.2 47.9 37.0 59.5 43.3 58.0 N.A 25.4 N.A N.A Girls 56.8 46.0 39.5 30.4 41.8 43.6 42.5 47.5 N.A 41.6 40.4 N.A 32.0 N.A 39.1 49.0 43.7 50.0 50.8 37.0 38.3 47.8 36.2 59.5 47.8 44.8 N.A 39.2 N.A N.A
Source: Population Foundation of India; District Profiles Orissa-2005.
CLAP 62 Table- 7.2 Nutritional Status Report of 0-3 Years Children in Orissa (November-2002)
District Total Children
2 46629 131937 77744 82757 105953 30713 112739 18796 46225 42489 110079 60650 106974 26015 103253 96818 114544 75496 95805 45332 158451 39909 87523 25432 52619 113459 72072 38892 35502 101190 2255997
Children Weighed
3 43267 111674 72543 66139 100349 27814 102010 18421 44842 41287 100416 55709 96627 22066 96275 74499 105185 67476 92138 43091 154793 39292 84324 20797 51401 105054 67589 38179 32774 99272 2075303
Normal
Grade -1
7 16502 39862 25805 24125 36511 10877 36299 6809 16915 15190 35333 19803 34249 8015 35013 24913 37730 23223 33512 16538 58887 15320 29796 7596 20014 30190 24815 15009 11497 38046 748394
Grade -II
9 12320 24717 17205 14490 27485 7115 21429 4949 9031 11341 20606 8470 20738 5378 25373 19285 26299 12231 26787 11731 38926 11331 25153 4393 12266 18509 20079 9562 8733 25934 501866
GradeIII & IV
11 496 1382 1000 660 1870 367 1239 215 287 644 949 194 961 432 2548 709 1491 627 1997 1005 2384 943 2055 258 588 623 1157 548 527 2294 30450
% Of Gr.1 to Gr.- IV
13 67.76 59.07 60.67 59.38 65.64 66.01 57.81 65.00 58.50 65.82 56.65 51.10 57.90 62.65 65.37 60.28 62.29 53.47 67.61 67.94 64.73 70.23 67.60 58.89 63.94 46.95 68.13 65.79 63.33 66.76 61.71
1 1. Angul 2.Balasore 3.Baragarh 4. Bhadrak 5.Bolangir 6.Boudh 7.Cuttack 8.Deogarh 9.Dhenkkanl 10.Gajapati 11.Ganjam 12 Jagatsinhgpur. 13.Jajpur 14.Jharsuguda 15.Kalahandi 16.Kendrapara 17.Keonjhar 18.Khurda 19.Koraput 20.Malkangiri 21.Mayurbhanj 22.Nuapada 23.Nawarangpur 24.Nayagarh 25.Phulbani 26.Puri 27.Rayagada 28.Sambalpur 29.Subrnapur 30.Sundargarh ORISSA
4 92.79 84.64 93.31 79.92 94.71 90.56 90.48 98.00 97.01 97.17 91.22 91.85 90.33 84.82 93.24 76.95 91.83 89.38 96.17 95.06 97.69 98.45 96.34 81.77 97.69 92.59 93.78 98.17 92.32 98.10 91.99
5 13949 45616 28188 26029 34263 8277 43033 6448 18404 13995 41719 26764 40634 8137 30821 29242 39646 31287 29831 13812 53947 11632 27257 8510 18362 55620 21492 13060 12012 32643 784630
6 32.24 40.85 38.86 39.35 34.14 29.76 42.19 35.00 41.04 33.90 41.55 48.04 42.05 36.88 32.01 39.25 37.69 46.37 32.38 32.05 34.85 29.60 32.32 40.92 35.72 52.94 31.80 34.21 36.65 32.88 37.81
8 38.14 35.69 35.57 36.48 36.38 39.11 35.58 36.96 37.72 36.79 35.19 35.55 35.44 36.32 36.37 33.14 35.87 34.42 36.37 38.38 38.04 38.99 35.34 36.52 38.94 28.74 36.71 39.31 35.08 38.33 36.06
10 28.47 22.13 23.72 21.91 27.39 25.58 21.01 26.87 2014 27.47 20.52 15.20 21.46 24.37 26.35 25.89 25.00 18.13 29.07 27.22 25.15 28.84 29.83 21.12 23.86 17.62 29.71 25.05 26.65 26.12 24.18
12 1.5 1.24 1.38 1.00 1.86 1.32 1.21 1.17 0.64 1.56 0.95 0.35 0.99 1.96 2.65 0.95 1.42 0.93 2017 2.33 1.54 2.40 2.44 1.24 1.14 0.59 1.71 1.44 1.61 2.31 1.47
Source: Annual Action Plan 2005-06, Govt. of Orissa.
CLAP 63
Table- 7.3 Nutritional Status Report of 3-6 Years Children in Orissa (November-2002)
District
1 1.Angul 2.Balasore 3.Baragarh 4.Bhadrak 5.Bolangir 6.Boudh 7.Cuttack 8.Deogarh 9.Dhenkanal 10.Gajpati 11.Gangam 12.Jagatsinghpur 13.Jajpur 14.Jharsuguda 15.Kalahandi 16.Kendrapara 17.Keonjhar 18.Khurda 19.Koaput 20.Malkangiri 21.Mayurbhanj 22.Nuapada 23.Nawarangpur 24.Nayagarh 25.Phulbani 26.Puri 27.Rayagada 28.Sambalpur 29.Subrnapur 30.Sundargarh ORISSA
Total Children
2 43951 116938 57215 74633 71369 21997 106436 14327 40128 31694 86491 57312 96040 23740 86491 87314 85572 65507 74546 36005 138517 33430 70521 23798 40883 98968 50488 35716 26516 87243 1883717
Children Weighed
3 36083 97289 51667 53429 64371 19998 90767 14120 36062 30980 80945 52742 79963 20015 55237 54864 75956 52041 70996 34528 136407 33017 64242 17059 39938 89169 48223 35263 24004 85384 1644756
%
4 82.10 83.19 90.30 71.59 90.19 90.91 85.28 98.56 89.87 97.75 93.59 92.03 83.26 84.31 63.92 62.84 88.76 79.44 95.24 95.90 98.48 98.76 91.10 71.68 97.69 90.10 95.51 98.73 90.53 97.87 87.31
Normal
5 12342 40951 20089 21084 22256 6139 39203 4487 14867 10630 33656 26015 35998 6810 17232 22752 30264 24321 25287 11923 47360 10679 19500 7064 14912 44497 16591 11596 8006 27097 633608
%
6 34.20 42.09 38.88 39.46 34.57 30.70 43.19 31.78 41.23 34.31 41.58 49.33 45.02 34.02 31.20 41.47 39.84 46.73 35.62 34.53 34.72 32.34 30.35 41.41 37.34 49.90 34.40 32.88 33.35 31.74. 38.52
Grade -1
7 13762 34843 18925 17748 24486 8125 34145 5536 14224 11792 32295 19144 28000 7674 22260 19713 28019 19136 25209 13495 55877 13895 24012 6451 16267 27237 18287 14782 8588 36231 620158
%
8 38.14 35.82 36.63 33.22 38.04 40.63 37.62 39.21 39.44 38.06 39.90 36.30 35.02 38.34 40.30 35.93 36.89 36.77 35.51 39.08 40.96 42.08 37.38 37.82 40.73 30.55 37.92 41.92 35.78 42.43 37.71
Grade -II
9 9884 19936 12267 14301 17250 4375 16877 3761 6881 8441 14762 7467 15544 5417 13649 12032 17280 8248 19798 8922 30275 8197 20079 3438 8634 17030 13178 8737 6764 20845 374269
%
10 27.39 20.49 23.74 26.77 26.80 21.88 18.59 26.64 19.08 27.25 18.24 14.16 19.44 27.06 24.71 21.93 22.75 15.85 27.89 25.84 22.19 24.83 31.26 20.15 21.62 19.10 27.33 24.78 28.18 24.41 22.76
GradeIII & IV
11 95 515 249 286 310 83 534 36 75 117 228 86 421 114 560 291 393 184 417 188 537 246 602 56 55 336 147 148 146 488 7943
%
12 0.26 0.53 0.48 0.54 0.48 0.42 059 0.25 0.21 0.38 0.28 0.16 0.53 0.57 1.01 0.53 0.52 0.35 0.59 0.54 0.39 0.75 0.94 0.33 0.14 0.38 0.30 0.42 0.61 0.57 0.48
% of Gr.-1 to Gr.-IV
13 65.80 56.84 60.85 60.52 65.32 62.92 56.80 66.10 58.73 65.69 58.42 50.62 54.98 65.98 66.02 58.39 60.16 52.97 63.98 65.47 63.55 67.66 69.57 58.30 62.49 50.02 65.55 67.12 64.56 67.42 60.94
Source: Annual Action Plan 2005-06, Govt. of Orissa.
The malnutrition among the children begins from the mothers womb and becomes acute due to inappropriate childcare and feeding practice, lack of nutritious food, inadequate access to primary heath care and poor environmental sanitation. The State of Orissa is characterised by high infant mortality and Under-5 Mortality, large concentration of child malnutrition and wide prevalence of anaemic and malnutrition among adolescent girls and women. As per the SRS Estimates for the year 2003, the IMR in the State stood at 83, which is the highest among all the States of the country. (SRS Bulletin Vol.39 No-1, April 2005). The Annual Report (2004-2005) of Women and Child Development Department, Government of Orissa, has confirmed that for the 0-3 years of age group, 19 districts come under the high and very high prevalent zone of malnutrition. The district include Angul, Balasore, Bhadrak, Bolangir, Deogarh, Gajpati, Jajpur, Jharsuguda, Kalahandi, Kandhamal, Keonjhar, Koraput, Malkanagiri, Nawarangpur, Nuapada, Rayagada, Sambalpur, Subarnapur and Sundargarh. In the 3-6 years of age group these districts along with the district of Kendrapara fall in the category of high and very high prevalent zone of malnutrition among children. The report has also indicated that only 3 districts namely Puri, Khurda and Jagatsinghpur fall under the low prevalent zone of malnutrition among 0-3 years aged children. In the 3-6 years aged group, these 3 districts along with Boudh and Nayagarh fall under the low prevalent zone category. All in all, 0-3 years aged group children in 27 districts suffer from either type of malnutrition and among 3-6 aged children the incidence and proportion of malnutrition continues to be more in 25 district of Orissa.
CLAP 64
It is a common understanding and needs to be reckoned that the incidence of malnutrition among children is more in the KBK region in comparison to other districts of Orissa. The KBK region consists of 8 districts namely, Kalahandi & Nuapada forming in the part of undivided Kalahandi; Balangir & Subaranpur constituting the part of undivided Balangir and Koraput, Malkanagiri, Nawarangpur and Raygada forming the part of Koraput. The extent of malnutrition has not reduced even to substantial rate between Nov.-2002 to Oct.-2003. Age Group
Grade-I (Mild Malnutrition) No. % 0-3 years 3-6 years 0-3 years 7.89 6.62 2.01 35.97 37.39 36.50 Table7.4 Children Suffering from Malnutrition (October-2003 Data) (No.in Lakh) Grade-II(Moderate Malnutrition) No. % 5.26 4.00 1.60 Orissa 23.97 22.60 KBK 28.95 Grade-III&IV(Severe Malnutrition) No. % 0.29 0.07 0.12 1.33 0.42 2.15 Grade-I to IV(Any form of Malnutrition) No. % 13.44 10.69 3.73 61.28 60.42 67.59
3-6 years
1.56
38.50
1.16
28.53
0.03
0.66
2.74
67.70
Source: - Annual Action Plan 2005-06; Govt. of Orissa.
The fact needs to be re-emphasised that State of Orissa characterized by high percentage of Malnutrition and Infant Mortality. The health science believes that incidence of diarrhoea is 14 times less in breast fed baby than those given infant milk substitutes. Breast fed baby are also less likely vulnerable to respiratory infections. But the shocking aspect is that 43.0% of child deaths in Orissa occurs due to diarrhoea or acute respiratory infections despite the fact that the rate of exclusive breast-feeding is better in Orissa than that of at national level. As per the SRS Bulletin, April-2005 that in Orissa the infant mortality rate is 83 per 1000 live birth for the year 2005. The IMR is 86 in rural areas and 55 in urban areas. In Orissa 64.0% of infant mortality rate is accounted for neo-natal mortality (i.e., death within 28 days of birth). Neo-natal mortality rate is highly co-related with low birth weight. Incidentally, 54.4% of children born in Orissa are underweight, as revealed in NFHS Report. In Orissa 1.06 million children under the According to WHA and UNICEF optimal feeding is age of 3 years suffers from any kind of Starting breastfeeding immediately after the birth, preferably nutritional deficiency of Grade-I to Gradewithin one hour. IV. The proportion of children suffering Exclusive breastfeeding for the first six months. from malnutrition or under-nutrition is computed to be 61.71% of children (0-3 Continued breastfeeding for two years or beyond. years) weighed. Malnutrition in young Introducing appropriate and adequate complementary children is not the problem exclusively homemade food after six months. related to non-availability of food, although the factor is relatively concerned with the nutritional status of pregnant women and lactating mothers. One indicator of nutritional status of women in Orissa is the prevalence of iron deficiency. The anaemic women are of plenty. The Tenth five years plan (2002-07) has considered infant feeding is the most critical to reduce the prevalence of under -nutrition and malnutrition. In the plan Govt. of India has set a target to increase rate exclusively breastfeeding to 80% from the current level of 41.2% and rate complementary feeding to 75% from the current level of 33.5%. For the State of Orissa, The 10th Five Year Plan is also aimed at to increase exclusively breastfeeding during the first six months to 84.1% from the current level of 58.0% and the rate of complementary feeding from 30.1% to 67.4%. The Strategy of plan is inappropriate feeding practices and their consequences are the major obstacles to sustainable socio-economic development and poverty reduction. Governments will be un-successful in the efforts to accelerate economic development in any significant long-term sense until child growth and development, especially through appropriate practices, is ensured.
CLAP 65
In an attempt to delve the scene of optimal infant feeding practices in Orissa following the enforcement of IMS (Amendment) Act, 2003, CLAP had undertaken survey in the year 2005. The study found that 33.5% of infants are exclusively breast fed during the first 6 months and 29.5% of infant continues breast-feeding with complementary family foods. Although 72.0% of nursing mothers give first milk enriched with Colostrums to their child, it is limited to only 32.0% of children born at home. The average age of child at which, mothers stops breast-feeding is 3 months 24 days. The average period of breast-feeding decreases with increasing age of mothers. While mothers below 25 years age breast fed their child up to 4 months and 5 days, the corresponding period is 3 months 28 days among 26-30 years age group mothers and above 31 years it is 3 months and 8 days. Discrimination is quite visible in cases of girl child. The average period of exclusive breast-feeding for female child is 2 months and 27 days. Due to lack of time and multiple roles of working mothers, they stop breast-feeding to their child at the age of 2 months and 18 days. (Abstract of the Report on Status of Infants Right to Breast-Feeding: A Socio-Legal Study; 2005, Published by CLAP).
Table-7.5 Infant Feeding Practices
Sl. No. 1 Indicators Exclusive Breastfeeding (0-6 Months) Area World Developed Countries India Orissa World Developed Countries India Orissa UNICEF-I 37 38 37 X 55 55 44 X NFHS-2 II X X 55.2 58.0 X X 33.5 30.1 BPNI III X X 39.7 27.1 X X X 24.1 CLAP IV
33.5 X X X 29.5
Breastfeeding with Complementary Feeding (6-12 Months)
X Data is not available

IIIIIIIVUNICEF The State of the Worlds Children, 2005: Data Sources- Demographic and Health Survey (DHS), Multiple Indicator Cluster Survey (MICS). NFHS-2 International Institute For Population Science (IIPS) and ORC Marco, 2001. 1998-99, Orissa. BPNI-Breastfeeding Promotion Network of India: Status of Infant and Young Child Feeding; 2003, Cuttack. CLAP-Committee for Legal Aid to Poor: Report on Status of Infants Right to Breastfeeding: A Socio Legal Study. * * This Report is based on purposive random sampling study. The sample represents the characteristic variables in the same proportions as in the theoretical population.
Sl. No. 1
2 3
Table-7.6 Coverage of Beneficiaries under SNP & PMGY as on 1st Jan-2004. Scheme & Agency Number of Ration Components Calorific Beneficiaries (In gms.) value (In kilo calories) State Funded Programme Wheat 80 400.16 (I) SNP (Plan) 665803 Dal 14 (II) SNP (Non-Plan) 129044 Jaggery-20 (III) PMGY 1349322 SNP (RLTAP) 505424 R.V. Oil 80 -doSNP (WFP) 378038 India Mix 80 304.00
Protein value (In gms) 12.80
-do14.40
Source: Department of W & CD, Govt. of Orissa.
Supplementary Nutrition Programme is an important component of ICDS under which supplementary food is given to children up to 6 years age, pregnant and nursing women and malnourished children. The Department of Women and Child Development, Govt. of Orissa is administering this programme. At present SNP is carried on in all 30 districts of the State through 326 ICDS Projects, with a network of 34201 AWCs. The Poverty Reduction and Economic Management, South Asia, had undertaken a survey on public expenditure tracking system to assess the working of supplementary nutrition programme being implemented through AWCs of ICDS Projects. The evaluation report, namely The SNP in Orissa, Economic Report, 2006 noted that number of feeding days as per registers maintained by the AWW did
CLAP 66
not tally with each other, pointing to inadequate record keeping. The feeding register and stock register both record the number of days that supplementary foods are distributed to beneficiaries. As regards to number of feeding days from period of April 2004 to March 2005, the stock registers shows that foods were distributed to the beneficiaries for 210 days whereas the feeding register shows something different. The report has identified the problems perceived by AWWs are of (i) cumbersome records and registers, (ii) inadequate supply of rations, (iii) work over burden, (iv) inadequate funds to meet local expenses, (v) low financial incentive and (vi) inadequate infrastructure at AWCs. Malnutrition and child deaths are the tragic culmination of poor socio-economic development, lack of health literacy among parents, administrative lapses and poor monitoring of the operational schemes. Thus, government is culprit of two things inability to check malnutrition and inaccurate maintenance of childrens death records. Malnutrition, like poverty, has been pervasive and interwoven with food insecurity, hunger and starvation. The inter-dependent problem of malnutrition cannot be tackled in isolated and single-sectoral nutritional interventions like SNP or EFP. Direct intervention to combat a deep rooted problems like malnutrition has not yet paid dividend and shall not usher the purpose unless attention is paid for multi sectoral development like education, health literacy, healthcare system, food, employment, social welfare, transport and communication. As this is an explosive issue, a model shall be developed where the health department, administrative services, operating personnel and political leadership share responsibility and accountability.
CLAP 67
CHAPTER-VIII
EDUCATION
Nothing More than Statistical a Change
Education is considered to be the principal instrument in equipping the people with skills and knowledge, awakening the human beings to cultural values and preparing them to become economically independent. Succinctly, education is the heart of all development. The Constitution of India, the National Policies on Education [1968, and 1986 (amended in 1992)] and the Five-Year Plans have laid special emphasis on the role of education in development. Article 45 of the Constitution of India in its original form envisaged free and compulsory education for all children until the age of 14 years, which was to be achieved within 10 years from the commencement of the Constitution. This has reflected the farsighted vision of the makers of the Constitution and suggests a sense of urgency to educate the vast chunk of illiterates. The Constitution also guarantees educational rights for minorities and calls for the educational development of weaker sections of the society such as SCs and STs. The 42nd Amendment of the Constitution of India (1976), bringing education under the ambit of the Concurrent List, required a new sharing of responsibility between the Union government and the States, making education a joint responsibility of the centre and states. The National Policy on Education (NEP), approved by the Parliament in 1986, and modified in 1992, envisaged free and compulsory education for all children until the age of 14 years before the onset of the 21st century. In spite of constitutional mandate, there has been a gross violation of childrens right to education. Recognising the importance of the elementary educations, Indian Parliament in its wisdom, has enacted the Constitutional 86th Amendment Act, 2002. The amendment places a legal obligation on the State to make elementary education a fundamental right in India. This is how stated in Article-21-A of the Constitution, the State shall provide free and compulsory education to all Children aged between 6-14 years in such a manner as the State may, by law determine. Box-8.1 Goals and Targets (Education for All) Free and compulsory education for all children up to 14 years by 1960. All children having attained 11 years age by 1990 will complete 5 years of schooling. By 1995 all children up to 14 years will be provided free and compulsory education. Universal Primary Education by 1995, which was subsequently, shifted to 2000. All children in school, Education Guarantee Centre, Alternate School, Back to School Camp by 2003. 5 years of primary schooling for all children by 2007. 8 years of schooling and universal retention by 2010. All children in school by 2003. All children to complete 5 years of schooling by 2007.
Constitution National Policy For Education (NPE) (1986)
National Policy for Education (NPE) (Modified in 1992) and the Programme of Action Sarva Shiksha Abhiyan 2001-02
10th Five Years Plan
Keeping in mind, the level of illiteracy at the time of framing the constitution and the economic capacity of the nation after the century old exploitation of colonial administration in India, the founding fathers of the constitution had shown a farsighted vision by deliberately inserting the child right to education in Directive Principles of State Policy. Prior to 86th Constitutional Amendment, it was stipulated in Article 45 that State should provide free and compulsory education to all children up to the age of 14 years within 10 years of the commencement of constitution, i.e., by the year 1960. This speaks the volume of urgency and accordingly that was duly reflected with a strong sense of purpose and this was the only provision in the Constitution of
CLAP 68
India that has specified a time limit. Subsequently the National Policy for Education, which has adopted by the Parliament of India in 1986, stated that by 1995 all children up to 14 years could be provided free and compulsory education and later on, the revised NPE, 1992 has shifted the goal of universal primary education to 1995. The NPE has provided a momentum to National System of Education, which implied all students, irrespective of caste, creed, location or sex, have access to education of a comparable quality. Despite so much emphasis to education in constitution and policies framed for universalising primary education, the gap between the constitutional mandate and practice have been wider, as a result there has been gross violation of childrens right to education. According to the Ministry of Human Resource Development, Govt. of India, 3.54 crore (18.44%), children in the 6-14 age group were out of school in 2001. Although this number has declined to a great effect, as claimed by the government, by the end of 2003 after introduction of SSA to achieve universalisation of elementary education, still the dropout children and never enrolled children is a cause of great worry.
United Nations Convention on the Rights of the Child (1989) Article-28

1 State Parties recognise the right of the chid to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular. (a) Make primary education compulsory and available free to all; (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need (c) Make higher education accessible to all on the basis of capacity by every appropriate means; (d) Make educational and vocational information and guidance available and accessible to all children; (e) Take measures to encourage regular attendance at schools and the reduction of dropout rates. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the childs human dignity and in conformity with the present Convention. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy through the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.
2.
3.
Total literacy and gender equality are the two most important goals of the eight United Nations Millennium Development Goals and they are to be achieved by 2015. These goals are neither too high nor 2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to unachievable. But India has not establish and direct educational institutions, subject always to the made much more progress in the observance of the principles set forth in paragraph 1 of the two fields, as revealed from the present article and to the requirements that the education given UNESCO Monitoring Report on in such institutions shall conform to such minimum standards as Education For All. India ranks lowly may be laid down by the State. 105 out of 127 nations in UNESCOs Education For All Development Index (EDI) for 2004 despite the launch of SSA programme. Taking the stock of situation prevailing in India the United Nations body has raised doubt that India will achieve Education For All (EFA) s goal of 100% enrolment in primary schools by 2015- -one of the United Nations Millennium Development Goals. The UNESCOs EDI has taken four principles, i.e, net enrolment ratio at the primary level, adult literacy rate, proportions of students in schools till class-5 and gender parity, into account for ranking. The
Article-29 1. States Parties agree that the education of the child shall be directed to: (a) The development of the childs personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect of human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; (c) The development of respect for the childs parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; (d) The preparation of the child for responsible life in a free society, in the sprit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment.
CLAP 69
problem of education in Orissa is more dismal than at the national level even though the State has implemented all-important central programmes. Although there has been a jump of adult literacy in Orissa from 15.80% in 1951 to 63.08% in 2001, yet it is still below than the national level of 65.38%, which is way below the average of 76.0% for developing country and global average of 81.7%. It is well acknowledged that adult literacy is important because if adults educate themselves they will be better able to motivate their children. Another area of concern in Orissa, like at the national level, is gender disparity in education and it is clearly visible from the Census Report. The male literacy is 75.35% where as the female literacy rate stands at 50.51%. There is also significant disparity between rural and urban Orissa in the literacy rate at 59.84% and 80.84% respectively. This is due to better physical and economic access to education in urban areas. The gender disparity is more in rural areas than the urban areas. This gender based inequality in rural areas is more because girl children do not get opportunity to complete elementary education and a sizeable proportion girls are married of during the schooling days.
Table-8.1 District-Wise rate of Literacy and Gender Disparity in Orissa
Sl. No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Name of the District 2 Angul Balasore Bargarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Sonepur Sundargarh ORISSA Male 3 67.66 71.23 63.78 74.62 55.64 60.61 77.41 59.43 68.80 41.76 63.88 78.27 70.50 67.29 46.85 54.68 76.82 59.04 78.74 33.98 28.24 51.84 28.10 73.00 42.31 76.83 36.53 65.90 61.48 65.41 63.09 Female 4 34.32 43.40 31.21 46.35 21.30 21.01 52.44 29.26 40.33 17.44 29.87 53.05 45.29 37.11 15.28 19.82 50.67 30.01 55.39 15.15 11.69 23.68 9.01 40.74 12.78 49.41 15.63 36.43 23.38 39.60 34.68 1991 Person 5 51.53 57.64 47.65 60.54 38.63 40.98 65.46 44.45 54.91 29.37 46.72 65.77 58.00 52.73 31.08 37.23 63.61 44.73 67.72 24.64 20.04 37.88 18.62 57.20 27.52 63.30 26.01 51.52 42.62 52.97 49.09 Gender Disparity* 6 0.9714 0.6412 1.0436 0.6099 1.6122 1.8848 0.4762 1.0311 0.7059 1.3945 1.1386 0.4754 0.5566 0.8133 2.0661 1.7588 0.5161 0.9673 0.4216 1.2429 1.4157 1.1892 2.1188 0.7919 2.3106 0.5549 1.3372 0.8089 1.6296 0.6518 0.8192 Male 7 81.43 81.69 77.41 84.65 71.67 76.23 85.82 73.33 80.57 54.71 75.22 88.55 81.89 82.16 62.66 69.79 87.11 71.99 87.90 47.20 40.14 65.76 47.04 82.66 58.46 88.08 48.18 78.99 78.94 75.34 75.35 Female 8 55.37 58.90 50.26 62.85 39.51 39.02 66.90 47.18 57.89 28.42 46.44 69.28 60.76 58.48 29.28 35.86 66.76 46.22 70.36 24.26 20.91 37.84 20.67 57.64 25.79 67.57 24.56 55.16 46.17 53.88 50.51 2001 Person 9 68.79 70.56 63.99 73.86 55.70 57.73 76.66 60.36 69.42 41.26 60.77 79.08 71.44 70.65 45.94 52.68 76.81 59.24 79.59 45.72 30.53 51.91 33.93 70.52 42.00 77.96 36.15 67.25 62.84 64.86 63.08 Gender Disparity* 10 0.470 0.387 0.540 0.347 0.814 0.954 0.283 0.554 0.392 0.925 0.619 0.278 0.348 0.405 1.140 0.946 0.305 0.558 0.249 0.946 0.919 0.738 1.276 0.434 1.267 0.303 0.962 0.432 0.709 0.398 0.492 Rank in 2001 11 12 9 15 6 21 20 5 18 11 26 17 2 7 8 24 23 4 19 1 28 30 22 29 10 25 3 27 13 16 14 -
* Ratio of Males to Females Minus One.
Source: Government of India (2001), Census of India, PCA, Directorate of Census Operations, Orissa, Bhubaneswar.
CLAP 70
Recognising the estimation of census report it is to be noted that, out of 30 districts of Orissa, 10 districts have literacy rate of 70 percent or more and eight districts has literacy rate of 60 percent or more. On the other hand four districts has literacy rate of above 50 percent but below 60 percent, three districts has 40-45 percent literacy rate and the literacy rate of remaining four districts is between 30-36 percent. The overall literacy is highest in Khurda district (79.59%) and lowest (30.53%) in Malkanagiri district. The high literacy rate in Khurda district is perhaps due to inclusion of literate in Bhubaneswar, the Capital of the State being in the district. Apart from Khurda, the districts having 70 percent or more literacy rate include Jagatsinghpur, Puri, Kendrapara, Cuttack, Bhadrak, Jajpur, Jharasuguda, Balasore and Nayagarh-the districts having low percentage of schedule tribes population with an exception to Jharasuguda district. Improvement of literacy in these districts has a bearing on the overall literacy rate in Orissa. But most worrisome factor is that the district of western and southern Western Orissa seem to have not made progress in terms of literacy between 1991 and 2001. The slow and negligible increase of literacy rate in the tribal dominated districts of Malkanagiri, Nawarnagpur, Koraput, Raygada, Gajpati, Nuapada and Kalahandi shall invariably put question mark on the contribution of different educational programmes being implemented in Orissa. The Sarva Shiksha Abhiyan (SSA) was launched in Orissa in 2003-2004 and is in operation in all the 30 districts of the State. This is the flagship of central government programmes to achieve universalisation of elementary education. This programme is the joint effort on the part of both Government of India and State Government. The funding pattern under SSA between centre and state is 75: 25 respectively. The central government shall not release its share unless the state government contributes its matching percentage. This is the only condition that has constantly put a brake on flow of money from union government as government of Orissa has been in perpetual habit of not providing its matching contribution in time on the taken plea of financial constraint. District Primary Education Programme (DPEP) was launched in Orissa in 1996-97 with a view to achieve the goal of universalisation elementary education and for the holistic development of primary education. In the first phase this was implemented in eight districts, viz, Baragarh, Balangir, Dhenkanal, Gajpati, Kalahandi, Keonjhar, Raygada and Sambalpur districts. In the second phase this programme was extended in another eight districts viz, Boudh, Kandhamal, Koraput, Malkanagiri, Mayurbhanj, Nawarnagpur, Nuapada, and Subaranppur.
Table-8.2 Loss of Central Share in absence of States Share Year 2001-2002 2002-2003 2003-2004 2004-2005 Total Central Share Due 86.12 171.48 408.62 549.46 1215.68 Central Share Released 46.17 38.14 186.28 247.98 518.57 Loss of Central Share 39.95 133.34 222.34 301.48 697.11 (Rs. In Crores) Percentage of Loss in Central Share 46.38 77.76 54.41 54.87 57.34
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DPEP aims at ensuring that every single child in the age group 6-14 years not only has physical but also meaningful access to good quality primary education. The goals set by DPEP are: 1) Reduce differences in enrolment, dropout rates and learning achievements between gender and social groups to less than 5%. Reducing the dropout rate to less than 10%. Increasing the learning achievements of primary school children by 25%. Providing access to primary schooling or its equivalent non-formal education for all children.
2) 3) 4)
The districts covered in the phase-I of DPEP were low literacy districts and the still remain so except Baragarh, Dhenkanal and Sambalpur. Although the early entrants have shown the improvement of 1415 percent between 1991 and 2001, Gajpati and Raygada has not progressed at par with other districts, so they rank 26th and 27th in terms literacy rate in 2001
S. N. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16 17. 18.
Table- 8.3 DPEP Coverage: Phase-I & II. State Andhra Pradesh Assam Bihar Chhatisgarh Gujurat Haryana Himachal Pradesh Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Orissa. Rajasthan Tamilnadu Uttar Pradesh Uttaranchal West Bengal Total
District 19 09 20 15 11 07 04 07 17 06 33 11 16 19 07 54 06 10 271
Source: Education Project Office, New Delhi.
Figure-8.1
Progress of Literacy Rate in Phase-I DPEP Districts of Orissa
80 69.42 67.25 70 63.99 59.24 55.70 54.91 60 47.65 45.94 44.73 50 42.62 41.26 38.63 36.15 40 29.3731.08 26.01 30 20 10 0
Ba ra ga Ba rh la n D he gir nk an al G aj Ka pat i la ha Ke ndi on jh a R ay r g Sa ad a m ba lp ur
Literacy Percent
Literacy Rate in 1991 Literacy in 2001
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NUMBER OF SCHOOLS: After independence, the growth in the number of schools has been substantial in the State. In 1947-48, the primary and upper primary schools in Orissa numbered 6814 & 286 respectively. By 2005-2006 this is increased to 45712 and 17623 respectively. The important fact is seen from the growth chart of Primary and Upper Primary Schools in State is that the number of schools, particularly the upper primary schools, has increased to a considerable proportion between 1980 1990 and the rate of growth was a mere 4.5% in primary schools and 20.3% in upper primary schools during 1990-2000. After the introduction of SSA, the rate of growth both primary and upper primary has got some kind of momentum in the State. The number of primary schools and upper primary schools by the end of 2004-2005 was 45700 and 15893 respectively, so that ratio between primary to upper primary schools was 1:2.9. As per the guidelines adopted at the national level, State has to provide access to primary schools within 1 Km and to upper primary schools within 3 Kms from the habitation having a population of 300 or more and 500or more respectively. To achieve the parameter of broad policy framework of national level, the State government has decided to open 3012 numbers of primary and 2166 numbers of upper primary schools during the year 2005-2006. The education system in India is State directed and State funding activity. The Constitutional mandate has put a legal obligation on the part of the State to direct its policy in order to provide free and compulsory education to all children 6-14 years of age. In order fulfil the Constitutional obligation State, at first, shall have to expand the primary education by creating structural opportunities of education. While so much of talk is going on the provide quality education, still it is a matter of shame that government has not been able to provide adequate number of schools as per the required demand of habitations. The State Report on Children released by Orissa Primary Education Programme Authority (OPEPA) has shown that by the year 2005, 12445 numbers of villages in the State have no schools in their locality. While government is contemplating that ratio of primary to upper primary schools has been 1: 2.6, it is hard to understand how it would be possible to accommodate all the students complete primary education in upper primary schools in a situation of no detention policy, which is being implemented in the State. In order to achieve the goal of 1:2 primary schools to upper primary schools there is need to open additional 5593 numbers of upper primary schools in the State.
Figure-8.2
Growth in the Number of Primay and Upper Primary Schools in Orissa 50000 40000 30000 20000 10000 0
42824
42824
44416 45700
45712
Number
Primary Schools
11510 20012002 11510 14233 15893 17263
Upper Primary Schools
20022003
20032004 Year
20042005
20052006
Source:
Directorate of Elementary Education, Government of Orissa, Bhubaneswar Department of School and Mass Education Government of Orissa, Bhubaneswar
CLAP 73 Table-8.4 Growth in the Number of Schools in Orissa Year Primary Schools Upper Primary Schools Ratio of Primary Schools to Upper Primary Schools 23.8 19.6 16.7 6.3 4.5 4.4 4.4 4.4 4.4 4.5 4.5 4.2 4.3 4.2 4.0 3.8 3.7 3.7 3.7 3.7 3.7 3.7 3.7 3.7 3.1 2.9 2.6 Table-8.5 District-Wise Villages in Orissa having no school Sl. No 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 District Name No. of Village 3 1934 3240 1228 1374 1850 1251 2058 734 1246 1547 3457 1330 1709 426 2276 2602 1548 2152 1736 2146 997 3725 914 1694 688 1840 2833 1531 937 1817 52820 No. of Village without School 4 627 1199 29 248 55 455 388 161 357 343 924 343 323 33 514 984 272 331 673 641 305 450 40 601 60 483 920 327 168 191 12445 Percentage of Villages having no School 5 32.4 37.0 2.3 18.0 2.9 36.3 18.8 21.9 28.8 22.1 26.7 25.8 18.9 7.7 22.5 37.8 17.5 15.3 38.8 29.9 30.5 12.0 4.4 35.5 8.7 26.2 32.4 21.3 17.9 10.5 23.5
1947-48 1950-51 1960-61 1970-71 1980-81 1982-83 1983-84 1984-85 1985-86 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06*
6814 9801 21858 26462 35893 36193 36193 36193 36993 38004 38793 39793 40293 41204 41204 41604 41604 42104 42104 42104 42104 42104 42824 42824 44416 45700 45712
286 501 1307 4193 7958 81.75 8212 8316 8436 8532 8636 9232 9562 9818 4921 4921 11360 11510 11510 11510 11510 11510 11510 11510 14233 15893 17263
2 Angul Balasore Bargarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Sonepur Sundargarh Total
* The figure is provisional. Source: Directorate of Elementary Education, Government of Orissa, Bhubaneswar, Department of School and Mass Education, Government of Orissa, Bhubaneswar
Source: Child Tracking Report 2005, OPEPA,
Not only sanction or establishment of schools but the availability of school facilities and quality of infrastructure have a strong bearing on the efficiency of the education system and have a definite impact on enrolment, non-enrolment, dropout, retention and scholastic achievement. A report of government regarding to infrastructure arrangements of schools in Orissa reveals that out of 45775 schools (33281 Primary Schools and 12494 Upper Primary Schools) 43009 number of schools have been running in kuccha building and 1819 number of schools have no building at all. The schools without drinking water facilities and without toilets are number 2668 and 31131 respectively.
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ENROLMENT AND DROPOUT OF STUDENT IN PRIMARY AND UPPER-PRIMARY SCHOOLS Access to structural opportunities of education, enrolment, attendance, retention and provision of quality education directed for the development of the child personality, mental and physical abilities to the optimum level,are the principles on which the effectiveness of educational system can be judged. The rise in number of school and growth of enrolment does not speak much about the progress of education in true sense, as the growth rate in absolute numbers has had to happen in course of time.
Figure-8.3
The statistics on Goss Enrolment Rate (GER), and Net Enrolment Rate (NER) 110 seems to be deceptive. The 105 104.26 101.78 103.48 GER is the total number of 100 Gross Enrolment 98.27 Ratio pupil enrolled in a level of 95 93.13 91.51 90.98 90 Net Enrolment education regardless of age. It 87.26 Ratio 85 is expressed as a percentage 80 of the corresponding eligible 75 age group in the population. 2001200220032004GER can be a good indicator 2002 2003 2004 2005 of infrastructure that absorbs Year large number of children. But GER near or above 100 percent does not mean that every child is being properly educated. A high GER could mean that many children are entering school at the wrong age.
Trend in GER & NER in Primary Level of Orissa
The NER is more accurate to measure the achievement of universal primary education as it only counts children of the correct age. It is possible only when we have good data and correct information about the ages of children in schools. When majority of children have no birth certificate how can the correctness of age be assessed? Moreover, in Orissa, enrolment statistics are being compiled from school registers and are not checked by independent agency for its accuracy or validity.
Table 8.6 Dropout Rates in Primary Schools in Orissa Year 1 2000-01 2001-02 2002-03 2003-04 2004-05 Boys 2 42.3 42.0 32.3 31.9 31.4 All Categories Girls Total 3 4 41.4 41.8 40.0 41.0 36.5 34.4 35.4 33.6 32.7 32.0 Boys 5 50.5 50.0 35.8 34.6 34.0 Schedules Castes Girls Total 6 7 54.3 52.4 52.0 51.0 38.7 37.2 36.6 35.6 35.6 34.8 Boys 8 61.7 61.0 49.3 48.2 48.0 Schedules Tribes Girls Total 9 10 66.5 64.1 65.0 63.0 57.4 53.3 56.6 52.4 56.0 52.0
Source: Economic Survey- 2005-06: Government of Orissa, 14/3
The dropout rate at primary level in the State during 2004-05 was 32.0% as against 33.6% during 2003-04 and 41.8% in 2000-01. The dropout rate among boys reduced from 42.3% during 2000-01 to 31.4% during 2004-05, while during the same period the dropout rate among girls reduced from 41.4% to 32.7%. Though the dropout rate among SC students is close to the dropout rate for all categories at primary school level, it is much higher among ST students (52.0%). The dropout rate at primary level in India during 2001-02 was 38.36% among boys and 39.88% among girls. During the same period the dropout rates at primary level was higher in Orissa. In fact, it is 42.0% among boys and 41.0% among girls.
Percentage
CLAP 75 Figure-8.4
Trend in the Dropout Rate of Students in Primary Schools of Orissa 45 40 35 30 25 20 15 10 5 0 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005
Boys Girls Total
Table 8.7 District wise Primary Enrollment and Dropout Rate in Orissa for the year 2004 05 District Enrollment (In %) Dropout Rate GER NER Boys Girls All SC Angul 104.92 93.00 32.83 30.65 31.79 35.84 Balasore 102.88 91.66 35.68 35.18 35.44 42.77 Baragarh 101.08 90.46 13.15 12.28 12.72 18.86 Bhadrak 100.70 90.51 24.93 20.91 23.01 31.81 Bolangir 108.10 94.20 27.94 29.69 28.78 31.87 Boudh 116.79 99.62 33.39 32.25 32.88 40.95 Cuttack 99.55 90.88 18.24 18.27 18.25 21.49 Deogarh 111.71 96.50 49.36 49.05 49.21 53.88 Dhenkanal 102.76 91.56 21.55 20.92 21.24 33.21 Gajapati 109.66 95.69 26.48 24.47 25.48 19.06 Ganjam 98.85 93.16 17.64 16.09 16.90 30.90 Jagatsinghpur 100.65 90.07 16.28 16.76 16.53 24.49 Jajpur 103.33 92.25 35.11 32.14 33.70 42.67 Jharsuguda 106.67 92.77 25.48 30.94 28.18 18.13 Kalahandi 111.01 96.42 43.66 53.25 48.44 45.23 Kandhamal 108.29 95.27 47.82 50.71 49.19 50.97 Kendrapara 100.65 90.32 32.37 29.76 31.11 37.92 Keonjhar 106.27 94.00 41.30 42.58 41.92 38.36 Khurda 99.47 89.47 29.19 26.04 27.67 32.70 Koraput 111.78 97.32 39.10 45.44 42.14 38.68 Malkanagiri 116.03 97.51 43.86 52.89 48.21 32.67 Mayurbhanj 107.56 95.01 54.22 51.07 52.79 49.08 Nawarangpur 111.84 97.37 48.78 56.37 52.56 44.16 Nayagarh 103.85 92.00 29.92 31.55 30.70 43.89 Nuapada 111.68 98.18 45.45 52.71 49.06 42.40 Puri 99.55 89.00 27.70 27.22 27.47 37.88 Rayagada 109.44 96.31 15.20 23.99 19.24 18.27 Sambalpur 105.59 93.36 11.73 12.44 12.09 10.8 Sonepur 101.42 89.90 6.03 7.31 6.65 1.31 Sundargarh 99.64 95.01 49.11 49.30 49.21 47.28 ORISSA 104.26 93.13 31.45 32.74 32.09 33.65
Source: Base Paper on School & Mass Education Department, Govt. of Orissa
ST 29.31 52.43 14.91 62.89 38.56 61.64 41.93 56.40 20.62 30.08 29.40 49.75 69.26 38.92 52.11 50.85 21.88 50.77 44.82 47.07 54.83 58.64 57.85 32.76 53.17 19.48 26.71 16.46 19.91 52.27 40.97
CLAP 76
If we go by statistics, Orissa does the best in the enrolment ratio of 93.13 at primary level, a figure that is comparatively better to national ratio. But it badly does in the rest and most particularly in the mean years of schooling and upper primary retention rate. According to NFHS-II Report the mean year of schooling was 5.06 for boys and 3.06 for girls, while at the national level the average 5.33 and 3.39 respectively. The percentage of students who stay in schools still class five has increased from 48.2 in 2000-2001 to 68.0 percent in 2004-2005, but this is well below than the national average. The rate of dropouts has been maximum during the transition from primary stage to upper primary level and it is more prominent in Orissa than the best States in India. The report of the fourth India Today annual study suggests that Orissa ranks 14 out of twenty big States of Indian union as regards to primary education. The ranking is based on the factors of literacy rate, percentage of kids with primary education, ratio of girls to boys in primary and middle schools, teacherstudent ratio and spending on education. The fall in score of 0.58 between 2005 and 2006 means the state has performed worse than previous year
Table-8.8 Ranking of States and Union Territories in Primary Education in India as per the Fourth India Today Annual Study Report. Rank 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Rank 1 1 2 3 4 5 6 7 8 9 10 Big States 2 Himachal Pradesh Kerala Uttaranchal TamilNadu Mahashtra Punjab Karnataka Assam AndhraPrasdesh Jammu &Kashmir Haryana West Bengal Gujrat Orissa Chattisgarh Madhya Pradesh Rajasthan UttarPradesh Jharkhand Bihar Small States 2 Goa Mizoram Pondichery Sikkim Manipur Nagaland Tripura Delhi Meghalaya Arunchal Pradesh 2004 3 4.39 5.39 4.10 5.46 3.94 3.90 3.25 3.36 2.89 2.63 2004 3 3.85 3.87 2.95 3.27 3.24 2.79 2.57 2.36 2.19 2.65 2.41 2.16 2.32 1.65 1.51 1.64 1.19 0.98 0.86 0.72 Score 2005 4 4.26 3.81 3.27 3.11 3.06 2.79 2.69 2.84 2.37 2.75 2.25 2.18 2.33 2.41 1.75 1.83 1.75 1.28 1.48 0.64 Score 2005 4 5.57 5.63 5.00 5.86 4.06 4.25 3.88 3.07 3.31 2.84 Change in 2006 over 2005 6 0.08 0.44 0.14 0.05 -0.04 -0.07 -0.08 -0.25 0.05 -0.39 0.09 -0.05 -0.39 -0.58 0.02 0.11 -0.42 0.0 -0.45 0.04 Change in 2006 over 2005 6 -0.15 -0.60 -0.06 -1.11 -0.29 -0.65 -0.05 -0.05 0.50 -0.66
2006 5 4.34 4.25 3.41 3.06 3.02 2.72 2.61 2.59 2.42 2.36 2.39 2.13 1.94 1.83 1.77 1.72 1.33 1.28 1.03 0.68
2006 5 5.42 5.03 4.94 4.75 3.87 3.60 3.23 3.04 2081 2.18
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Rank 1 1 2 3 4 5
Union Territories 2 Andaman &Nicober Lakshadweep Chandigarh Dadra&Nagar Haveli Daman &diu 2004 3 5.23 5.49 4.67 1.87 3.21
Score 2005 4 6.27 6.49 4.15 2.69 3.60 Table-8.9
2006 5 6.00 4.10 3.96 2.99 2.93
Change in 2006 over 2005 6 -0.27 -2.39 -0.19 0.30 -0.67
Source: India Today; State of the States; Sept.11 2006.
Dropout Rates in Upper Primary Schools in Orissa Year 1 2000-01 2001-02 2002-03 2003-04 2004-05 Boys 2 52.9 52.0 57.7 56.5 48.0 All Categories Girls Total 3 4 61.1 57.0 60.5 56.2 60.5 59.1 58.6 57.5 50.1 49.1 Schedules Castes Boys Girls Total 5 6 7 49.7 69.7 59.7 49.0 68.0 58.5 45.7 49.2 47.5 60.9 65.3 63.1 47.0 63.0 55.0 Schedules Tribes Boys Girls Total 8 9 10 70.9 77.1 74.0 70.0 76.0 73.0 75.0 80.3 77.7 73.0 78.5 75.8 67.0 72.0 69.5
Source: Economic Survey- 2005-06: Government of Orissa, 14/7.
The dropout rates, as is evident from the above table, at upper primary level of education shows that for the first time the rate has comedown to below 50%. Yet the major area of concern is that the dropout rate between SC and ST students continues to be higher. Among SC & ST children the proportion of attending school is more dismal.
Figure-8.5
Trend in Dropout Rates of Students in Upper Primary Schools in Orissa
70 60 50 40 30 20 10 0 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 Boys Girls Total
CLAP 78 Table 8.10 District Wise Enrollment and Dropout Rate in Upper Primary Schools of Orissa for the year 2004 05 District Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Sonepur Sundargarh ORISSA Enrollment (In %) GER NER 78.15 69.25 84.33 74.53 89.03 73.50 90.81 73.04 74.72 65.18 61.59 50.10 93.76 74.15 72.20 69.88 89.85 78.39 58.63 53.53 87.26 62.09 91.84 78.27 84.85 73.87 80.97 76.26 71.77 59.81 66.00 60.70 90.32 75.53 79.31 72.94 95.82 75.65 56.80 53.54 43.88 42.90 71.82 66.11 54.89 51.68 80.13 71.84 75.08 68.47 90.13 76.00 63.83 60.53 83.76 77.84 89.30 73.31 95.89 77.03 81.29 60.04 Boys 44.80 46.61 31.35 39.79 49.05 43.37 33.42 58.07 43.81 48.71 46.03 30.04 48.65 44.53 60.51 69.65 45.58 51.31 48.70 64.76 69.97 62.04 66.37 43.29 64.59 43.38 52.06 11.21 24.60 60.53 48.23 Girls 43.21 46.53 31.46 35.92 54.35 42.76 33.83 60.42 43.70 51.67 45.52 32.46 46.23 47.58 70.22 69.72 43.20 50.49 47.43 70.61 76.38 59.46 73.79 45.65 72.61 43.63 64.48 12.71 29.40 59.75 50.17 Dropout Rate All 44.05 46.57 31.44 37.96 51.57 43.16 33.61 59.15 43.75 49.98 45.79 31.21 47.51 46.04 65.29 69.76 44.43 50.96 48.08 67.41 73.01 60.88 69.92 44.43 68.43 43.51 57.74 11.96 26.93 60.17 49.16 SC 53.87 58.77 39.23 54.47 52.19 53.90 44.99 68.50 57.93 26.89 65.40 41.50 60.24 37.82 62.48 64.43 52.24 47.33 58.03 59.54 43.70 59.43 54.08 61.25 61.49 58.01 50.22 10.75 22.84 57.63 51.31 ST 48.85 71.37 47.27 89.25 68.25 82.67 75.11 66.42 57.11 59.31 38.95 79.90 86.19 62.83 72.43 74.83 52.65 63.90 73.90 79.16 85.27 67.59 77.71 61.67 75.55 28.13 73.22 46.98 51.73 63.95 65.91
Source: Base Paper on School & Mass Education Department, Govt. of Orissa
Sharp gender differences in attainment of upper primary schools are also evident. There is a greater proportion of drop out among girls than boys. The spread of upper primary educational facilities to the remote and interior areas, inhabited by scheduled caste and tribal populations, has not proceeded properly, as is evident.
Table 8.11 Dropout Rate in High Schools in Orissa Year Boys 2 68.0 67.0 65.9 62.5 61.0 All Categories Girls 3 73.4 72.0 68.5 66.7 66.0 Total 4 70.6 69.5 67.2 64.4 63.5 Schedules Castes Boys 5 76.2 75.0 74.1 74.3 72.0 Girls 6 78.0 77.0 76.5 73.7 73.0 Total 7 77.0 76.0 75.3 74.0 72.5 Schedules Tribes Boys 8 79.3 79.0 78.0 76.3 76.5 Girls 9 78.1 77.0 76.5 74.9 74.0 Total 10 80.2 78.0 77.3 75.8 75.3
1 2000-01 2001-02 2002-03 2003-04 2004-05
Source: Economic Survey- 2005-06: Government of Orissa, 14/11
CLAP 79
Why Orissa has been continuing in low literacy is best known to policy makers and the executors. A report published in the Times of India states a peculiar kind of situation regarding to education in Orissa. Quoting the report The primary schools for every one lakh population in Orissa is 120 as against the AllIndia average of 64. This is much higher than States like Punjab (57), Uttar Pradesh (59), Andhra Pradesh (67), Rajasthan (68) and Madhya Pradesh (107). Orissa has 34 middle schools for every 100,000 population versus national average of 19. Uttar Pradesh (13), Punjab (26) and Maharashtra (25) fare worse than Orissa on this scale. Similarly, in terms of high schools, Orissa has 19 for every 100,000 population compared to all India average of 11. Maharashtra and Karnataka have 16 while Haryana has 18. Despite the fact that the Orissa is ahead of several States in terms of number of schools for every 100,000 population, the States literacy rate, however, continues to be dismal. The literacy rate in Orissa stands at 63%, about 2% less than the all India average and much less than States like Kerala (90.22%), Maharashtra (77.2%), Punjab (69.95%), Haryana (68.59%) and Karnataka (67.07%). Marked absenteeism of teachers, high drop out rate and weak monitoring system could be some of the reasons for this peculiar kind of situations. (The Times of India, Friday, August-19, 2005).
Table-8.12 Scenario of Primary and Upper Primary Schools in Orissa. (2005-2006) Number of Number of Number of Number of Upper Number of Primary Primary Schools Upper Primary Upper Primary Schools Schools approved for Primary required to achieve School 2005-2006 Schools 1:2 (UPS to PS) approved for SSA DPEP SSA in 2005-06 1341 525 146 18 27 1879 1144 8 11 1500 560 190 9 10 1319 638 22 20 18 2026 618 395 30 80 665 223 110 7 18 27 2239 958 162 27 14 478 162 77 5 19 1241 473 148 6 44 1198 325 274 9 50 3188 1166 428 12 29 1247 562 62 16 9 1696 817 31 13 10 608 270 34 7 91 1740 541 329 11 91 1560 474 306 10 50 52 1517 728 31 5 6 2041 834 187 10 25 1474 681 56 40 10 2103 577 475 63 222 70 1034 239 278 42 110 88 3148 1075 499 15 179 72 1329 413 252 14 145 80 915 420 38 11 14 821 287 124 5 123 64 1561 632 149 41 40 1660 431 399 8 73 1226 450 163 12 30 888 309 135 8 19 32 2070 731 304 30 66 45712 17263 5593 512 866 1166
District
Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Sonepur Sundargarh ORISSA
Source: Information collected from School & Mass Education Department, Govt. of Orissa.
CLAP 80
WORK FOR HOME MAKING CHILDREN DROP OUT OF SCHOOL

According to an estimation, more than 360447 children in the age group of 6-11 have dropped out of schools in the State. And an overwhelming 19 percent of them have done so due to pressure on them to work for home. The State level report on dropout rate among children in the above age group published by Orissa Primary Education Programme Authority says that as many as 67,754 stay away only due to the work for home factor. Girls, predictably, form the large chunk at 39,351 though boys are not very far off at 28,403. Nabarangapur district has the highest number of 8,981 children dropping out owing to this factor followed by Kalahandi at 8,957 and Mayurbhanj at 8,274. The main reason behind the high percentage is their involvement in household work and sheer disinclination of the parents to let go of them to utilise the time in studying. Earning money to supplement family income in the face of poverty comes second in the list of contributing factors, accounting for around 12 percent of all dropouts. As many as 42,714 children in the State have shunned school to take to livelihood earning activities, the report stated. Interestingly, distance of schools has come up as a prominent factor in dissuading children from attending the institutions with as high as 6.80 percent being accounted for it. The report reveals that 24,540 children comprising 12,623 girls and 11,917 boys have left school only due to the long distance they have to cover from their homes. Parental dislike for education also figures high on the list with 6.05 percent of dropouts attributed to it. Around 21842 children in the State do not go to school because their parents just do not want them to go. (The New Indian Express) (Excerpt from The New Indian Express, Bhubaneswar, Monday, Oct.9,2006)
NUMBER OF TEACHERS AND TEACHER PUPIL RATIO: Adequate numbers of teacher and quality of teaching hold the key to the efficiency and effectiviness of education system. Apart from that the teacher-pupil ratio is also of great importance to improve the quality of education. As per the norms of SSA the teacher-pupil ratio should be 1:40 and deployment minimum two teachers in primary/upper primary schools. For Orissa, in primary and upper primary schools, during 20052006, the numbers of teachers were 78768 and 52959 respectively. To achieve the SSA norm of 1:40 ratio, an additional 20741 numbers teacher are desperately required. Of them 11933 teachers are to be recruited to primary schools and 8808 numbers of teachers to be engaged in upper primary schools. The proportion of female teachers is also important factor relevant to primary education. The more lady teacher employed in schools is always advantages to female education, as girls feel secure and confident with female teachers. The percentage of female teachers in primary and upper primary schools in Orissa is very low. The percentage of female teachers in primary and upper primary schools as on 2004 was 35.70 percent and 25.4 percent respectively, which is; in fact, well below than the agreed norms of normal ratio. Even if this is accepted, the State level average is certainly the best away of understanding the variations among the low literate districts in general and most particularly in tribal dominated districts. The table of ratio of female-male teachers points out the significance of the presence of female teachers to the growth of literacy rate between the top five districts-Khurda, Jagatsinghpur, Puri, Kendrapara and Cuttack- and bottom five districts Malkanagiri, Nawarangpur, Raygada, Gajpati and Nuapada-in terms of literacy rate. According to Sthabir Khora, two factors are considered to be important to explain the low literacy in most of the districts of Orissa: their historical disadvantages and inadequate presence of women and SC/ST among teachers, compared to their numbers among pupils. Availability of teachers per school, consideration of female and SC/ST teacher among teachers are some important factors relevant to primary education and therefore for literacy. (Continuing Low Literacy: The case of Orissa; Economic and Political Weekly, March 5, 2005; 928-930).
CLAP 81 Table-8.13 Ratio of Female Male Teacher in PS and UPS of 30 Districts of Orissa Sl. No. 1. 2. 3. 4. 5. 6. 7 8. 9. 10. 11. 12. 13 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. District Total No. of Teacher 3021 4141 3549 3057 4641 1501 5136 803 2924 2126 7717 2536 3982 1164 3959 3048 3086 4629 3522 4210 1764 6894 2315 2066 1860 3693 3179 2441 1672 4443 99079 Primary No. of Female Teacher 1054 1675 443 1064 1303 370 2311 206 1194 569 2251 1422 1384 505 873 1114 1211 1476 1909 1693 505 2893 711 564 485 1720 755 1175 396 2139 35370 % of Female Teacher 34.89 40.45 12.48 34.81 28.08 24.65 45.00 25.65 40.83 26.76 29.17 56.07 34.76 43.38 22.05 36.55 39.24 31.89 54.20 40.21 28.63 41.96 30.71 27.30 26.08 46.57 23.75 48.14 23.68 48.14 35.70 Total No. of Teacher 893 2146 1478 1207 962 442 2054 270 930 533 1973 1095 1747 393 862 728 1631 1457 1300 711 354 2021 496 813 443 1312 585 786 449 1322 31393 Upper Primary No. of % of Female Female Teacher Teacher 199 22.28 481 22.41 394 26.66 202 16.74 259 26.92 71 16.06 663 32.28 42 15.56 198 21.29 150 28.14 430 21.79 366 33.42 343 19.63 101 25.70 145 16.82 191 26.24 366 22.44 259 17.78 566 53.54 269 37.83 90 25.42 541 26.77 115 23.19 170 20.91 66 14.90 338 25.76 124 21.20 312 39.69 79 17.59 444 33.59 7974 25.40
Angul Balasore Bargarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi. Kandhamal Kendrapara. Keonjhar. Khurda. Koraput Malkanagiri Mayurbhanj Nawarangpur Nayagarh. Nuapara. Puri Rayagada. Sambalpur Sonepur Sundargarh Orissa.
Sources: District Information System of Education, Orissa.
The peculiar fact is that 155,145 numbers of teachers were in the primary schools and middle schools in the year 2001-02 which has drastically come down to 108,997 as on 1.1.2004. The total numbers of teachers engaged till February, 2005 in 30 districts is 149,957 out of which, 40,856 have been engaged as Swechhasevi Sikshya Sahayaka. The postings of SSS has reduced the overall pupil teacher ratio to a manageable proportion, otherwise it could have been a sorry of state of affairs. Dearth of regular teachers in schools could be a potential factor for the high rate of drop out of children in Orissa. EDUCATION AND DISABLED CHILDREN: Right to education occupies a central place in human rights and individual cannot exercise any civil, political, economic and social rights unless they have received minimum education. According to Article-21 (A) of the Constitution of India, every child in India is entitled to free and compulsory education till the age of fourteen. The provisions of constitution apply uniformly to all children and for this reason the framers of the constitution did not feel to make special provision for the disabled children. In view of the general applicability of the constitutional provisions regarding education it may be inferred that they too equally apply to disabled children.
CLAP 82
The National Policy on Education (1986) by including a section on disabilities has provided momentum for the education of the disabled. Briefly it includes: Inclusive education facilities for children with mild disabilities in regular schools. Provision for the training and education of children with severe disabilities in special schools. Vocational training as being a part of the education for the disabled. Reorientation of teachers training programmes to include education of disabled children. Further the special enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, mandates the right of every child with disability to have access to free education in an appropriate environment till the age of 18 years. The Act also entrust responsibility on the State To promote the integration of students with disabilities in the normal schools: To provide special schools in such a manner that children with disabilities living in any area have access to such schools. To equip the special schools for children with disabilities with vocational training facilities. According to the estimation made in State Report on Children (2005) there are 2,13,170 numbers of disabled children in the school going aged group. Of them, 99,714 numbers of children are enrolled in primary and upper primary schools. The percentage of children with disability both in primary and upper primary schools is 46.7%, which is below than the figure of rate of total enrolment in the State. This simply puts that 53.3% of children with disability are out of schools In spite of constitutional mandate, commitment made by the government under international instrument for providing education to all, special enactment for persons with disabilities and drafting schemes and policies; the right to education of disabled children have been widely neglected. The education of disabled children has been visualised with favour and entitlements rather than providing education as a matter of right. Box-8.2 Schemes undertaken by the Govt. of Orissa for the Education on the Disabled.
There have been schemes operating in the State since 1985 for providing education to disabled children viz. the blind, the deaf and mentally retarded children with the help specially trained teachers in the special schools. At present, there are 50 special schools in Orissa for disabled children with 2939 students. Out of the schools, 18 are for the visually impaired children, 21 for the hearing impaired children and 11 for the mentally challenged children. Aside the Govt run special schools, another 50 special schools are being run by NGOs/ voluntary organisation with grantin-aid from Central Government. To encourage disabled students to pursue educations, the state govt. has introduced the scheme in the year 1978-79 to award scholarships to the disabled students studying from class I to the university level. Commensurate with NPE 1986, at present 4 vocational training centres have been established in the State with the State Governments assistance and 8 vocational training Centres are being run by different NGOs with Government of India finance. For imparting training to teachers for the education of disabled children, 3-training centres with intake capacity of 20 each for teachers of visually impaired, hearing impaired and mentally retarded persons have been established in collaboration with the National Institute for Visually Handicapped (NIVH), Dehradun, National Institute for Hearing Handicapped (NIHH) Mumbai, and National Institute for the Mentally Handicapped (NIMH), Secundarabad respectively.
CLAP 83 Table-8.14 DistrictWise Status of Children With Disability In Education. District Total School Going Disabled Disabled Children in School Children Boys Girls Total Boys Girls Total 2 3 4 5 6 7 8 Angul 1478 1279 2757 784 677 1461 Balasore 13951 11272 25223 5341 4439 9780 Bargarh 2138 1769 3907 1210 960 2170 Bhadrak 4250 3795 8045 2480 2156 4636 Bolangir 2027 1750 3777 1114 861 1975 Boudh 7775 653 14313 2491 2077 4568 Cuttack 4178 3398 7576 2464 1980 4444 Deogarh 393 326 719 216 197 413 Dhenkanal 8007 6819 14826 3496 2968 6464 Gajapati 1815 1559 3374 789 616 1405 Ganjam 20969 15679 36648 8154 6528 14682 Jagatsinghpur 1569 1383 2952 945 855 1800 Jajpur 2800 2357 5157 1597 1302 2899 Jharsuguda 729 657 1386 435 359 794 Kalahandi. 2174 1873 4047 1126 811 1937 Kandhamal 5272 4341 9613 2137 1674 3811 Kendrapara. 3012 2350 5362 1847 1422 3269 Keonjhar. 2445 2045 4490 1261 1015 2276 Khurda. 2952 2563 5515 1755 1479 3234 Koraput 3055 2791 5846 1351 1271 2622 Malkanagiri 2587 2273 4860 1286 960 2246 Mayurbhanj 6468 5707 12175 3064 2470 5534 Nawarangpur 2355 2085 4440 1003 796 1799 Nayagarh. 544 396 940 298 224 522 Nuapara. 5547 4909 10456 2321 1981 4302 Puri 2299 1893 4192 1425 1134 2559 Rayagada. 1497 1201 2698 798 583 1381 Sambalpur 4331 3938 8269 2086 1801 3887 Subaranpur 702 630 1332 388 334 722 Sundargarh 2244 1916 4160 1156 966 2122 Orissa. 119563 93607 213170 54818 44896 99714
Sl. No. 1 1. 2. 3. 4. 5. 6. 7 8. 9. 10. 11. 12. 13 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30.
EXPENDITURE ON EDUCATION IN ORISSA: Education in India is predominately a State funded and State sponsored activity. In the federal polity of India, education comes under the concurrent list of the constitution and therefore all expenditure incurred in education shall be borne by the States of the Indian Union. The States have been heavily depending on the centre for the finances and grant -in -aids, not for education but for development programmes also, due to devolution of financial powers, which is titled in favour of union government. As a result of heavy financial constraints of the government of Orissa, it has been difficult on the part of the State government to meet the ever-going expenditure on education. Quality of education cannot be assured without investment and investment without budgetary allocation is unimaginative. The budgetary allocation on education in Orissa has increased from 1496.83 crores in 2000-2001 to 1725.03 crores, i.e. the rate of increase is of 15.2%. The real increase is in nominal terms. Although the percentage of total States expenditure on education has shown an increase from 9.23% in 2000-2001 to 9.97% in 20052006, it has been fluctuating with distinct margin during financial period of 2001 to 2005. Orissa spends about 3.42% of its Gross State Domestic Product (GSDP) on education. However, the progress in the percentage of expenditure on education to GSDP is fluctuating between 3.90% 2000-2001 to 3.25% in 20032004 and 3.42% in 2004-2005.
CLAP 84
It is quite unfortunate to note that the government of Orissa, despite the allocation of central share to SSA and DPEP for universalise its elementary education programme, has failed of availing the central share due to inability to find the matching share of her own. The State has lost the central share of 697.11crores during 2001 to 2005, which constitutes a lions share of 57.34 percent.
Table-8.15 Total Public expenditure and Education in Orissa in Last Five Years Total Public Expenditure Entire State Expenditure Expenditure of School and Mass Education Department Percentage of States Expenditure Entire States Plans Expenditure Plan Expenditure of S & ME Deptt. Percentage of States Plan Expenditure Gross State Domestic Product 2000-2001 16207.14 1496.83 9.23 2916.60 445.03 15.28 3.90% 2001-2002 18585.32 1383.19 7.44 2776.78 343.56 12.37 3.40% 2002-2003 20783.77 1581.83 7.61 2789.19 120.52 4.32 3.74% 2003-2004 23026.29 1577.32 6.85 3954.52 94.96 2.40 3.25%
(Rs. In Crores)
2004-2005 20787.99 1725.03 8.30 2900.98 185.03 6.37 3.42%
Table-8.16 Year-wise Funds Released for Elementary Education In Orissa
(Rs. In Crores)
SSA 2 35.39 30.08 5.31 31.77 0 2001-2002 DPEP-I DPEP-II 3 4 48.65 65.93 41.35 7.30 41.35 7.30 48.65 56.04 9.89 15.0 0.63 4.62 Total 5 149.97 127.47 22.50 88.12 7.93 53.27 SSA 6 160.64 120.48 40.16 22.14 12.67 25.32 2002-2003 DPEP-I DPEP-II 7 8 48.5 60.0 41.23 7.27 41.23 7.27 48.50 51.00 9.0 16.0 3.78 25.63 Total 9 269.14 212.71 56.43 79.37 23.72 99.45
1 Approved budget Central Share due States Share due Central Share Released States Share Released Expenditure
SSA
1 Approved budget Central Share due States Share due Central Share Released States Share Released Expenditure 2 452.85 339.64 113.21 130.95 15.36 158.12
DPEP-I
3 35.22 29.94 5.28 29.94 5.28 35.22
2001-2002 DPEP-II NPEGEL

4 64.28 54.64 9.64 51.75 8.24 37.49 5 19.12 14.34 4.78 3.58 0 -
Total
6 571.47 438.56 132.91 216.22 28.88 230.83
SSA
7 575.99 431.99 144.0 198.07 98.57 260.65
2002-2003 DPEP-II NPEGEL

8 81.68 69.43 12.25 29.91 4.82 43.83 9 64.05 48.04 16.01 20.0 1.20 19.96
Total
10 721.72 549.46 172.26 247.98 104.59 324.44
CLAP 85 Table-8.17 Gender and Rural Urban Equation in Literate and Literacy Rate for Orissa#
Total Population (7 Yrs. Above) ORISSA Total Rural Urban Angul Total Rural Urban Balasore Total Rural Urban Bargarh Total Rural Urban Bhadrak Total Rural Urban Balangir Total Rural Urban Boudh Total Rural Urban Cuttack Total Rural Urban Deogarh Total Rural Urban 312330 296617 15713 2054274 1482930 571344 231756 214228 17528 180321 167432 12889 1574742 1091062 483680 139877 126501 13376 119757 112236 7521 909527 634987 274540 85620 77870 7750 60564 55196 53.68 665215 456075 209140 54257 48631 5626 57.73% 56.45% 82.03% 76.66% 73.57% 84.66% 60.36% 59.05% 76.31% 76.23% 75.32% 92.87% 85.82% 84.26% 89.66% 73.33% 72.41% 84.12% 39.02% 37.39% 70.49% 66.90% 62.54% 78.88% 47.18% 45.59% 67.66% 976,060 836,825 139,235 1728421 1536443 191978 1171846 1080952 90894 1141093 1020242 120860 1145520 1009526 135994 671,433 553,006 118,427 1219495 1068208 151287 749820 677822 71998 842855 757721 85134 638048 531994 106054 409,260 339,984 69,276 722244 636323 85921 458534 417294 41240 487993 438596 49397 413224 351972 61252 262,173 213,022 49,151 497251 431885 65366 291286 260528 30758 354862 319125 35737 224824 180022 44802 68.79% 66.08% 85.06% 70.56% 69.52% 78.80% 63.99% 62.71% 79.21% 73.86% 74.27% 70.44% 55.70% 52.70% 77.98% 68.79% 79.66% 91.41% 81.69% 81.16% 85.77% 77.41% 76.52% 87.73% 84.65% 85.36% 78.87% 71.67% 69.53% 87.10% 55.37% 51.95% 77.47% 58.90% 57.40% 71.20% 50.26% 48.64% 70.09% 62.85% 63.02% 61.38% 39.51% 35.77% 68.22% 31,445,850 26,591,064 4,854,786 Persons Number of Literate Males Females Persons Literacy Rate Males Females
19,837,055 15,912,604 3,924,451
11,992,333 9,733,532 2,258,801
7,844,722 6,179,072 1,665,660
63.08% 59.84% 80.84%
75.35% 72.93% 80.84%
50.51% 46.66% 72.87%
CLAP 86
Dhenkanal Total Rural Urban Gajapati Total Rural Urban Ganjam Total Rural Urban Jagatsinghpur Total Rural Urban Jajpur Total Rural Urban Jharsuguda Total Rural Urban Kalahandi Total Rural Urban Kandhamal Total Rural Urban Kendrapara Total Rural Urban Keonjhar Total Rural Urban
921,021 838,454 82,567 426151 379463 46688 2685171 2193919 491252 933,079 840,900 92,179 1,405,970 1,341,652 64,318 442857 280394 162463 1117605 1030710 86895 530903 492204 38699 1,127,049 1,062,160 64,889 1318335 1135418 182917
639,363 569,910 69,453 175850 142652 33198 1631722 1240370 391352 737,848 662,105 75,743 1,004,464 951,937 52,527 312880 186979 125901 513383 448741 64642 279705 246660 33045 865,643 812,038 53,605 780918 646190 134728
377,237 337,735 39,502 113924 94987 18937 1005585 782447 223138 419,922 374,096 45,826 5,82,222 5,52,366 29,856 187019 112750 74269 349473 311268 38205 183733 164978 18755 484,580 454,822 29,758 479337 399703 79634
262,126 232,175 29,951 61926 47665 14261 626137 457923 168214 317,926 288,009 29,917 422,242 399,571 22,671 125861 74229 51632 163910 137473 26437 95972 81682 14290 381,063 357,216 23,847 301581 246487 55094
69.42% 67.97% 84.12% 41.26% 37.59% 71.11% 60.77% 56.54% 79.66% 79.08% 78.74% 82.17% 71.44% 70.95% 81.67% 70.65% 66.68% 77.50% 45.94% 43.54% 74.39% 52.68% 50.11% 85.39% 76.81% 76.45% 82.61% 59.24% 56.91% 73.66%
80.57% 79.52% 90.80% 54.71% 51.37% 81.16% 75.22% 72.19% 88.24% 88.55% 88.61% 88.12% 81.89% 81.57% 88.35% 82.16% 79.50% 86.56% 62.66% 60.73% 84.55% 69.79% 67.83% 93.60% 87.11% 86.96% 89.56% 71.99% 70.17% 82.75%
57.89% 56.12% 76.67% 28.42% 24.50% 61.06% 46.44% 41.25% 70.56% 69.28% 68.79% 74.47% 60.76% 60.13% 74.27% 58.48% 53.57% 67.35% 29.28% 26.53% 63.38% 35.86% 32.81% 76.57% 66.76% 66.26% 75.32% 46.22% 43.56 63.56%
CLAP 87
Khurda Total Rural Urban Koraput Total Rural Urban Malkangiri Total Rural Urban Mayurbhanj Total Rural Urban Nawrangpur Total Rural Urban Nayagarh Total Rural Urban Nuapada Total Rural Urban Puri Total Rural Urban Rayagada Total Rural Urban Sambalpur Total Rural Urban
1,646,924 930,487 716,437 979,948 806,635 173,313 414385 384860 29525 1858739 1720988 137751 838718 787598 51120 751,336 718,403 32,933 446169 420342 25827 1,502,682 1,298,654 204,028 685,616 584,604 101,012 810,180 587,354 222826
1,310,867 689,674 621,193 350,044 220,239 129,805 126498 107217 19281 964860 851128 113732 284538 246859 37679 529,840 501,652 28,188 187412 169217 18195 478,159 422,482 55,677 247,829 174,869 72,960 544,861 368,724 176137
762,288 399,739 362,549 2,31,055 1,56,874 74,181 83170 71698 11472 616003 550993 65010 198294 176174 22120 319,662 303,806 15,856 129461 118766 10695 177,011 153,293 23,718 162,061 120,133 41,928 324,711 223,995 100716
548,579 289,935 258,644 118,989 63,365 55,624 43328 35519 7809 348857 300135 48722 86244 70685 15559 210,178 197,846 12,332 57951 50451 7500 301,148 269,189 31,959 85,768 54,736 31,032 2,20,150 1,44,729 75421
79.59% 74.12% 86.71% 35.72% 27.30% 74.90% 30.53% 27.86% 65.30% 51.91% 49.46% 82.56% 33.93% 31.34% 73.71% 70.52% 69.83% 85.59% 42.00% 40.26% 70.45% 31.88 32.53 27.28 36.15% 29.91% 72.23% 67.25% 62.78% 79.05%
87.90% 85.98% 91.36% 47.20% 39.16% 83.40% 40.14% 37.37% 74.92% 65.76% 63.79% 89.14% 47.04% 44.61% 83.13 82.66% 82.21% 92.38% 58.46% 57.60% 81.59% 23.18 23.32 22.33 48.18% 42.14% 81.79% 78.99% 75.89% 86.87%
70.36% 63.01% 80.92% 24.26% 15.61% 65.93% 20.91% 18.41% 54.95% 37.84% 35.01% 75.17% 20.67% 18.00 63.48% 57.64% 56.72% 78.02% 25.79% 23.80% 58.97% 40.73 41.96 32.66 24.56% 18.27% 62.37% 55.16% 49.53% 70.56%
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Sonepur Total Rural Urban Sundergarh Total Rural Urban Source: Census 2001
464576 429352 35224 1565685 1014335 551350
291931 264714 27217 1015485 56081 454674
186549 170319 16230 603510 342715 260795
105382 94395 10987 411975 218096 193879
62.84% 61.65% 77.27% 64.86% 55.29% 82.47%
78.94% 78.94% 68.57% 75.34% 67.44% 89.04%
46.17% 44.66% 65.02% 53.88% 43.09% 75.02%
# Literate and Literacy Rate exclude Children in age group of 0-6 years who were by definition treated as illiterate in India. Table-8.18 Number of Illiterates and Illiteracy Rate for Orissa* Total Number of Illiterate Rate of Illiteracy Population Persons Males Females Persons Males Females ORISSA Total Rural Urban Angul Total Rural Urban Baleswar Total Rural Urban Bargarh Total Rural Urban Bhadrak Total Rural Urban Bolangir Total Rural Urban Boudh Total Rural Urban Cuttack Total Rural Urban Deogarh Total Rural Urban 36,804,660 31,287,422 5,517,238 1,140,003 981,587 158,416 2024508 1804140 220368 1346336 1242795 103541 1333749 1192678 141071 1337194 1182871 154323 373372 355347 18025 2341094 1699964 641130 274108 254012 20096 16,967,605 15,374,818 1,592,787 468,570 428,581 39,989 805013 735932 69081 596516 564973 31543 490894 434957 55937 699146 650877 48269 193051 187915 5136 766352 608902 157450 134231 127511 6720 6,668,237 6,015,438 652,799 177,974 161,384 16,590 314267 285417 28850 222966 210692 12274 187649 164085 23564 260761 242210 18551 68398 66613 1785 298254 230604 67650 52788 50020 2768 10,299,368 9,359,380 939,988 290,596 267,197 23,399 490746 450515 40231 373550 354281 19269 303245 270872 32373 438385 408667 29718 124653 121302 3351 468098 378298 89800 81443 77491 3952 46.10 49.14 28.87 41.10 43.66 25.24 39.76 40.79 31.34 44.30 45.45 30.46 36.80 36.46 39.65 52.28 55.02 31.27 51.70 52.88 28.49 32.73 35.82 24.56 48.97 50.19 33.43 35.73 38.19 22.42 30.30 32.18 19.32 30.31 30.96 25.13 32.71 33.55 22.93 27.77 27.22 32.29 38.68 40.76 23.24 36.35 37.24 19.18 24.69 26.64 19.77 38.13 39.11 26.31 56.76 60.23 36.07 52.57 55.64 32.25 49.67 51.05 27.32 56.18 57.62 38.51 46.07 45.91 47.53 66.10 69.41 39.87 57.30 58.72 38.43 41.30 45.33 30.03 60.0 61.44 41.26
CLAP 89 Denkanal Total Rural Urban Gajapati Total Rural Urban Ganjam Total Rural Urban Jagatsinghpur Total Rural Urban Jajpur Total Rural Urban Jharsuguda Total Rural Urban Kalahandi Total Rural Urban Kandhamal Total Rural Urban Kendrapara Total Rural Urban Kendujhar Total Rural Urban Khurda Total Rural Urban Koraput Total Rural Urban Malkangiri Total Rural Urban Mayurbhanj Total Rural Urban
1,066,878 973,964 92,914 518837 465949 52888 3160635 2604276 556359 1,057,629 953,180 104,449 1,624,341 1,551,361 72,980 509716 323831 185885 1335494 1235275 100219 648201 604107 44094 1,302,005 1,227,868 74,137 1561990 1348967 213023 1,877,395 1,071,689 805,706 1,180,637 982,188 198,449 504198 469582 34616 2223456 2067756 155700
427,515 404,054 23,461 342987 323297 19690 1528913 1363906 165007 319,781 291,075 28,706 619,877 599,424 20,453 196836 136852 59984 822111 786534 35577 368496 357447 11049 436,362 415,830 20,532 781072 702777 78295 566,528 382,015 184,513 830,593 761,949 68,644 377700 362365 15335 1258596 1216628 41968
166,764 157,343 9,421 141499 133875 7624 576401 512639 63762 118,959 108,346 12,613 241,525 233,077 8,448 74922 51235 23687 318053 304344 13709 139066 134951 4115 161,858 153,558 8,300 310699 278752 31947 224,598 143,751 80,847 395,688 332,101 27,587 169337 162916 6421 507197 490064 17133
260,751 246,711 14,040 201488 189422 12066 952512 851267 101245 200,822 1,847,29 16,093 378,352 366,347 12,005 121914 85617 36297 504058 482190 21868 229430 272496 6934 274,504 262,272 12,232 470373 424025 46348 341,930 238,264 103,666 470,905 429,848 41,057 208363 199449 8914 751399 726564 24835
43.89 41.48 25.25 66.10 69.38 37.22 48.37 52.37 29.65 30.23 30.53 27.48 38.16 38.63 28.02 38.61 42.26 32.26 61.55 63.67 35.49 56.84 59.16 25.05 33.51 33.86 27.69 50.00 52.09 36.75 30.17 35.64 22.90 70.35 77.57 34.59 74.91 77.16 44.30 56.60 58.83 26.95
30.65 31.78 19.25 55.39 58.49 28.70 36.43 39.58 22.22 22.07 22.55 21.58 29.32 29.67 22.05 28.60 31.24 24.18 47.64 49.43 26.40 43.08 44.99 17.99 25.03 25.24 21.80 39.32 41.08 28.63 22.75 26.44 18.23 60.88 67.91 27.10 67.06 69.44 35.88 45.15 47.07 20.85
49.86 32.85 21.41 76.49 79.89 45.83 60.33 65.02 37.57 22.93 39.07 34.97 47.25 47.83 34.62 49.20 53.56 41.27 75.46 77.81 45.27 70.50 89.58 32.67 41.87 42.33 33.90 50.93 63.23 45.68 38.39 45.10 28.61 79.82 87.15 42.46 82.78 84.88 53.30 68.29 70.76 33.76
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Nawrangpur Total Rural Urban Nayagarh Total Rural Urban Nuapada Total Rural Urban Puri Total Rural Urban Rayagada Total Rural Urban Sambalpur Total Rural Urban Sonepur Total Rural Urban Sundergarh Total Rural Urban
1025766 966496 59270 864,516 827,450 37,066 530690 500652 30038 1,502,682 1,298,654 204,028 831,109 715,702 115,407 935613 681835 253778 541835 501767 40068 1830673 1201479 629194
741228 719637 21591 334,676 325,798 8,878 343278 331435 11843 478,159 422,482 55,677 583,280 540,833 42,447 390752 313111 77641 249904 237053 12851 815188 640668 174520
316868 308239 8659 126,515 122,988 3,527 134935 130380 4555 177,011 153,293 23,718 247,731 231,025 16,706 150411 119187 31224 89052 84486 4566 332091 259863 72228
424360 411398 12962 208,161 202,810 5,351 208343 201055 7288 301,148 269,189 31,959 335,549 309,808 25,741 240341 193924 46417 160852 152567 8285 483097 380805 102292
72.26 74.45 36.42 38.71 39.37 23.95 64.68 66.20 39.42 31.88 32.53 27.28 70.18 75.56 36.78 41.76 45.92 30.59 46.12 47.24 32.07 44.52 53.32 27.73
61.50 63.63 28.06 28.35 28.82 18.19 51.03 52.33 29.86 23.18 23.32 22.33 60.45 65.78 28.49 31.65 24.72 23.66 32.31 33.15 21.95 35.49 43.12 21.68
83.10 85.33 45.44 49.75 50.61 30.26 78.23 79.94 49.28 40.73 41.96 32.66 79.64 84.98 44.34 52.19 57.26 38.09 60.41 61.77 42.98 53.97 63.58 34.53
* Illiterate include children age group 0-6 Years. Illiteracy rate is the percentage to total population.
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CHAPTER-IX
CHILD LABOUR
Disintegration of Personality
Child Labour is a global phenomena and it is more prevalent among developing countries of the world. As a developing country, India is not an exception to this world wide notorious phenomenon. In fact, Child Labour has assumed a far greater magnitude in India. There is no States of India, which is free from child labour. According to the Census-2001, the number of working children in India was 12.6 million and the State with highest number of child labour population was Uttar Pradesh, Andra Pradesh, Rajasthan, Madhya Pradesh and Bihar. Children are employed in almost every aspect of human work and life. Generally, in rural areas they are employed in agricultural sectors helping in agricultural operations, like sowing and harvesting. In urban areas, children are engaged in more diversified activities such as loading, unloading, hawking, ragpicking, shoe shinning. Few occupations such as domestic services, street trades, jobs in hotels, restaurants, teashops and auto repair shops are common for children everywhere. The children who are subjected to work are drawn from the families of agricultural labourers, sharecroppers, families of rural artisans, beedi workers, weavers, building and construction workers, brick kiln and stone quarry workers and those of collectors of minor forest produce in tribal area. They are by products of the families of the rural poor, many of whom have been victims social discrimination and economic deprivation for generation.
Despite the fact; that child labour is an acute problem in every district and State of India and it is nothing to short of national humiliation; persistence debate has been continuing on the very definition of the word child labour and who are to be subsumed as child labour. Ambiguity has been pervasive more among the intellectuals. Before making an analysis of different schools of thought regarding the coverage of whom under the much talked and disturbing issue of child labour, let us give a bird eye view of the constitutional provisions in India and what it exactly speaks.
Table-9.1 State-wise Distribution of Working Children in the Age Group 5-14 Years according to 2001 Census. 2001 Census Sl. Name of the State No. 1 Andhra Pradesh 1363339 2 Assam 351416 3 Bihar 1117500 4 Gujarat 485530 5 Haryana 253491 6 Himachal Pradesh 107774 7 Jammu & Kashmir 175630 8 Karnataka 822615 9 Kerala 26156 10 Madhya Pradesh 1065259 11 Maharashtra 764075 12 Chhattisgarh 364572 13 Manipur 14 Meghalaya 53940 15 Jharkhand 407200 16 Uttaranchal 70183 17 Nagaland 18 ORISSA 377594 19 Punjab 177268 20 Rajasthan 1262570 21 Sikkim 16457 22 Tamil Nadu 418801 23 Tripura 21756 24 Uttar Pradesh 1927997 25 West Bengal 857087 26 Andaman & Nicobar Island 1960 27 Arunachal Pradesh 18482 28 Chandigarh 3779 29 Dadra & Nagar Haveli 4274 30 Delhi 41899 31 Daman And Diu 729 32 Goa 4138 33 Lakshadweep 27 34 Mizoram 26265 35 Pondicerry 1904 Total 12591667 Source: Census-2001.
CONSTITUTION OF INDIA: Article 24 of the constitution speaks no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any hazardous employment. The constitution also directs that children cannot be abused or forced to work and to enter avocations unsuited to their age or strength [Article 39 (e)]. Further clause (f) of Article 39 states that children are given opportunities and facilities to develop in healthy manner and in conditions of freedom and dignity that childhood and youth are protected against exploitation and against moral and material abandonment. Article 45 (prior to 86 constitutional amendment
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Act, 2002) in its original version stipulated that the State shall provide free and compulsory education to all children below the age of 14 years within 10 years of the enactment of the constitution of India, i.e., by the 26th January 1960. A reading of these articles shall infer the following essential elements on the very definition of the term child labour and issues to be addressed for combating the problem. (i) (ii) (iii) (iv) (v) Child means who has not completed 14 years of age. Any child below 14 years is employed or working in a factory or mine or hazardous employment shall be construed as child labour. Child Labour means employment on will or forced employment or self-employment of a child unsuited to his/her age or strength. Exploitation of any kind or moral and material abandonment is considered to be abuse of a child and contravention to the principles of freedom and dignity of a child. Right to education is a fundamental right of every child and it is surely a deterrent factor to child labour.
Keeping in mind the idea of no nation can lay the foundation of democracy on the exploitation of children, the framers of the constitution had underscored the significance of protection to children rights for building a just and humanitarian society where the spirit of democracy shall be permeate into the grassroots. Article 24 of the constitution vividly prohibits the engagement of children in any hazardous employment. Nowhere in the constitution the word hazardous has been defined even in a slightest manner, of which many people think of that the silence of the constitution on the hazardous employment is itself a deficient of Article 24. Put in a true sense, the work, which is abhorrent to the health, psyche, personality and education to a child, can be connoted as employment to be hazardous for children. The founding fathers of the constitution knew that if each child was enrolled in school, the concept of child labour could be removed from work force. This farsighted vision was clearly reflected in Article 45 of the constitution which itself spoke the urgency of making sure that every child should be in schools within 10 years of the commencement of constitution. CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986: Considering the Indian situation of children engaged in various employment and work, the Parliament of India enacted a law, in the name of The Child Labour (Prohibition and Regulation) Act, 1986, to prohibit engagement of children in certain employment and to regulate the conditions of work of children in certain other employments. The law defines child as a person who has not completed 14 years of age. The legal definition of child labour is different from the common understanding of child labour. The legal definition only covers certain workforce and employment sector, which are considered to be hazardous in which children cannot work. This Act prohibits engagement of below 14 years children in 13 occupations and regulates the condition of work of children in 57 processes. The Ministry of Labour and Employment, Government of India, in its gazette notification [vide no-S.O.1029 (E)] has added two entry in Part-A under the heading Occupations after item 13 in Child Labour Act, viz, (14) Employment of Children as domestic workers or servants: (15) Employment of Children in dhabas (road side eateries), restaurants, hotels, motels, teashops, resorts, spas or other recreational centres. This decision of the government has been taken on the recommendation of the technical advisory committee on child labour, who opined to ban on employing children below 14 years in these occupations in taking things granted that these children are subjected to physical violence and are more vulnerable to sexual abuse or exploitation in as much as they come in contact with all kinds of people. To comprehend, the Child Labour (Prohibition and Regulation), Act has taken care of prohibiting the children below 14 years of age in 15 occupations as they are treated to be hazardous work.
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LEGISLATION REGARDING PROTECTION TO CHILD LABOUR: Apart from the constitutional provision prohibiting the employment of child labour and the enactment of the Child Labour (Prohibition and Regulation) Act, 1986, a number of legislation have also been enacted in different point of time for the employment of children in certain occupations. The Employment of Children Act, 1938, The Factories Act, 1948, The Plantation Labour Act, 1951, The Mines Act, 1952, The Apprentices Act, 1961, The Motor Transport Workers Act, 1961, The Beedi and Cigar Workers (Condition of Employment) Act, 1966.
Box-9.1 Laws regarding Child Labour in India: Statutory Age to be Objectives of the Act considered as Children 15 Years Prohibits employment of children in certain hazardous occupations below 15 years and prohibits night employment of those under 17 years of age. 14 Years Prohibits employment of a child below 14 years in a factory. Regulates employment and restricts night employment of children between 15 and 18 years. 12 Years Prohibits employment of children below 12 years in a plantation. Permits them to work if they are certified as fit person with a working week of not more than 40 ours. 15 Years Prohibits employment of children below 15 years in mines. Regulates the conditions for underground work to those children who have completed 16 years of age and obtain certificate of physical fitness from a surgeon. 14 Years Prohibits the apprenticeship of a person less than 14 years. 14 Years Prohibits children below 14 years of age to be employed in any capacity in motor transport undertaking. 14 Years Prohibits the employment of children under-14 years of age in the beedi or cigar industry. Women and those under 18 years are prohibited from working as night.
Sl. No. 1 2 3
Act The Employment Children Act, 1938. The Factories 1948. of Act,
The Plantation Labour Act, 1951. The Mines Act, 1952.
5 6 7
The Apprentices Act, 1961. The Motor Transport Workers Act, 1961. The Beedi and Cigar Workers (Condition of Employment) Act, 1966.
CONVENTION ON THE RIGHTS OF THE CHILD: There is no ambiguity that children in India are employed in every form of work and are subjected to exploitation, despite the clear-cut protection spelt out in the constitution. Occurrences and incidences of children employed in hazardous works have been stepping up. Poverty is the root cause of child labour and without the contribution of child to family income the poor family would succumb to death, has been perpetuating the occurrence of child labour. While the problem stood this, the questions need to be asked, (i) can a civilised State afford to use her children in drudgery works? (ii) can children be allowed to work at the cost of their education and health? These questions are a subject of discussions in all countries. The United Nations Convention on the Rights of the Child in its Article 32 has, most probably, given an appropriate response. At the hindsight, the convention recognises the safeguards and care with appropriate legal protection to the children for the full and harmonious development of his or her personality. The Article 32 of the CRC reads as follows: 1 States Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the childs education, or to be harmful to the childs health or physical, mental, spiritual, moral or social development.
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2.
States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant
provisions of other international instruments, States Parties shall in particular; a) Provide for a minimum age or minimum ages for admissions to employment; b) Provide for appropriate regulation of the hours and conditions of employment; c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
The convention has underlined a comprehensive provision for the protection of child against any sort employment, which is harmful to childs health or social development and more important that what interfere with the education of the child. The relevant provisions of the convention on protection of children from economic exploitation or employment and right to education is closely associated with each other, of what has been clearly missing in the constitution of India in its article 21 (a) and 24 which deals with right to education and prohibition of child labour. What is implied from the convention that child labour is a contravention to right to education and both cannot exist. CHILD LABOUR: A PROBLEM IN DEFINITION: The problem of child labour is a widely Judicial Verdict talked subject. But the talk is not working in right direction in as much as the ambiguity in 1. Birth of a child: Described by Honble Justice P.N. Bhawagati, Pioneer of Judicial Activism and the theory the definition of the term child labour. The of Public Interest Litigation. problem lies not only little with age, but more than enough with nature of occupations and A Child is born. It is soul with a being, a nature and a kind of employment. As a result it has been capacity of its own, who must be helped to find them, to a matter of controversy to treat whom as grow into their maturity, into a fullness of physical and vital energy and the utmost breadth, death and height of its child labour. The government of India bases emotional, intellectual and spiritual being. its statistics of child labour on the definitions used in the Census and sample survey. 2. Observation on the life of a child by Honble Work, Census enumeration report, is Supreme Court of India in the leading case of Bandhua defined as participation in any economically Mukti Morcha Vs. Union of India and others (W.P.(C) No-12125 of 1984 under Article 32 of the Constitution of productive activity. Such participation may India). be physical or mental in nature. (Census of India 1991; Part-IVA A-C Series; Socio A child of today cannot develop to be a responsible and Cultural Tables). The Census provides productive members of tomorrows society unless an statistics on workforce in two broad environment which is conducive to his social and physical health is assured to him. Every nation, developed or categories, i.e., main workers and marginal developing, links its future with the status of the child. workers. It also lay down that main workers Childhood holds the potential and also sets the limit to the are those who have worked for a major future development of the society. Children are the greatest period of the preceding enumeration. gift to humanity. Children signify eternal optimism in the Marginal worker includes those who have human being and always provide the potential for human worked at any time in the year of preceding development. Neglecting children means loss to the society enumeration but have worked for the major as a whole. If children are deprived of their childhoodpart of that year. The statistics regarding to socially, economically, physically and mentally the nation this is available from the census table on gets deprived of potential human resources for social Main Worker and Marginal Workers by progress, economic empowerment and peace and order, social stability and good citizenry. educational level, main activity, age and sex. The enumerators are instructed to pen down those as workers, as on the principles laid down in the census. As a result of definition many household activities performed by women and children not pertaining to economically productive activities are excluded from census enumeration. This is the deficiency in the census operation for which a comprehensive picture of child labour, employed either in household activities or working as domestic servant and employed in informal sectors, is not available for ready reference.
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A similar sort of view on the definition of child labour is also reflected in a study report (2001) on women and child labour. This report, developed by National Commission on Labour, refers that child labour as work done outside their home/family for a minimal wage. The conditions in which they work are detrimental to their well being and safety. This definition implies that the work done by the children within their home/family, even it is being exploitative, does not come under the rubric of Child Labour. This report has, perhaps, made difference between child labour and child work. While child labour is associated in employment with possibility of exploitation; child work shall have positive contribution to the development of the child. Work, which does not interfere with child education or detriment to child health, cannot be construed as child labour. In other words, if work is properly structured for the development of child body and mind, is not to be bracketed in the category of child labour. On the contrary, child labour is work, which impairs the health and development of a child. The social activists and NGOs, of late, have provided another dimension to the definition of child labour. The focus of their attention is based on two principles, (i) problem with article 24 and 21 (a) of the constitution and the unwarranted difference between occupations and processes in child labour Act, 1986 and (ii) elimination of child labour through universalization of elementary education. As regards to first, article 24 prohibits employment of children in hazardous occupations, thereby leaving enough scope to the employment of the children in non-hazardous or occupations apart from hazardous one. Article 21 (a) expects every child between 6-14 years of age to be in schools. The two corresponding articles relating to child protection and child development seem to be contradictory to each other. The pertinent question is if children are permitted to work in any occupation other than hazardous, how can they go to school to avail of themselves the right to education. The combination of education with work and learning with earning is a myth. Child Labour is a biggest impediment to the fundamental right of education and both cannot exist. The child labour (Prohibition and Regulation) Act of 1986 has not served the purpose of its own for the simply reason of that it has targeted some working children and forgotten many others and there by taking the view that, the children from poor families to be in work and out of schools, as granted. Even after the enactment of the 86th amendment to the constitution of India in 2003, making education as a fundamental right, there has been no attempt to make change in the child labour Act in order to make it conformed to the text of the amendment. They felt that the inaccuracy of the concept could have diluted the problem of child labour. According to the new definition given by the social activists and NGOs is that child labour includes child in work as well as out of schools children. As considered to be a social engineering approach, they have not only identified the problem, but also focused on the issues to be addressed in order to drive out the child labour. They view that elimination of child labour and universalisation of elementary education are in- separable process and the entire strategy should be based on the norm that no child should work and all children should be in the schools. To sum up it, if each child is enrolled in school then one potential child worker shall be removed from workforce. Thus the best way to define child labour is that any work, perform by a child or interfere with his/her physical and mental development or cause any damage to his /her health; and deprive his/her right to education.
STATISTICS ON CHILD LABOUR IN ORISSA:

What has been accepted and needs to be reckoned that the total number of child workers is always a matter of debate. An exact estimate of magnitude of child labour in Orissa is difficult to be made because of method of estimation and source of data. Add to this woe, the estimation on the incidences of child labour vary in one report with another, conducted at different point of time. As per a sample child labour survey conducted for Orissa in 1987, the total number of child labour registered in the State was about 7 lakhs. In conformity with the direction of Honble Supreme Court of India, a special survey was made by the labour department to assess the incidence of children employed in hazardous and non-hazardous occupations. The estimation made in the survey report indicates the children employed in both hazardous and non-hazardous occupations were numbered 215222. The girl child labour accounted to be 43.53% of total child workforce, as identified in the report. Based on the periodic survey on employment and unemployment situation in India conducted by National Sample Survey Organisation (NSSO), it is found that 9.6 lakh children were working in different sectors of employment. The incidence of child labour in rural areas was estimated to be 9.4 lakh. The survey of District Primary Education Programme (DPEP), estimated that 21 lakh children were
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out of schools in Orissa for the academic year of 19992000. On principles, those children could be considered as child labour. Another estimation made by SSA indicates that, as on 31st December2003, the total number of out of schools children were 8.09 lakh. The magnitude of child labour engaged in hazardous and non-hazardous employment is available from the official statistics of State Labour Institute, Orissa. As per the survey, it is estimated that the incidences of children employed in hazardous and non-hazardous occupations were numbered 277071.However; this survey had covered only 12 districts of Orissa.
Table-9.2 Year-Wise Mapping of Child Labour in Orissa
Year 1987 1991 1997 Statistics on Child Labour 7.0 lakh 4,52,394 2,15,222 Mapping Organisation Sample Child Labour Survey Report-1987. This survey was undertaken as preclude to the implementations of National Child Labour Project (NCLP). However, this survey did not cover the hazardous and non-hazardous occupations in all 30 districts of Orissa. Census of India 1991. Labour Statistics in Orissa-2003; Labour Commissioner. This Survey was conducted on the direction of Honble Supreme Court of India. Among the total child labour identified, the children employed in hazardous occupations were numbered 23761 and children employed in nonhazardous sectors were 191461. National Sample Survey Organisation (NSSO), Report No-458 (1999-2000). Out of total incidence of Child Labour in Orissa, 9.4 lakhs children were from rural areas and 0.2 lakhs from urban areas. District Primary Education Programme (DPEP). The figure included all the children who were out of schools. Census of India 2001 (Table B-9 and B-11, Main Worker and Marginal Workers by educational level, main activity, age and sex). This estimation was made by Sarva Sikshya Abhijana (SSA). All the out of schools children were subsumed as working children. District-wise Child Labour Survey Report of State Labour Institute, Orissa Bhubaneswar. This survey was undertaken in 12 districts of Orissa and they include, Balasore, Baragarh, Gajpati, Jharasuguda, Kalahandi, Koraput, Malkanagiri, Mayurbhanj, Nuapada, Rayagada, Sambalpur and Subaranpur. Among the child labour identified, 140848 numbers of children are employed in hazardous occupations, 136223 numbers of children are working in semi-hazardous occupations and children engaged in non-hazardous works are numbered 277071. Child Census Report-2006, Orissa Primary Education Programme Authority (OPEPA). The figure covers out of schools children and never enrolled children in the age group of 6-14 years.
2000
9.6 lakhs 21.0 lakh
2001 2003 2005
3,77,594 8.09 lakhs 2,77,071
2005
6,03,290
ASSESSMENT ON CHILD LABOUR IN THE CENSUS REPORT:

Figure-9.1
Census is the major source of information on the workforce in a State and also provides a comparable data on distribution of workers by sex, age, residence and activity. The statistics on child labour shall be deduced from the census table on marginal workers and main workers by age, sex and activity.
Distributions of Child Workers and Workers of 15+ Age group in Orissa (Census 2001)
2.72
Workers (15+ Age groups) Child Workers
97.28
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The 1991 census recorded the number of workers to be 11,882,762 in Orissa, while 2001 census recorded the number of workers to be 14,276,488. In 1991, out of the total workforce in the State, main workers constituted 10,377,635 and marginal workers were 1,505,127. As per 2001 census, the main workers constitute 9,589,269 (26.05 percentage to total population) while marginal workers are 4,687,219 (12.74 percentage to total population).
Table- 9.3 District Wise Child Workers Engaged in Main and Marginal Activities in Orissa Sl. No.
Orissa/District
Main Workers
Total Workforce engaged in Main Activities 5-14 Years aged group Child Main Workers 4 3276 3510 3551 2253 4646 1187 4025 585 1917 6730 12568 1159 1430 1137 6527 2219 993 3046 4078 6472 3607 8273 6248 1707 1467 1691 5029 4144 1365 4924 109,760 % of Child Main Workers to total Main Workers 5 1.09% 0.72% 0.92% 0.74% 1.32% 1.12% 0.66% 0.83% 0.73% 3.73% 1.53% 0.46% 0.41% 0.85% 1.70% 1.25% 0.33% 0.77% 0.84% 1.83% 2.33% 1.33% 2.35% 0.82% 4.64% 0.45% 2.01% 1.46% 0.07% 1.02% 1.14% Total Workforce engaged in Marginal activities 6 154518 161788 208820 83549 208061 64967 180151 56412 94638 95,542 486,206 82247 99197 56445 238,900 130081 94731 226066 94816 217068 93445 409340 242,595 82377 112799 77059 149,275 139,172 88285 258669 4,687,219
Marginal Workers
5-14 Years aged group Child Marginal Workers 7 7,121 6180 8166 3143 10596 2792 7332 7515 3362 16,912 26,379 1289 1812 1774 16,958 9684 5278 28937 2496 17538 9920 24721 23,517 3206 6575 1390 11,953 7,224 3660 14483 267,834 % of child Marginal Workers to total Marginal Workers 8 4.60% 3.82% 3.91% 3.76% 5.09% 4.29% 4.07% 13.3% 3.55% 17.7% 5.42% 1.56% 1.82% 3.14% 7.09% 7.45% 5.57% 12.8% 2.63% 8.07% 10.61% 6.03% 9.69 3.89% 5.82% 1.80% 8.00% 5.19% 4.14% 5.59% 5.71% Orissa/District
1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
2 Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsingpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanja Nabarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Subaranpur Sundargarh ORISSA
3 299052 483345 384710 301570 351689 105794 613883 69848 261875 179992 819726 247728 347328 133148 382050 176128 293565 395160 480247 353367 154179 618457 264800 205676 131561 373481 249909 282174 148695 480134 9,589,269
9 Angul Balasore Baragarh Bhadrak Bolangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsingpur Jajapur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhaja Nabarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Subaranpur Sundargarh
Source: Census-2001:
(i) Table-B-9 Main Workers in Orissa by Education level, Age and Sex (ii)Table-B-11 Marginal Workers in Orissa by Main Activity, Age and Sex
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According to the 1991 Census, the estimated figure of working children was 4,52,394 in the State of Orissa. The census 2001 has recorded that the working children in Orissa were numbered 3,77,594. This statistics covered children employed in main activities and marginal activities. As recorded in the Census-2001 the level of child labour engaged in main activities varies from 4.64 in Nuapada district to 0.07 percent in Subaranpur district. The high incidence of children working in main activities is visible in the district of Gajpati, Malkanagiri, Raygada, Koraput and Nawarangpur. Similarly, the level of children engaged in marginal workers is higher in the district of Deogarh, Gajpati, Kalhandi, Khandmal, Kendrapara, Koraput, Malkanagiri, Nawarangpur, Raygada and Balangir.
Table-9.4
An Analysis of Child Labour situation in Orissa

S N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 District Angul Balasore Baragarh Bhadrak Balangir Boudh Cuttack Deogarh Dhenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kendrapada Keonjhar Kandhamal Khurda Koraput Malkangiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Raygada Sambalpur Subaranpur Sundargarh Total Child Labour (1997 Survey) Hazardous NonTotal Hazardous 2775 252 3027 437 11582 12019 109 1979 2088 10 5387 5397 1704 10571 12275 29 6371 6400 1531 5896 7427 428 4482 4910 33 1869 1902 2028 8197 10225 860 1012 1872 8 404 412 37 2020 2057 1815 4869 6684 0 14710 14710 177 6062 6239 113 4067 4180 0 6456 6456 69 1797 1866 234 13324 13558 2073 8217 10290 1074 20681 21755 1167 31517 32684 137 2109 2246 997 1220 2217 25 912 937 2 12240 12242 4811 828 5339 1015 1622 2637 63 23761 808 191461 871 215222 Child Workers (2001 Census) Main Workers Marginal Total Workers Workers 3276 7121 10397 3510 6180 20087 3551 8166 11717 2253 3143 5396 4646 10596 15242 1187 2792 3979 4025 7332 11357 585 7515 8100 1917 3362 5279 6730 16912 23642 12568 26379 38947 1159 1289 2448 1430 1812 3242 1137 1774 2911 6527 16958 23485 993 5278 6271 3046 28937 31983 2219 9684 11903 4078 2496 6574 6472 17538 24010 3607 9920 13527 8273 24721 32994 6248 23517 29765 1707 3206 4913 1467 6575 8042 1691 1390 3081 5029 11953 16982 4144 7224 11368 1365 3660 5025 4924 109760 14483 267834 19407 377594 Child Labour (2005 Survey) Hazardous NonTotal Hazardous N.A N.A N.A 3956 13581 17537 4458 15564 20022 N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A 8625 15038 23663 N.A N.A N.A N.A N.A N.A N.A N.A N.A 2132 5913 8045 9313 32338 41651 N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A N.A 4418 27373 31791 4045 14352 18397 14584 28170 32754 N.A N.A N.A N.A N.A N.A 3179 13841 17020 N.A N.A N.A 4488 32034 36522 6724 10647 17371 965 11333 12298 N.A 56887 N.A 220184 N.A 277071
Source: i) Census of India, 1991 and 2001 (Main Worker and Marginal Workers by Main Activity, Age and Sex) ii) Child Labour Survey Report of State Labour Institute, Bhubaneswar, Orissa.
Whatever the statistics available on child labour shows only a trend, but this no way Table-9.5 Number of Child Workers and Percentage of reflecting the constituting proportion of Child Workers to total Child Population in Orissa children in workforce. No official data are Indicator Census-1991 Census 2001 available on the children working day & night Total Child Population in the 7704761 8634215 out side of the family homes and toiling as Age Group of 5-14 Years. domestic child labourers. They are all Child Labour (5-14 Years) 452394 377594 exploited, exposed to hazardous work and engaged in Marginal and Main Working Activities. grossly abused because working Percentage of Child Labour to 5.9% 4.7% arrangement is informal and social protection total Child Population of 5-14 is almost non-existent. Child Domestic Years Age. Labour is a complete waste of human talent and potential; ultimately gross violation of human rights. The latest addition of child domestic labour in prohibited section of child labour (Prohibition and Regulation) Act 1986 is a welcome step of the government of India.
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OUT OF SCHOOL CHILDREN:

The definition of child labour, which clubbed children who are not going to schools, either in the category of never enrolled children or dropout children with child labour, reflects the paradigm of shift from need based approach to right based approach for development, considering the fact that out of schools means child is employed some where which is itself a denial to the child fundamental right of education. According to the child census report of Orissa Primary Education Programme Authority, in Orissa, there are 603290 numbers of 6-14 years age group children are out of schools. The never enrolled children are numbered 339958.
Figure-9.2
Enrolled, Never Enrolled and Out of School Children in Orissa for the Year 2005
3000000 2500000 2000000 1500000 1000000 500000 0
2608217 2878131 310915 Girls 180761 292375 Boys 159197 Enrolled Never Enrolled Out of School
Boys Girls
The calculation of enrolment, retention and dropout, in general opinion, is somewhat doubtful because the teachers themselves in the schools collect the information. This estimation might not reflect the reality due to bias of teachers either for compulsion to save their skins by reporting one kind of thing against another or by deliberation. Denying all the facts and fictions, if one accepts calculation and computation of the government report he can smell the ominous sign of child labour. The children who have dropped out of schools inevitably join the labour force at the lowest level. The report of school and mass education department of Orissa government gives an impression that the rate of dropout in primary schools is 32.09% and 49.1% in upper primary schools for the year 2004-2005. If odd of 32 children are dropped in every 100 students in a gap of 5 years, the enormity of the situations itself speaks the volume of the problem. The children who have dropped from schools after completing 4 years schooling are literally constitute a group of functional illiterate. The male children dropped from the schools are employed in agriculture and allied activities. The girls are usually involved in house work, and some parents prefer to get them marry at early stage.
POLICIES FOR ELIMINATING CHILD LABOUR:

As a part of the programme of government of India, the National Child Labour Policy was adopted in 1987 with view to plan out the strategy for strict and effective implementation of Child Labour Act, 1986 and to focus on general welfare and developmental programmes on child labour. In pursuance to this policy, Ministry of Labour has been implementing since 1988 a scheme of National Child Labour Projects (NCLPs) for the rehabilitation of child labour. The major activity undertaken under NCLP is the establishment of special schools, which provide a package of welfare measures, including non-formal education, stipend, supplementary nutrition and health care to children withdrawn from employment. In 1994, a new programme for elimination of child labour working in hazardous occupations was initiated, increasing the ambit of NCLP. In Orissa 18 number of child labour projects are in operation in 18 districts to rehabilitate and eliminate child labour from hazardous occupations.
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Sl No 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Name of NCLP District 2 Angul Balasore Baragarh Bolangir` Cuttack Deogarh Gajpati Ganjam Jharsuguda Kalahandi Koraput Malkanagiri Mayurbhanj Nawarangpur Nuapada Rayagada Sambalpur Sonepur Total Year of Establishmen t 3 1995-96 1999-00 1995-96 1995-96 1999-00 1995-96 1995-96 1995-96 1995-96 1995-96 1995-96 1995-96 1995-96 1995-96 1995-96 1995-96 1994-95 1995-96 Number of Special Schools Sanctioned Functioning 4 40 40 40 40 40 40 60 35 55 50 20 40 40 40 20 40 70 40 750 5 40 33 14 31 40 60 31 55 50 40 20 40 49 40 543 Number of Children To be Actually Enrolled Enrolled 6 7 2000 1740 2000 1650 2000 2000 700 2000 1550 2000 2000 3000 3000 2000 1650 2750 2005 2500 2500 1000 2000 2000 2000 2000 1000 1000 2000 2000 3500 2450 2000 1981 37750 26226 Number of Children Mainstreaming to Formal Schools. 8 3111 2366 1667 2551 1657 3507 5263 2703 1391 4037 1906 3921 3720 2725 2296 3165 5300 2509 53795
JUDICIAL INTERVENTION ON CHILD LABOUR:

The Supreme Court of India, in case of M.C. Mehta Vs. State of Tamil Nadu and others, has shown the judicial activism for drive out the child labour. The judgement directed Union and State governments to identify all children working in hazardous processes and occupations, to withdraw them from work, and to provide them with quality education. The court also directed that Child Labour Rehabilitation cum-Welfare Fund be set up using contribution from employers who contravene the Child Labour (Prohibition and Regulation) Act, 1986 (Citation AIR, 1997; S.C., 699).
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CHAPTER-X
CHILD WELFARE
A Ray of Hope
The constitution of India has underscored the importance of special legislation, policies and programmes for the development of children. This is reflected in a very clear tone in the article 15 (3) of the constitution. This clause is an exception to article 15 (1), which speaks of non-discrimination of State against any citizen. The makers of the constitution felt the urgency to incorporate an exception of empowering the State to make special provision for women and children in contrary to the general rule of non-discrimination. This is mainly concerned with exploration of children, in future, as social actors. Article 21 (a) stipulates the fundamental right of every child to education. The constitution has also taken care of protection of children against exploitation to a considerable point, which has been evident in article 24 that speak of the prohibition of below 14 years children for employment in any hazardous occupation. This scheme of things purports to secure two key rights of children right to protection and right to development to many they need to be inseparated for exploring the unfold capacities of a child. Article 39 (e) directs the State to make policy for the welfare of the children and to ensure that tender age of children shall not be abused. In corresponding to article 21 right to live with dignity article 39 (f) stipulates that children should be 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. Article 45 aims to provide early childhood care and education for all 0-6 years aged children. The aim and objectives of the directive principles of state policy to make India as a Welfare State and to realise the ideal of socioeconomic justice, as enshrined in the preamble. Child welfare covers the entire spectrum of services for children in need of help, care and protection. CHILD WELFARE PROGRAMMES: I. Integrated Child Development Scheme (ICDS): The ICDS is being implemented in India from 1975. The scheme offers a package of health care services covering supplementary nutrition, immunisation, pre-school education, health check up, referral services and health education to children within the age group of 0-6 years. ICDS also extend services to pregnant women and lactating mothers. Today, the ICDS has a network of over 4200 projects covering merely 75% of the Community Developmental Blocks nationally. It reaches 4.8 million expectant and lactating mothers and almost 23 million children. In Orissa, the Department of Women and Child Development (DWCD) administer the programme. At present, ICDS is being carried on in all 30 districts of the State, through 326 ICDS Projects covering 34248 AWCs and more than 3 million beneficiary including children and women. II. Supplementary Nutrition Programme: The scheme aims at providing nutritious supplementary food to children in the age groups of 0-3 years and 3-6 years and to pregnant and lactating women. SNP is an important component of ICDS. At present, the SNP is being carried on in all 30 districts of the State covering more than 3 million beneficiaries. Beneficiaries include about 1.5 million children in the 0-3 age group, 1.15 million children in the 3-6 pre-school age group and 0.5 million pregnant and nursing mothers. Special Nutrition Programme: Against the background of high incidence of infant mortality rate and under 3 mortality rates in general and in KBK regions, in particular, the special nutrition programme has been launched in KBK districts to address the problem of malnutrition. This programme aims at providing nutritional support to all under three children in the KBK region who are in need of supplementary nutrition and bring the children into the Nutritional Support Net who is left out from SNP fold under ICDS norms.
III.
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IV.
Nutrition Programme for Adolescent Girls: This is the revised name of the pilot project National Nutrition Mission (NNM), which has been in operation in the district of Koraput and Kalahandi. Under this programme, adolescent girl whose body weight is less than 35 kg. and pregnant and lactating mother whose body weight is less than 40 kg. is provided 6 K.G of rice free of cost. Maintenance of Orphan and Destitute Children: This scheme is administered by DWCD, Orissa, and aiming of providing basic services like food, shelter, clothing, medical attention, general education, vocational training and guardians to orphan children. The NGOs and Orissa State Council for Child Welfare (OSCCW) are implementing this scheme with 90% financial assistance from the State Government. At present, 85 orphanages (Balashrams) are functioning in 28 districts, except Deogarh and Malkanagiri, of the State. Out of these 85 orphanages, the bulk of 79 are managed by the NGOs/Voluntary Organisations, while 6 are managed by OSCCW. An organisation maintaining the orphan and destitute children gets financial support by way of maintenance grant @ of Rs. 500/- per month per child. Under the scheme 3738 inmates are being maintained in these 85 orphanages. State Government has taken two new initiatives for the protection of orphan children. In order to provide qualitative educational facilities to the inmates of orphanage, the management are instructed to engage tutors in the orphanage for solving the problem of providing quality education. The second initiative is concerned with the welfare of children who where residing with their mothers inside the jail or short stay home. The children are provided with financial assistance of Rs. 250/- per month through near by orphanage of the district.
V.
VI.
Care and Protection of Street Children: The scheme for the welfare of street children aims at providing integrated Community based non-institutional basic services for the care, protection and development of street children. The focus of integrated programme for street children is to protect children from destitution and facilitate their withdrawal from life on the streets. The target group are children without homes and family support, who are driven to the streets and especially vulnerable to abuse and exploitation. The Ruchika Social Service a NGO is implementing the scheme in 6 centres at Bhubaneswar with the assistance from Government of India and is monitored by the State Government. Rehabilitation of Neglected Delinquent Juveniles: This is a programme for juvenile justice and is also Centrally Sponsored Plan Scheme. This is being implemented in Orissa by the DWCD as per the juvenile justice (Care and Protection of Children) Act, 2000 which came into force with effect from 30th December 2000. Under this scheme, neglected and delinquent juveniles irrespective of caste, creed and religion are admitted, maintained and corrected in the observation homes. There are 15 observation homes in the State of which, 3 are maintained by the government and remaining 12 by NGOs. According to the Juvenile Justice (Care and Protection of Children) Act, 2000, the Government of Orissa has certified 12 child-care institutions as Childrens Home.
VII.
Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12
Name of the Childrens Home Servants Society of Indian
Address Choudwar, Cuttack Khandagiri, Khurda Satyabhamapur, Cuttack Balasore Sakha, Balasore Kabisuryanagar, Ganjam Berhampur, Ganjam Limameda, Raygada Gunpur,
Satya Sai Seva Sangha Kasturaba Gandhi National Memorial Trust Utkal Balashram Banadevi Sevasadan Utkal Balashram Balniketan Banabasi Vidya Sabha Banabasi Seva Samiti Kasturaba Gandhi Matru Niketan Maharshi Balashram Prachina Vidysadha Dayananda Bhartiya
Rourkela, Sundargarh Baliguda, Kandhamal Paikamal, Bargarh Joranda, Dhenkanal Nuapada.
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These homes are meant for the children who are in need of care and protection during the pendency of enquiry for care, treatment, education, training and development of child until further rehabilitation. Out of 12 childrens homes, two are exclusively meant for girl. VIII. Mid-Day-Meal Programme: In order to increase enrolment and reduce the number of dropout in primary schools and improving the nutritional status of children, Mid-Day-Meal Programme was introducing in the State in July 1995. Under this scheme, noon meal is provided to primary school children (Class-1 to Class-V) for 210 working days in a year. From July 2001, cooked food is being provided to the primary schools children in 80 Blocks in 8 districts of KBK region and 74 Blocks in non-KBK districts. Cooked meal system under MDM programme was also extended to primary school children in 3 Blocks of Boudh district with effect from 1st April 2002. In consequence to the direction of Honble Supreme Court on 20.04.2004 in WP (C) 196/2001, for providing cooked meal to all schools with effect from 01.09.2004, the cooked meal is being provided to all students all over the State, since 1st Sept.2004. Balika Samriddhi Yojana (BSY): This is a 100% Central assistance scheme and has been in implementation since 15th August 1997. This scheme covers girl children in BPL families born on or after 15.08.1997 by giving a post birth grant amounting to Rs. 500/- which is put into a passbook account held jointly by the CDPO and the childs mother. This benefit is a restricted to two girl children only in is household irrespective of the total number of children in the household. The girl child covered under this scheme will become entitled to get annual scholarship from class-I to class-X. The objective of this scheme is to change the negative attitude of family towards girl child at birth as well as to improve enrolment and retention of girl children in schools. Kishori Shakti Yojana (KSY): This is a special scheme under ICDS and it is meant for the adolescent girls in the age group of 11-18. The aim of this scheme is at correcting gender disadvantages and providing a supportive environment for the development of adolescent girls. Under this scheme the girls are provided with iron supplementation and deworming tablets through AWCs to improve their nutritional status and health status and for control of anaemia, which is highly prevalent in the State among the girls in this age group. This programme is now in implementation in all 316-project areas of ICDS.
IX.
X.
WELFARE OF CHILDREN WITH DISABILITIES: The support of the State is of great importance to bail it out the conditions of disabled person and this has been recognised in the constitution of India under directive principles of State policy. Article 41 of the constitution speaks of public assistance in case of disablement. The UN Convention on the Rights of the Child recognises the right of disabled children to special care, education and training in order to enjoy a full decent life in dignity and achieve the greatest degree of self-reliance and social integration. The 1974s National Policy and Children called out the provision of special treatment, education and rehabilitation of children suffering from of disabilities. The National Charter for Children 2003 ensures the responsibilities of the State and Community to provide education, training, health care, and rehabilitation to the children with disability. And State shall launch preventive programmes against disabilities and early detections of disability. The Juvenile Justice (Care and Protection of Children) Act, 2000, covers the disabled children in the section of definition of child in need of care and protection. In the mid 90s the government of India did recognise the rights of the persons with disability and as a result of which a comprehensive legislation, namely, The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was enacted and enforced in Feb.1996. The law deals with both prevention and promotion aspects of the rehabilitation such as education, employment and vocational training, creation of barrier-free environment, provision of rehabilitation services for persons with disabilities, institutional services and supportive social security measures like unemployment allowance and grievance redressal machinery both at the Central and State-Level. Section-26 of the Act speaks about the education of disabled children up to the age of 18 years. Access to education, appropriate environment and useful education are the three key principles on which State shall direct her policy for the education of the disabled children.
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VITAL STATISTICS OF DISABILITY IN ORISSA: Disabled Children come under Table-10.1 the purview of child welfare Persons with Disability & Children with Disability in Orissa programmes. However, there Disability by Persons with Disability Children with Disability was no systematic and precise Type information available on the Person Male Female Person Male Female prevalence, degree and kind of In Seeing 514104 274151 239953 176944 92023 84921 disability. The Census In Speech 68673 37625 31048 33947 18684 15263 enumeration of 2001 has, for In Hearing 84115 45701 38414 18939 10557 8381 the first time, collected data on disabilities. The Census has In Movement 250851 153077 97774 75864 45074 30790 broadly classified disability into Mental 103592 58360 45232 30766 17749 13107 five types, such as incapability Total 1021335 568914 452421 336459 184087 152372 in (i) vision, (ii) speech, (iii) Source: Census 2001; Table C-20, Disabled Population by type of Disability, Age and hearing, (iv) movements and (v) Sex; Census Directorate, Orissa, Bhubaneswar. mental. According to the report of Census-2001, there are 10.21 lakh persons with disabilities, which constitute 2.78 percent of population. It is also fund from the Census2001, that children aged between 0-18 years suffering from either type of disabilities are numbered 3.36 lakh, which, constitute 32.9 percent of total disabled persons in Orissa.
Figure-10.1
Prevalence rates of different types of disabilities among children show Percentage Distribution of Children Suffering wide variation. Recognising the with Disability by Type report of Census2001, it is computed that about 52% of children with disabilities are disabled in vision, 10% are disabled in In Seeing 9% speech, and 6% are impaired in In Speech hearing, 23% are incapable in 23% In Hearing movement and 9% of disabled 52% children are either mentally retarded In M ovement 6% or mentally ill. The proportion of M ental 10% visual and auditory disabilities among disabled children is significantly higher in the State of Orissa in comparison to that of national level. The identified causes for high proportion of visual and hearing impaired could be due to (i) lack of adequate immunisations to children for preventive diseases and more particularly poor supplementation of vitaminA whose deficiency causes low vision or blindness among children, (ii) nutritional deficiency, (iii) inadequate health care facilities and (iv) infection in early childhood.
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Figure-10.2 Commensurate with the bulk of the population living in rural Orissa, it is Ratio of Children w ith Disability to 1000 Children in 0-14 Yrs. Age Group. understandable that the incidence of disabilities is supposed to be more in rural areas. Among the total disabled 25 21 19 children, the children with disabilities 20 in rural areas are numbered 2.86 15 Rural lakh, which accounts 85 percent of all 10 Urban type of disabilities in children. Based 5 on the statistics available from the 0 table on disabled population by type Rural Urban of disability, age and sex, it is Rural-Urban calculated that 19 children in rural Orissa suffer from either type of disability in every 1000 child population of 0-14 years age. Similarly the ratio of children with disabilities is 21 per 1000 children in the same age group in urban Orissa. This kind of situation is very peculiar in Orissa. WELFARE PROGRAMMES FOR DISABLED: I) Orissa Disability Pension Scheme: This is State Governments Scheme and was introduced on Second October 1984. Under this scheme, the persons who are five year of age or above and are totally blind, orthopaedically handicapped, mentally retarded, or affected by cerebral palsy are eligible for receiving an amount of Rs. 100/- per month as pension. The coverage is subject to an income criterion of Rs. 11,000/- per annum or less.
Number per1000 Children
II) Maintenance of Physically Disabled and Mentally Retreated Children: The aims of this scheme are to provide education to disabled children viz, the blind, deaf and mentally retarded children with the help of specially trained teacher in the special school. At present, there are 49 special schools for disabled children of which 17 are for the blind, 21 for the deaf and 11 for mentally retreated children. Women and Child Development Department administer this scheme. III) Care and Protection of Children suffering from cerebral palsy/spasticism/multiple Disabibility: Under this scheme, special education and training in various skills are being imparted to spastic children and children affected by cerebral palsy or multiple disabilities. An NGO called Open Learning System is running such institution for imbibing new skills and ideas to make such category of disabled children self sufficent.
Table-10.2 District wise Incidence of Children (0-14 Yrs.) with Disability in Orissa Sl. District Number of Children No. with Disability 1 Angul 3528 2 Balasore 30564 3 Baragarh 5051 4 Bhadrak 10669 5 Bolangir 4885 6 Boudh 19836 7 Cuttack 9892 8 Deogarh 930 9 Dhenkanal 20180 10 Gajpati 4610 11 Ganjam 50295 12 Jagatsinghpur 3840 13 Jajpur 6807 14 Jharsuguda 1768 15 Kalahandi 5206 16 Kandhamal 13169 17 Kendrapara 6856 18 Keonjhar 5984 19 Khurda 7214 20 Koraput 8013 21 Malkanagiri 6671 22 Mayurbhanj 16504 23 Nawarangpur 6028 24 Nayagarh 1206 25 Nuapada 13548 26 Puri 5511 27 Rayagada 3531 28 Sambalpur 10966 29 Subranpur 1720 30 Sundargarh 5396 Total 290378
Source: Child Census 2006; Orissa Primary Education Programme Authority, Bhubaneswar.
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IV) Scholarship and Stipend to Disabled Students: Under these schemes scholarship is being awarded to the day scholars among disabled students studying in schools and colleges with a view to encouraging them to continue their studies and to bring them into the mainstream of the society. V) Early Detection and Cure of Disabilities: This scheme was introduced during 1998 1999 in the State and the aim of the scheme is to take care of prevention and detection of early childhood disability in the State. VI) Setting up of Commission for Disabled: The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 is a Central Act and is being implemented in the State. Section 60 of the Act provides for the appointment of a Commission for Persons with Disabilities in the Sate. The Commissioner cum-Secretary to Government, Women and Child Development Department has been appointed as the Commissioner for Disabilities in order to safeguard the rights and facilities made available to the PWDs under the Act.
Table-10.3 A glance of Schemes being undertaken for the Welfare of Children NAME OF THE SCHEME ADMINISTRATIVE DEPARTMENT (A) Schemes for Early Child Care and Development Balika Samriddhi Yojana (BSY) Home-Based Management of Newborn Infants National Crche Fund Scheme for Assistance to Voluntary Organizations for children of Working /Ailing Mothers Scheme for Assistance to Homes for children to promote In-Country Adoption Scheme for Assistance for the Construction of Working Women Hostel with Day Care Centre for Children Balwadi Nutrition Programme Early childhood Education Scheme Integrated Child Development Services World Bank Assisted ICDS Projects UDISHA-The National Training Component for ICDS Supplementary Nutrition under ICDS and Pradhan Mantri Gramodaya Yojana (PMGY) (B) Schemes to Promote Child Health Scheme for Holding RCH Camps Strengthening RCH outreach Services (C) Schemes for Childrens Education District Primary Education Programme Sarva Shiksha Abhiyan Education Guarantee Scheme and Alternative and Innovative Education (D) Schemes of Disabled Children Scheme of National Scholarship for Persons with Disabilities Department of Women and Child Development Ministry of Health and Family Welfare, Department of Family Welfare Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Department of Women and Child Development Ministry of Health and Family Welfare, Department of Family Welfare Ministry of Health and Family Welfare, Department of Family Welfare Department of Education Department of Education
SL. NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Ministry of Social Justice and Empowerment
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19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41
42 43 44
Scheme of Assistance to Disabled Persons for Ministry of Social Justice and Empowerment Purchase/fitting of Aids/Appliances (ADIP Scheme) National Trust for the Welfare of Pensions with Autism, Ministry of Social Justice and Empowerment Cerebral Palsy, Mental Retardation and Multiple Disabilities Scheme to Promote Voluntary Action for Persons with Disabilities (E) Schemes for Children from Scheduled Castes and OBCs Centrally sponsored scheme of coaching and allied Ministry of Social Justice and Empowerment assistance for weaker sections including Scheduled castes, other backward classes and Minority Centrally sponsored scheme of book bank for Ministry of Social Justice and Empowerment Scheduled Caste students. Scheme of Post-Matric scholarships to the students Ministry of Social Justice and Empowerment belonging to Scheduled Caste and Scheduled Tribes for studies in India. Scheme of Post-Matric Scholarships to the other Ministry of Social Justice and Empowerment backward classes for studies in India. Centrally Sponsored Scheme of Hostels for Scheduled Ministry of Social Justice and Empowerment Caste Girls and Boys. Central Sector Scheme of Upgradation of Merit of Ministry of Social Justice and Empowerment S.C/S.T students. Implementation Report in Respect of the Scheme of Ministry of Social Justice and Empowerment Upgradation of merit of S.C/ S.T Students. Scheme of Pre-Matric Scholarship for the Other Ministry of Social Justice and Empowerment Backward Classes Students. Scheme of Pre-Matric Scholarships to the children of Ministry of Social Justice and Empowerment those engaged in unclean occupation. (F) Schemes for Tribal Children Central Sector Scheme of Upgradation of Merit of Ministry of Tribal Affairs Schedule Tribe students. Centrally Sponsored Coaching and allied Assistance for Ministry of Tribal Affairs Scheme Scheduled Tribes. Scheme of Post-Matric scholarships to the students Ministry of Tribal Affairs belonging to Scheduled Tribes for studies in India Book Banks for Scheduled Tribe Students Ministry of Tribal Affairs Scheme of Educational Complex in low literacy pockets Ministry of Tribal Affairs for development of women literacy in Tribal Areas Grants under First proviso to Article 275(I) of the Ministry of Tribal Affairs constitution. Establishment of Ashram schools in tribal sub-plan Ministry of Tribal Affairs areas. Construction of girls hostel for Scheduled tribes Ministry of Tribal Affairs Construction of Boys hostels for Scheduled Tribes. (G) Schemes for Prevention and Rehabilitation of Child Labour. Scheme of national Child Labour Project. Ministry of Labour Grant-in-Aid Scheme for Financial Assistance to Ministry of Labour organization(Voluntary and Non-Governmental) for Taking up Action programmes/Projects for the benefit of child labour and women Labour. (H) Social Defense Schemes for Children Scheme of Prevention and control of Juvenile Social Ministry of Social Justice and Empowerment Maladjustment General Grant-in-aid programme for Assistance in the Ministry of Social Justice and Empowerment Field of social Defense An Integrated Programme for Street Children. Ministry of Social Justice and Empowerment
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45 46 47 48 49 50 51
Scheme of assistance to Voluntary Organisations to Combat the Trafficking children for commercial Sexual Exploitation. A Programme for Juvenile Justice (I) Schemes for Adolescents Scheme for Promotion of Adventure Promotion of National Integration Vocational Training Programme for Women Condensed Courses of Education for Women Adolescent Girls Scheme
Department of Development.
Women
and
Child
Ministry of Social Justice and Empowerment Ministry of Youth Affairs and Sports Ministry of Youth Affairs and Sports Department of Women and Development Department of Women and Development Department of Women and Development
Child Child Child
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CHAPTER-XI
ADOPTION
Need of Uniform Legislation with Right to Inheritance
Every child has a right to be brought up in a family and to be grown up in a protective and secured environment. He/She has also a right to a name, nationality and parenthood. But there are several instances where children are relinquished immediately after birth due to many reasons unwed motherhood, extreme poverty, too many girl children and orphan-hood etc. Statistics regarding orphans, abandoned children and children living in uncomfortable circumstances is not available and however, they are of plenty who needs care and protection in a family like environment. On the other hand, there are childless couples in India who wish to take orphaned, destitute and unwanted children into their lap and give them care and same privilege as they would have given to their biological children. The proportion of couples without child is way ahead in developed countries due to factors of fertility declines, the greater availability of contraceptive aids and the rise in the age of marriage, the postponement of childbirth, participation of women in workforce. Under this prevailing circumstance of demand for child by the childless couple, single men and women and the need of care and protection of abandoned children or orphaned, adoption is the most practical solution to the problem. Thus adoption is a social and legal process where a bond for love and affection is a established between child who needs parents, a home as well as a family and parents who need a child for the continuation of lineage. Adoption received formal recognition in India with the enactment of Guardian and Wards Act, 1890 (GAWA). However this act, as a name implies, was concerned with providing foster care within the scope of personal laws rather than for legalising adoption. In the early 50s of the 20th century when the concept of welfare state was started evolving in India, it was presumed to entrust the State for taking the responsibility of the orphaned, abandoned and the destitute children. During that point of time the Hindu Adoption and Maintenance Act, 1956 (HAMA) was enacted in India in which adoption has got a legal sanctity. Unfortunately the HAMA, the only codified law for adoption in India, is confined only to Hindus, which includes Jains, Buddhists and Sikhs. As a result of which, persons belonging to other religious community cannot legal adopt a child because their personal laws do not allow it. Apart from this, HAMA is flawed to a great extent. As per the provisions made in HAMA, a single woman (unmarried, widowed or divorced) can adopt a child but a married woman is not allowed to do so. She can only be the consenting partner to her husband but not the petitioner to adopt a child. In India, there is no legislation for Inter Country Adoption (ICA). However there are only rules laid down by the Supreme Court in a series of judgements, most particularly in the Laxmikant Pandey Vs. Union of India (1984). In the wake of this judgement, the Central Adoption Resource Agency (CARA) was set up by the government to implement and monitor ICA. CARA is also the nodal agency in respect of adoption in India. According to the judgement of the Supreme Court, CARA is expected to act as clearing house of information related to children available for ICA. As many as 255 foreign adoption agencies and 74 Indian placement agencies are recognised by the government of India for ICA. As per the norms established by the judgement, the Voluntary Co-ordinating Agencies (VCAs) in the States have to ensure that children are first offered for adoption in India. If this fails to happen within the stipulated time to 30 days the child can be cleared to CARA for Inter Country Adoption. There are several checks and balances to ensure that inter country adoptions are done in the best interest of child. The Supreme Court has rightly opined that as there was no legislation that dealt with adoption of a child by foreign parents, the procedures laid down by Guardian and Wards Act, 1890, should be followed. The United Nations Convention on the Rights of the Child, 1989, says that a child is a deprived of parental care is entitled to the protection and assistance of the State and it is the responsibility of the State to help in establishment forester families (Article 20). Article 21 of the Convention says that States must recognise that inter country adoptions can be recognised as an alternative means of a childs care, if the child cannot be placed in a foster or adopted family or cannot be suitably cared for in the childs country of origin. States
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must ensure that a child giving in inter country adoptions enjoys safeguards and standards equivalent to those existing in national adoption. The Convention on the Protection of Children and Co-operation In Respect of Inter Country Adoptions, 1993, lays down safeguards that contracting States must adopt while giving child in adoption to foreign parents. It says that adequate safeguards must be taken to ensure that inter country adoptions are made in the best interest of child, the fundamental rights of the child are protected, and that the child is not abducted, sold or trafficked. Being a signatory nation to United Nations Convention on the Rights of Child and the Hague Conventions on Inter Country Adoptions, 1993, India is committed to enacting appropriate adoption legislations, which are secular in letter and spirit, to providing alternative care for abandoned and orphan children. However, due to varying interpretations of permissibility of child adoption in the personal laws of non-Hindus religious communities in India, Parliament has not been to able to enact a uniform adoption law. Feeling the desirability of uniform law on adoption and realising the goal as a distant dream, the Government of India made a handful attempt to secularise adoption through the Juvenile Justice (Care and Protection of Children) Act, 2000. The JJ Act 2000 (Amended in 2006) is a compressive and secular law primarily dealing with children in conflict with law and children needs care and protection. The Act has clearly spelt out adoption as a means of social reintegration. It allows adoption of two children of the same sex and the relationship is that of adoptive parents and adopted child. But the unfortunate element is that JJ Act is unclear about the adopted childs rights to inheritance. The Juvenile Justice Act, 2000 covers a wide range of children, living in difficult or unconformable circumstances, who need care and protection. Child in need care and protection, as defined in JJ Act, includes a child who is found without any home or settled place or abode and without any ostensible means of subsistence. The Acts provides for the rehabilitation social reintegration of the children to be carried out alternatively by adoption, foster care, sponsorship and sending them to childrens homes recognised by the State as adoption agencies. Section 41 of J.J. Act, 2000 (as amended in 2006) speaks about the primary responsibility for providing care and protection to children will be with the family and adoption shall be resorted for the rehabilitation of orphaned, abandoned or surrendered children. The amended Act contains a provision that the State Government or the Central Adoption Resource Agency and the Central Government are vested with power to issue guidelines for adoption from time to time and accordingly a Court competent to it may give children in adoption. The State Government is entrusted with responsibility to recognise one or more of its institutions or voluntary organisations in each district as a specialised adoption agencies for the placement of orphan, abandoned or surrendered children for adoption. The childrens homes and the institutions, for children in need of care and protection, orphan, abandoned or surrendered children, being run either by the State government or by any voluntary organisations shall refer such children to adoption agencies in the concern district after ensuring that the children are declared free for adoption by the committee. The point of difference between the principal Act and the amended Act, 2006 is that in the former the Board was empowered to carry investigations and declare children free for adoption; while in the latter the Court is competent to do so. Unlike in the 2000 Act, the CARA and Central Government in addition to State Government shall frame and issue guidelines for adoption, as prescribed in the amended Act of 2006. This is to be reiterated that J.J. (C & P of C) Act, 2000 is neither a substitute to HAMA in regard to adoption nor to interferer with the provisions with HAMA. The J.J. Act has been considered as a secular Act for adoption although its sanction is derived from a theory of criminal text of legislation. The HAMA 1956 offers adoption only to Hindu Parents and strictly prohibits the parent to adopt a child of same sex. The J.J. Act, 2000 (as amended 2006) has given a wider context to the issue of adoption. Section 41 (6) speaks the volume of tone for adoption by rightly speaking the Court may allow a child to be given in adoption; (a) to a person irrespective of marital status, or (b) to parents adopt a child of same sex irrespective of the number of living biological sons or daughters, or (c) to childless couples. Section 42 of the Juvenile Justice Act provides for foster care until adoption. Section 41 (3) of the Act specifically gives the Board constituted under the Act powers to give children in adoption. The Board is empowered to allow a child to be adopted by single parent and by parents to adopt a child of same sex irrespective of the number of living by biological sons and daughters. In a judgement, (Hubert Pournow and Kirsten Rasmussen Vs. Indian Council of Child Welfare, 2005), a district court in Delhi held that all cases of inter country adoption would be dealt with under
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Juvenile Justice (Care and Protection of Children) Act, 2000. The court ruled that since the adoption is defined in the Juvenile Justice Act as giving permanent custody of the child and in the absence of comprehensive legislations dealing with inters country adoption; there is no need to follow the Guardian and Wards Act. Under GWA the relationship between adoptive parents and adopted child is that of guardian and ward respectively. REGULATORY AGENCIES FOR ADOPTION IN ORISSA: (I) Directorate of Social Welfare (DSW): The DSW conducts regular inspections and provide licences to those agencies that provide shelter, protection and rehabilitation facilities to abandoned or relinquished children as per norms and standard fixed by the Government of Orissa. The DSWs are under the control of Director of Social Welfare, that is a composite part of Department of Women and Child Development, Government of Orissa. The Director of Social Welfare is the head of State Adoption Cell of W & CD Department, who monitors adoption related activities. A State Level Executive Committee head by the Secretary, W & CD Department, also monitors the activities of all agencies working in the issue of adoption. (II) Child Welfare Committee and Juvenile Justice Board: As per the rules framed by the government of Orissa in 2002 in subservient to JJ Act, 2000, as on date, 28 Juvenile Justice Board and 30 Child Welfare Committee has been constituted. Child who is abandoned can be given in adoption only when the Child Welfare Committee (CDC) declares such a child to be legally free for adoption. The CWC shall declare the child legally free for adoption within the period of 6 weeks from the date of application in case children below 2 years of age and 3 months in the case of children above that age. Before declaring the child as abandoned and certifying him/her as legally free from adoption, the CWC shall institute a through enquiry by the probation officer/case workers/police. The child who is legally free for adoption shall be placed before Juvenile Justice Board. The Board shall undertake a process of enquiry, which includes interview with prospective parents, verifying the documents and scrutiny of reports. On satisfaction of the Board with perusal of record of investigation and for the best interest of child adoption can be allowed. The Board shall fix the date of birth of the child and accordingly instruction shall be communicated to appropriate authority to issue birth certificate giving the name of the child and adoptive parents. (III) Voluntary Co-ordinating Agency: SANYOGa Non-Governmental Organisation-is the only Voluntary Co-ordinating Agency (VCA) in the State to co-ordinate all adoption related activities and identify and promote adoption of children who are legally free for adoption. The VCA is also required to create awareness among the general public on the legal aspects of adoption, the guidelines of adoption and the procedure prescribed by the Government of India from time to time as per the norms of CARA. The Government of Orissa provides financial support to the VCA for this purpose. The State Council for Child Welfare is the scrutiny agency, which scrutinises and processes applications for adoption.
Figure-11.1
Adoption Statistics in Orissa: During 2003, 56 children were rehabilitated through incountry adoption and 64 through inter country adoption. In 2004, 75 in country and 49 inter country adoption have been promoted. Thus, during the two years 244 number of adoption have been promoted in the State.
Percentage of In- Country & Inter -Country Adoption in Orissafor the Year 2003 & 2004
46% 54%
In Country Adoption Inter Country Adoption
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CHAPTER-XII
VIOLENCE AGAINST CHILDREN
A Blot on Humanity
To prop the children for the future, no State shall afford to leave the children unprotected against any sort of abuse and exploitation. The right to protection is considered to be the intrinsic part to all others rights of children right to survival, right to development and right to participation. All children wherever they are- in family, in school and on the streetsrequire protection at all times. Not to dispute, the prime responsibility of the family and parents for giving protection to children against violence, abuse and exploitation. It does not mean that State has no responsibility or duty of providing protection to children. Considering the fact that the progress of the nation is dependent on the prosperity of the children, the commitment of the State should be more and dynamic. This has added extra importance to a State like India who has adhered the policy of welfare State from the very inception of the constitution of India. Recognising the vitality of protection against exploitations, the framers of Indian Constitution had shown the prudence by inserting right against exploitation in the chapter of fundamental rights, thereby sharpening the teeth of judiciary with expansive powers to bite the perpetrators or exploiters. The constitution under Article-39 (f) holds that children shall 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. India is a signatory State to the Universal declaration of Human Rights, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, which is universally applicable to all human being for the protection of human rights. The general applicability of these International Covenants infers that children are not the outsides to the purview of human rights. The commitment of the government of India for securing the rights of the children has been evident from her ratification and expression of solidarity to the United Nations Convention on the Rights of the Child. Article 34 & 35 of the CRC entrust the State parties to protect the child from all forms of exploitation and sexual abuse. It further states that the State parties shall take appropriate measure to prevent the abduction of, the sale of or the trafficking children for any purpose or in any form. Prior to the accreditation of CRC, in 1992 the laws in India for the protection of human rights in general, children in particular, have been of plenty. In consonance to International declarations or obligations, much progressive legislation have been made in a bid to protect the children from any kind of sexual exploitation or abuse. The International covenant ratified by the Union Government is equally binding on the part of the States of the Indian Union due to the cooperative federal polity, as enshrined in the constitution of India. No International treaty shall operate in a vacuum, unless the Union Parliament does not make appropriate legislations. The parliament is empowered under Article-254 of the Constitution of India to make law as regards to effective implementations of International agreement and the legislations made by this supreme law making body is binding and applicable through out the territory of India. Despite the clear manifestations of protection to children against all forms of exploitation and abuse either in constitution of India or in international documents of which India is a party, the stated objectives has not yet been realised. A glance at the newspaper of any day would bring to light the rampage of sexual abuse, exploitation etc. This has been the feature of day by life and it stems from the degradation of humanity as well as for naked failure of governance in strict implementation of the laws. Violence against children is a manifestation of the abuse of power and betrayal of trust that an adult has in relation to child. Children, being small, powerless and endangered species, need protection from all wands of society. More often than not, children in Orissa, as in rest of the country, are subjected to various forms of exploitation, abuse and inhuman treatment. There is no dispute that crimes against children is an affront to the sprits of child rights and ultimately a waste of human, social and economic potential of a society. Violence against children is a blot on humanity and the failure to protect the children against the crimes imply the sheer negligence of duty on the part of the State. Despite a plethora of laws in India to protect children, the incidence of crimes against them is on the rise.
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Of late, government of India has published a country report on violence against children. It admits it is a matter of concern to the State and society that some reports and estimates of violence indicate an increase in childrens vulnerability. These include some reports of incidents of civil disorder as well as of maltreatment arising in conflicts involving different castes, class and community groups. Children of Dalits, minority communities and girl children are especially vulnerable in such situation. . Statistics also show that even while cases reported may only be a small percentage of cases occurring, the prosecution record on reported cases is poor, and most charge-sheets do not result in conviction The low rate of convictions continues to be an issue of concern. The scenario of violence against children in family in India is quite glaring and alarming. Reports on children being physically, sexually and emotionally exploited are not unknown. A common feature of violence against children in familiar context in India reflects on incidences of infanticide and female foeticide, discrimination against girl child, child marriage, and incest and corporal punishment. (Excerpt from The India Country Report On Violence Against Children; published by the Department of Women and Child Development, Ministry of HRD, Government of India).
CRIMES AGAINST CHILDREN:

According to the National Crime Record Bureau (NCRB), there is no separate classification of offences against children. Generally speaking, the offences committed against children or the crimes in which children are the victims are considered crime against children. The general penal code of this country and the various protective and preventive special and local laws specifically mentioned offences where in children are known to be victims. Such offences are termed as Crimes Against Children. The person accused of committing crimes against children are punished under two broad sections: (1) Crimes committed against children, which are punishable under Indian Penal Code (IPC) (a) Murder (302 IPC) (b) Foeticides (Crime against being born) Section 312, 314, 315 IPC. (c) Infanticides (Crime against newborn child) Section 316 IPC. (d) Abetment of Suicide (Abetment by other persons for commitment of suicide by children) Section 305 IPC. (e) Exposure and Abandonment (Crime against children by parents or others to expose or to leave them with the intention of abandonment): Section 317 IPC. (f) Kidnapping and Abduction: (i) Kidnapping for exporting (Section 360 IPC.) (ii) Kidnapping from lawful guardianship (Section 361 IPC). (iii) Kidnapping for ransom (Section 363 read with Section 384 IPC). (iv) Kidnapping for camel racing etc. (Section 363 IPC). (v) Kidnapping for begging (Section 363-A IPC). (vi) Kidnapping to compel for marriage (Section 366 IPC). (vii) Kidnapping for slavery etc. (Section 367 IPC). (viii) Kidnapping for stealing from its persons (under 10 years of age only) (Section-369 IPC.) (g) Procuration of minor girls (for inducement to force or seduce, to illicit intercourse) Section 366-A IPC. (h) Selling of girls for prostitution (Section 372 IPC). (i) Buying of girls for prostitution (Section 373 IPC). (j) Rape (Section 376) (k) Unnatural Offences (Section 377)
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(2) Crimes committed against children, which are punishable under special and local laws. (A) The Immoral Traffic (Prevention) Act, 1956 (As amended in 1986): This Act covers both the sexes exploited for commercial purposes and provide stringent penalties for offences involving children and minor. The Immoral Traffic (Prevention) Act, prescribes punitive action against those inducing children (below 16 years) and minors (16 to 18 years) in the offence of procuring, inducing or taking a person for the sake of prostitution. The Act further provides that where any person is found with a child in a brothel, it shall be presumed, unless contrary is proved, that he has committed an offence of detaining a person in premises where prostitution a carried on. Similarly when a child or minor found in a brothel, on medical examination, detected to have been sexually abused, its shall be presumed, unless contrary is proved, that the child or minor has been detained for the purpose of prostitution or has been sexually exploited for commercial purposes. The punishment consists of imprisonment of either description for a term, which shall not be less than 7 years and shall also be liable to fine, with provision for less than 7 years under special circumstances. Besides contemplating specialised machinery for its enforcement, the Act envisages a comprehensive scheme for rescue, protection and corrective treatment of prostitutes. (B) Child Marriage (Restraint) Act, 1929:The Act prescribes the legal age of marriage is 18 for girls and 21 for boys. This Act prohibits child marriage but it does not invalided once marriage solemnised. In order to curb the practice of child marriage, the Child Marriage Restraint Bill 2002 offers higher penalty for violating provision and intend to make the offence cognisable and unbailable. (C) Child Labour (Prohibition and Regulation) Act, 1986: This Act prohibits engagement of below 14 years children in 13 occupations and regulates the condition of work of children in 57 processes. The Ministry of Labour and Employment, Government of India, in its gazette notification [vide noS.O.1029 (E)] has added two entry in Part-A under the heading Occupations after item 13 in Child Labour Act, viz, (14) Employment of Children as domestic workers or servants: (15) Employment of Children in dhabas (road side eateries), restaurants, hotels, motels, teashops, resorts, spas or other recreational centres. This decision of the government has been taken on the recommendation of the technical advisory committee on child labour, who opined to ban on employee children below 14 years in these occupations in taking things granted that these children are subjected to physical violence and are more vulnerable to sexual abuse or exploitation in as much as they come in contact with all kinds of people. To comprehend, the Child Labour (Prohibition and Regulation, Act has taken care of prohibiting the children below 14 years of age in 15 occupations as they are deemed to be hazardous work. This chapter has endeavoured to provide an overview of sexual abuse of children and crimes committed against children either for individualists motive or for commercial exploitation. The issue of child labour is dealt in a separate chapter. The forms of the crime identified against children are trafficking, abduction, kidnapping, rape, molestation, etc. A very little information is available in regards to crimes committed against children. Whatever the statistics available from the office of Superintendent of Police in 17districts of Orissa shows a tip of massive iceberg. This is due to the reporting of the small percentage of the cases of what has been actually occurred. Three factors have been responsible for the poor reporting of the cases and they include (1) fear of the family for humiliation and social stigma meted to the victim in future life, (2) continuing trend of inaction of the State for quick administration of justice and (3) difficulty of obtaining information of domestic violence against children and sexual abuse of children by near and dears.
CLAP115 Table-12.1 Incidence of Crimes Committed against Children in 17Districts of Orissa

District 1 Balasore Year 2 2003 2004 2005 Sub-Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total 2003 2004 2005 Sub Total Missing Children 3 58 72 79 209 24 23 36 83 14 25 27 66 02 04 04 10 12 21 11 44 03 02 07 12 18 22 16 56 12 05 05 22 01 01 07 09 79 111 107 297 10 07 15 32 12 13 12 37 04 05 08 17 10 08 11 29 18 17 39 74 Traffi cking 4 01 01 01 01 02 02 02 02 Kidnapping 5 17 21 25 63 02 04 05 11 04 04 16 24 06 04 02 12 16 20 12 48 09 18 23 50 02 03 06 11 18 14 16 48 09 06 12 27 49 37 29 115 04 09 14 27 02 02 02 06 02 05 07 01 01 02 Abduction 6 01 01 01 01 04 11 03 18 01 01 01 01 Rape 7 18 24 25 67 08 06 05 19 02 05 10 17 01 01 12 18 13 43 08 05 14 27 05 06 12 23 35 23 18 76 11 13 17 41 05 15 11 31 11 12 19 42 03 02 05 15 11 09 35 02 03 05 01 05 02 08 Molestation 8 09 11 13 33 07 12 09 28 05 04 07 16 12 14 05 31 11 10 07 28 11 29 18 58 03 04 01 08 90 65 102 257 01 01 03 05 09 11 07 27 01 01 06 05 04 15 01 02 03 06 01 01 02 Eve-teasing 9 03 02 01 06 03 04 07 02 03 02 07 01 01 02 04 01 01 01 03 02 03 02 07 01 01 02 07 06 02 15 01 01 02 04 01 05 01 02 02 05 06 04 04 14 01 01 -
Baragarh
Bolangir
Boudh
Jagatsinghpur
Jajpur
Jharsuguda
Kandhamal
Kendrapara
Khurda
Koraput
Malkanagiri
Nawarangpur
Nayagarh
Nuapada
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Puri
2003 40 19 39 2004 39 30 36 2005 44 24 31 Sub Total 123 73 106 Subranpur 2003 09 06 2004 08 03 2005 16 01 06 Sub Total 33 01 15 Source: Information provided by S.P. Office of concern district under Right to Information Act, 2005.
07 22 24 53 -
08 08 16 01 03 04
Although it is accepted that many cases of crimes against children go unreported, a total of 1780 numbers of cases reported during the year 2003-2005 for the 17 districts of Orissa. The reported cases include 6 for trafficking, 525 in kidnapping, 22 for abduction, 561 in rape, 568 for molestation and 98 for eve- teasing. Apart from that 1153 number of cases were reported for missing children during the same period. The picture of crimes varies from district to district. Among all forms of crime depicted in the above table the district of Kandhamal stands at the top followed by Puri, Khurda, Balasore, Jajpur and Jagatsinghpur. The district of Balasore, Jagatsinghpur, Jajpur, Kandhamal, Khurda and Puri accounted for 34.4 percent and 62.4 percent of total crimes committed against children in the form of kidnapping and rape. Among the reported incidence of missing children, the district of Khurda, Puri and Balasore accounted 54.5 percent of total missing children in 17 districts of Orissa.
Figure-12.1
Trafficking is one of the worst forms Crimes Against Children: Crime-wise Percent of human rights violations. Child Distribution (2003-2005) trafficking is the movement of children from one place to another through force, coercion or deception. Although six cases of Trafficking child trafficking has been reported 32% Kidnapping during 2003-2005, it difficult to 32% Abduction assess the magnitude of the Rape 1% problem due to secret nature of Molestation 6% trafficking. Kidnapping and Adoption 29% 0% Eve-teasing is taking away of person unlawfully by force or fraud. Section-359 and 362 of Indian Penal Code deals with kidnapping and abduction respectively. This sort of crime is usually committed either for economic or for individualist motive. Kidnapping and abduction with an economic motive has two manifestations-ransoms, self and prostitution. In Individualist motive children, particularly minor girls are kidnapped for false promise to marriage or sex stratification or sale for prostitution. From the available information, it is estimated that there has been reported cases of 525 for kidnapping and 22 for abduction. Among all the crimes (rape, trafficking, kidnapping, abduction, molestation and eve-teasing) kidnapping constituted 29 percent. As regards to incidence of kidnapping the district Khurda (115) stands at the top of the list, followed by Puri (73), Balasore (63), Jajpur (50), Kandhamal (48) and Jagatsinghpur (48). These districts constituted 75.6% of total crimes of kidnapping against children. Out of 22 cases in abduction, the district Khurda alone has a share of 18 numbers of cases. Among all crimes, the most heinous crime is rape. Considering the magnitude of damage meted to a rape victim during her lifetime, the Supreme Court of India in a leading case viewed rape- is a violation with violence of the private person of a woman an outrage by all means. By the very nature of offence, it is an obnoxious act of the highest order. The physical scar may heal up, but the mental scar will always remain. When a woman is ravished, what is inflicted is not merely physical injury but a deep sense of some death less shame. (State of Madhaya Pradesh Vrs. Munna Choubey (2005) 2, SCC, 710.) The total number of reported cases for the above-mentioned 17 districts is computed to be 561 during the period of 2003-2005. Among the incidence of crimes, rape accounted 32% of the total reported cases of
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crimes committed against children. Not to mention, many of the rape cases go unreported. A total of 568 cases were reported during the period of 2003-2005 as regards to molestation or outraging the modesty of girl children. The incidence of molestation contributed about 32% of the total crime committed against children. Surprisingly, the district Kandhamal has recorded highest number of molestation cases between the years 2003 to 2005.
Table 12.2 Year-wise Distribution of Rape Cases in Orissa.
In Orissa, there has been a continuous rise of incidence of rape against women. A total of 795 rape cases were reported during 2005 as compared to 250 cases during 1990, showing an increase of more than three times in the gap of 15 years. The State has recorded highest number of rape cases in the year 1999. No information is available either from home department or from police administration in regard to victims of rape under different age groups. While the White Paper on Police Administration remains silent to incidence of rape committed against children, the similar sort of information is some how available from National Crime Record Bureaus Publication of Crimes in India. From NSCRB, it is an understood that 55 numbers of rape cases were reported in the year 2003, which accounted 7.6% of the total rape cases in Orissa during the year 2003. What is more disturbing is the fact that 41.8% of the rape victims during the year 2003 were children below 14 years of age.
Year
No. of Registered Rape Cases.
Percentage of variations over the preceding year.
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
250 309 326 405 422 562 617 683 797 816 753 720 691 725 770 795
+23.6 +5.5 +24.2 +4.2 +33.1 +9.7 +10.6 +16.6 +2.3 -7.8 -4.6 -4.1 +4.9 +6.2 +3.2
Figure-12.2
CHILD SEXUAL ABUSE: Child sexual abuse is defined as the involvement of dependent and immature children in sexual activities that they do not comprehend, to which they are unable to give informed consent (Child Abuse; Kempe. R. S., & Kempe C. H.; Fontano, London, 1978). This is implies that child sexual abuse is a sexual act imposed who lacks emotional, maturational and cognitive development. Sexual abuse may be verbal or physical or emotional.
Victimis of Rape under different age groups in Orissa during 2003.
11%
0% 4% 1% 2%
Up to 10 Years 10 to 14 Years 14 to 18 Years 18 to 30 Years 32 to 50 Years Above 50 Years
82%
Source: Women and Men in India 2004, Government of India; Page-125.
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Any analysis of child sexual abuse is very circumspect due to two possible reasons, i.e., (1) lack of common definition of the term and (2) lack of information. As regards to first no statute in India has defined the word child sexual abuse in a lucid manner. Even the worse thing is that there is no separate law in India dealing with child sexual abuse or exploitation. A child may considered to be abused when an The Indian Penal Code 1860 does not abuser: recognise child abuse in an explicit manner. At the hindsight of Section-375 watches the child in an intrusive or sexual way as she and 376 relating to rape and has a bath, goes to the toilet or dressed or un-dressed. punishment for rape respectively, some reference has been made to child rape. exposing his genitals to a child or persuading the child to do the same. But it does not cover all forms of sexual abuse as the relevant section touching a child genitals and making the child to touch recognises that only penile penetration the adult genitals. is the only type of sexual abuse in the masturbates himself in front of the child or the child is told form of rape. Penetration by other parts to masturbates the abuser or himself. of the body or objects is not considered fondles the child in a painful and rough way i.e., pulling or to be rape, of what has been commonly biting her nipples. understood form the very definition of the word child sexual abuse. The rubs his penis against the child body i.e., thighs or genital statutory provision in IPC relating to area. sexual intercourse tantamount to rape is penetrates the childs body by inserting his fingers in her deficient by itself. The explanation given vagina, anal opening or urethra. in Section-375 of IPC is very clear in its having oral, vaginal or anal intercourse with a child. word that sexual intercourse by a man with his own wife, the wife not being involving a child in pornography. under 15 years of age, is not rape. rape or make an attempt to rape. Again to note it down, a man is said to commit rape when he has sexual intercourse with a woman with or without her consent, when she is under 16 years of age. The provisions have been more confused instated of giving of clarity. The provisions in the same sections contradict to each other. On the one hand it speaks sexual intercourse by husband with a wife between 15 and 16 years of age does not amount to rape, on the other hand 16 years is fixed as the statutory age of rape. Further it erodes the ethos of Child Marriage Restraint Act, which has recognised the legal age of marriage for a girl is 18 years. The second cause has been more of a fact than an explanation as it is clearly stated in the analysis of preceding paragraph. There is little information that pertains to a broad understanding of child sexual abuse. For a common understanding of child sexual abuse, it covers child trafficking, child kidnapping, child abduction, child prostitution, child rape, child pornography and child marriage. Kidnapping and abduction is closely related to child trafficking and trafficking is the manifestation of child sexual abuse for the commercial exploitation. Violence against children pertaining to sexual abuse or exploitation is complete violation of all canons of morality, decency and dignity of human kind. Rape is not merely a physical assault but it has profoundly damaging effects on a childs chances of survival and development after early years of life. The harm it causes lingers well beyond the years of childhood and can be visible in the best part of life. The consequence of sexual exploitation may be physical, sexual, social, emotional, psychological and behavioural. The abused develops negative view on themselves in later years of life and possibly shall have low self-esteem, poor self-concept and self-devaluation. The adjustment of the victims, after being stigmatised, to new life would be very poor.
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CHILD MARRIAGE:
Marriage is a miniature in the complexities of the social system. It is a dividing line between life of orientation and life of procreation. No society can claim to be civilised where child marriage is rampant. Marriage at the early years of life simply deprives the person from choosing ones life partner based on the values of freedom. Although child marriage is not to be bracketed in the category of sexual abuse or sexual exploitation for commercial purpose, no wonders, it is a factor of putting the life of the child is under serious threat. Child Marriage has profound physical, psychological, intellectual and emotional consequence. Child Marriage affects both boys and girls. However, the consequences for girls are grimmer because early marriage takes away the educational opportunities, restrict physical mobility, limiting their opportunities for employment and there by sow the seeds for a lifetime dependency. Child Marriage not only imposes problem to child herself, but also contribute to virtually every social problems. These include soaring birth rates, high illiteracy and infant mortality as well as low life expectancy particularly among rural women. Simply puts, child marriage creates all kinds of problems rather than a solution of any purpose. The National Family Health Survey II in its Percentage of Women Aged 20-24 Years report of women who were married before Married before 18 Years of Age. attaining the age of 18 years recorded that in Bihar it accounted for 71%, in Rajasthan 68.3%, in Madhya Pradesh 64.7%, in 50.0 Andhar Pradesh 64.3%, in Uttar Pradesh 40.0 62.1%, in Maharastra 47.4%, in Karnataka 46.3%, in West Bengal 45.9%, in Haryana 30.0 India 50.0 41.5%, in Gujurat 40.7% in Tamil Nadu Orissa 37.6 20.0 24.9%, in Kerala 17% in Punjab 11.7% and in Himachal Pradesh 10.7%. Orissa, like 10.0 other parts of India, has been witnessing 0.0 the prevalence as well as the problem of India Orissa child marriage. The incidence of women who were married before 18 years was Source: 37.6% in Orissa, as recorded in NFHS- 1) National Family Health Survey, India (1998-1999); NFHS-2 (Orissa); 40 2) The Indian Child: A profile 2002, Department of W and CD, Ministry of II.
HRD, Govt. of India, 3.
Figure-12.3
According to India Summary Report on RCH (2002-04) that in India 21% of boys get married before the legal age of 21 years and similarly 28% of girls get married before 18 years of age. The mean age at marriage of boys is 24.5 and 19.5 for girls. The States where the girls get married before the attainment of legal age are Bihar (51.5%), Rajasthan (49.4%), West Bengal (45.9%), Jharkhand (43.8%), Madhya Pradesh (43.5%), Uttar Pradesh (41.4%) and Himachal Pradesh in bottom (2.9%). As far as Orissa is concerned the survey report indicates that 23.1% of girls are getting married below the age of 18 years. The incidence of child marriage is more in the district of Angul, Baragarh, Boudh, Gajpati, Koraput, Malkanagiri, Mayurbhanj, Nawarangpur, Nayagarh and Nuapada. The mean age at marriage is 25.1 for boys and 19.4 for girls. The Census of India incorporates information on the marital status of population according to age, sex and residence. According to the Census Report2001 that more than 90 thousand girl in Orissa have married before the age of 18 years. More than 77 thousand child marriage took place in rural areas. The Census Report has also recorded t hat 2.45 lakhs girls of 15-19 years of age have already married, thereby sharing 13.8% to the total marriage. Further the Census reveals that the early marriage is not a phenomenon among the girls, it is more or less visible among the boys who have not attained the legal age of marriage of 21 years.
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Age Groups 10-14 T/R/U Total Rural Urban 15-19 Total Rural Urban Less than 18 Total Rural Urban Less than 21 Total Rural Urban All Ages Total Rural Urban Total Population Persons 4256610 3640344 616266 3531384 2945866 585518 14300526 12346971 1953555 16746064 14384368 2361696 Males 2171099 1853494 317605 1760391 1452934 307457 7259371 6252341 1007030 8483948 7260168 1223780 Females 2085511 1786850 298661 1770993 1492932 278061 7041155 6094630 946525 8262116 7124200 1137916 Persons 4224362 3613852 610510 3246155 2695322 550843 14185805 12249455 1936350 16095790 13813845 2281945 18447277 15606673 2840604 Never Married Males 2163202 1847072 316130 1725390 1422627 302763 7240443 6236746 1003697 8382434 7171758 1210676 10117851 8496499 1621352 Females 2061160 1766780 294380 1520775 1272695 248080 6945362 6012709 932653 7713356 664287 1071269 8329426 7110174 1219251 Currently Married Persons 28095 23026 5069 278473 244627 33846 107591 91501 16090 632685 555184 77501 Males 6664 5396 1628 33655 29132 4523 17060 14033 3027 97754 85125 12629 Females 21431 17630 3801 244818 215495 29323 90531 77468 13063 534931 470059 64872 8346345 7142428 1203917
36804660 18660570 18144090 31287422 15748970 15538452 5517238 2911600 2605638
16518353 8172008 14061335 6918907 2457081 1253101
Source: Census 2001
Among Females in all age groups of Orissa 46 percent are married. The proportion of married is higher for females (46 percent) than males (43.79%) and higher in urban areas (46.20%) than in rural areas (45.96%). At the age of 15-19, the incidence of married is 10.5 percent for females in urban areas, 14.5 percent for females in rural areas and 13.8 percent females in the same age group get married in the State as a whole. The proportion of currently married among females in the age group of 10-14 is higher in urban areas than rural areas of Orissa. Similar trend is also evident in the case of less than 18 years girl children.
Table-12.4 Age-wise Percent distribution of the Martial Status of female in Orissa Age 0-9 10-14 15-19 Less than 18 All Ages Never Married 100.0 98.8 85.9 98.5 45.9 Married 0.0 1.0 13.8 1.3 46.0 Widowed 0.0 0.1 0.1 0.1 7.5 Divorced/ Separated 0.0 0.1 0.2 0.1 0.6 Total 100.0 100.00 100.00 100.00 100.00
Table-12.5 Age wise Percent distribution of the Martial Status of female in Rural Areas of Orissa Age 0-9 10-14 15-19 Less than 18 All Ages Never Married 100.00 98.8 85.0 98.5 45.7 Married 0.0 1.0 14.5 1.3 45.9 Widowed 0.0 0.1 0.3 0.1 7.7 Divorced Separated 0.0 0.1 0.2 0.1 0.7 Total 100.0 100.00 100.00 100.00 100.00
Source: Computed from Census, 2001.
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Child Marriage in India has become, more or Thousand of Girls of Balangir and Subarnpur District of less a custom and people seems to have been Orissa lured into married by goings from Uttar Pradesh & following the customs. Several studies also Madhya Pradesh, but end of prostitute in the dark alleys of reveal that to get the daughters marry at the Jhanshi, Gwailor, Kanti and Lucknow. school going age has been due to the growing The Traffickers usually pin point poor grown up girls in incidence of poverty of parents. Despite the villages where parents are harnessed for money to pay as existence of a special law pertaining to the dowry for their daughters marriage. (Quoted from a report restraint of child marriage, the wild activities published in The Times of India, Bhubaneswar, National, are not curbed. The loopholes in the child June 5, 2005 (Sunday Edition). marriage restraint act has kept the legislation stand still and does not serve the purpose for which it was enacted. As the name suggests, the child marriage restraint act, does not protect the rights of the children once marriage is solemnised. The penalty provision of the existing act is very much limited to maximum 3 months of imprisonment. The existing act has neither the provision of an enforcement officer nor has sharpening knives to punish the person who is involved in the child marriage or promote the marriage. In order to protect the rights of the child, on the recommendation of National Human Right Commission and the National Commission for Women, the Prevention of Child Marriage Act, 2004 is on process. The proposed Act shall make child marriage a cognisable and non-bailable offence. Under the new Act the parents and guardians and a person who performs, conducts or directs a child marriage can be punished with imprisonment for 3 months with a fine. The good part of the purposed Act is that there is a provision for children born out of a child marriage. Such child will be considered a legitimate child and the custody of the child shall be decided based on the best interest of the child.
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CHAPTER- XIII
CHILDREN IN CONFLICT WITH LAW
Need of Juvenile Justice System to Address the Root Causes of Offence
The General Assembly of the United Nations adopted Convention on the Rights of the Child on 20th November 1989.It prescribes a set of standard that has to be adhered by all State parties in securing the best interest of the child. The Convention indicates child by reason of his or her physical and mental immaturity needs special care, including appropriate legal protection, before and after birth. The government of India ratified the convention on 11th December, 1992.A well before the adoption of the convention, the National Policy for Children, 1974 has put an enormous value on the children for the development of the nation by considering them as the supreme assets of the nation; hence they should be given special care for all-round development of their personality. The constitution of India has also contemplated in article 15,39,45 & 47 that State should comply the needs of the children and protect their basic human rights. Unfortunately for children in India, nothing has been carried out in right direction. Children have been comprehensively neglected and their rights are calculatedly forgotten. The protection and development programmes for the children look ideal in theory but in practice the conditions of children is disastrous. The definition of child, (every human beings below the age of 18 years), as pen down in the CRC, perpetually covers children in all categories irrespective of status, race, class, caste, sex, place of birth or any of them. As regards to care and protection, children living in difficult or uncomfortable circumstances invariably needs deserve attention of the State for their development. They include orphan, destitute or abandoned children; street children; children living in slums; children of prostitutes; children living with women prisoners; children born in out-ofwedlock; children with disabilities; children employed in work unsuited to their age or mental strength; children having no home or settled place or abode and without any means of subsistence; children without parental care; sexually abused children; trafficked children; children victimised by natural calamities; children inflicted in HIV/AIDS, leprosy or other dreaded diseases; children of HIV/AIDS infected parents and children in conflict with law. The CRC also recognise that in all countries of the world there are children living in exceptionally difficult conditions are most likely to be vulnerable in conflict with law. They need adequate focus of attention from the governance system with sense of purpose and commitment of urgency for the concern of the children. The spirit of CRC arguably needs enactment of special package of legislations for the rehabilitation, restitution and development of children. The provisions range from ensuring fundamental rights of children; making provisions, both legal and infrastructure, to secure education (article 28), health (article 24), and family protection (article 18 &27), combating illicit trade (article 11), violence (article 19), torture (article 37), regulating employment of children (article 32) and sensitising dealings with delinquent children. The international Declarations and Conventions, either it could be the Universal Declaration of Human Rights (UDHR), 1948 or International Covenant on Civil and Political Rights (ICCPR), 1966,have manifestly recognised that accused persons of certain age should be treated differently, outside the established framework of established criminal law. The crux of the fact is that if a person of a specified age or below commits any offence or any allegation is levelled against him, he/she is called as delinquent juvenile and not as an accused or offender in the polished way of the term as has been used in the frame work of criminal jurisprudence. The entire procedure of investigations of juvenile crimes and mechanism for the administration of justice has to be different and conventional criminal procedure being adopted in case of adults is neither desirable nor applicable. The person, under the defined age of ceiling after which he/she ceased from juvenile, commits crimes or any allegations levelled against him constitute a separate class of accused having special right of deserving protective treatment from the mechanism of judicial and administrative wand of governance. Due to immaturity and tender age of mind, it becomes adherently necessary to examine in detail the rights of juvenile accused.
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INTERNATIONAL DECLARATIONS / CONVENTION FOR THE PROTECTION OF RIGHTS OF JUVENILES. The right of the juveniles has been gaining importance in various International declarations and Convention framed at different point of time. Article 14 (4) of ICCPR, 1966, provides that in the case of juvenile persons, the procedure (determining the criminal charge) shall be such as it will take account of their age and desirability of promoting their rehabilitations. India is a signatory State to the ICCPR. The covenant requires the State parties to take into account for juvenile justice. The first and foremost responsibility of the State parties to treat juveniles in such a conducive manner as would maximize their opportunity to mature into responsible citizen rather than to fall into a life of crime. The objective of the juvenile justice system should be based on reformation and rehabilitation rather than punishment. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (known as Beijing Rules) 1985 has a substantial contribution to the international system for the protections of childrens rights. The Standard are intended to be an ideal model for the member states in handling the emotions and sentiments of young persons in conflict with law within the prescribed guidelines of juvenile justice system. The Beijing Rules provide for strict limits to the juvenile detention, optimum use of community based modalities establishment of separate juvenile courts and provision of special police personnel as well as provision of specialized facilities, programmes and services. With the changing of times, the perceptions and looking of international body as well as nation states has been more purposive and meaningful for the protection and development of child rights. The United Nations Convention on the Rights of the Child postulates the special treatment to the juvenile delinquent or children in conflict with law with more vigour and clarity. Article 37 of the CRC requires the State Parties to ensure the following: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; No child shall be deprived of his liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner, which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the childs best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
(b)
(c)
(d)
Article 40 of the CRC envisaged that (1) State parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the childs sense of dignity and worth, which reinforces the childs respect for the human rights and fundamental freedoms of others and which takes into account the childs age and the desirability of promoting the childs reintegration and the childs assuming a constructive role in society. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that.
(2)
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a)
No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed. Every child alleged as or accused of having infringed the penal law has at least the following guarantees. i) ii) To be presumed innocent until proven guilty according to law; To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence: To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians; Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witness and to obtain the participation and examination of witnesses on his or her behalf under conditions of quality. If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law; To have the free assistance of an interpreter if the child cannot understand or speak the language used; To have his or her privacy fully respected at all stages of the proceedings.
b)
iii)
iv)
v)
vi) vii) 3.
States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognised as having infringed the penal law, and in particular. a) b) the establishment of a minimum age below which children shall be presumed not to be have the capacity to infringe the penal law; whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.
4.
A variety of dispositions, such as care, guidance and supervision orders; counselling, probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.
This has been apparently clear from the international standard relating to juvenile justice that juvenile offenders or children conflict with law, whatever it is called, need value-oriented treatment with the goals of reformation and rehabilitation of juveniles on the one hand and the prevention of repetition of offences, on the other hand. The convention indented to secure for the juveniles the free and fair process of trial with the element of natural justice as has been provided to adult offenders. In concomitant to the principles of CRC, the government of India enacted the Juvenile Justice (Care and Protection of Children), Act, 2000 (Commonly referred as, J.J.) (C & P of C Act, 2000), that proposed to make the Juvenile Justice System in India more appreciative to the developmental needs of children. The most pertinent question rescinds to our mind were there any laws in India to take care the best interest of Juvenile delinquent before the enactment of J.J. Act, 2000. The answer could not be no because some part of Indian Penal Code (IPC), 1860 has been taking care of the young children committing offence due to immaturity of understanding to judge the aftermath of the alleged or committed crimes, although it does not cover the children until the completion of 18 years in age and the purpose of conviction has not been in the same extend of magnitude as it is in the CRC. The IPC has recognised the act committed by a child under 7 years is of no offence and similarly an offence committed by child above 7 years of age an under 12 years without sufficient maturity of
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understanding to judge nature and consequences, is of no offence. Realising the need of special treatment and fair trial for the juvenile offenders, the union parliament enacted a legislation of Childrens Act, 1960. However, the act had lacked more than one point what could have made it an ideal legislation fort he children This Act was aimed at to provide for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial delinquent children. However the extend of that Act was very restricted only for union territory of India, even though the trend was reformative in character and least punitive in nature. With the changing of the time and to harmonize the objects of international standards regarding to juvenile justice system, it was very imminent to put a thought for reviewing the childrens Act 1960. The decision of Supreme Court, in the case of Sheela Barse vs. Union of India (AIR, 1986, S.C. 1773), that instead of each State having its own childrens Act, different in procedure and content, there should be a Central Legislation on the subject to bring uniformity in regard to various provisions relating to juveniles in the entire country, had fuelled the fire of thought for review. The review could indicate that the justice system available for juveniles was inadequate and at the same time it was thought that to fill the procedure and mechanism of administration of justice both for adult and the children in the same barrel would be futile for securing justice to the children in conflict with law. That had necessitated of making a uniform juvenile justice system through out the country with adequate provisions of reformation and rehabilitation for the juvenile delinquent in keeping the best interest of such children in mind. The first and foremast intent of the proposed law was not to lodge the juveniles with hardened criminals, no matter the adult criminals, in the common jail with the strong perception that due to immaturity of mind the children were vulnerable to be influenced by the die hard criminals. Need was also felt for the larger involvement of informal organization including voluntary organization and community based welfare agencies for the care, protection, treatment, development and rehabilitation of such juveniles. In order the avoid the consequence of disaster of lodging juvenile and adult criminal in same jail or police lockup; to provide for a child friendly approach towards the prevention and treatment of juvenile delinquent; to establish special norms and standards for the administration juvenile justice in terms of investigation and prosecution, adjudication and disposition and care, treatment and rehabilitation; and render justice to the delinquent, juvenile courts would function in a meaningful manner; the Juvenile Justice Act, 1986 was enacted and came into force on October 2, 1987. The J.J. Act aimed to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles. The Act had made discrepancy relating to fixation of age determining the category of juveniles. As defined the Act, juvenile means a boy who has not attained the age of 16 years or a girl who has not attained the age of 18 years. The Act was primarily concerned with delinquent juvenile and neglected juvenile. Delinquent Juvenile meant juvenile who had been found to commit an offence. Neglected Juvenile broadly covered children in begging, children without any means of subsistence, children without parental care, children living in prostitute homes and sexual abused or economically exploited children. Whatever the principles the Juvenile Justice Act 1986 had embodied, the act lost the vision of the standard prescribed in the United Nations Standard Minimum Rule for the Administration of Juvenile Justice, 1985. Although the J.J. Act 1986 was highly innovative and least punitive in nature, this was not as comprehensive Act as is it could be. It had numerous constraints and most important of those, (i) restricted definition of delinquent juvenile and (ii) lack of resources and institutions relating to implementation of the Act. As regards to first, the definition of a delinquent juvenile given in section 2 (e) was very restricted to juvenile who was found to have committed an offence. In other words, act did not intervene unless child had been accused of an offence or criminal liability. The provision of the act did not take into consideration the contributory elements of abject poverty, separation of parents, broken homes or others, which would lead the children vulnerable to be conflict with law. The propelling activities in concomitant to the compelling socio-economic circumstances may not be termed an offence in the formal sense, but the exclusion of such activities would have dire consequences for such children. The second problem had been more evident by the observation of the then Chief Justice, P.N. Bhagwati, in the case of Sheela Barse vs. Union of India (AIR, 1986, S.C. 1773), in reference to Article 39 (f) of the Constitution of India. To quote the observation, it is matter of regret that despite statutory provisions and frequent exhortations by social scientists there are still large number of children lodged in different jails of the country. Even where children are accused of offences, they
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must not are in jail. It is no answer on the part of the States to say that it has not got enough of number of remand homes and observation homes or other places where children can be kept and that are why they are lodged in jails. It is also no answer on the part of the State to urge the wards in the jail where the children are kept are separate from the word in which the other prisoners are detained. It is the atmosphere of the jail, which has a highly injurious effect on the mind of the child, estranging him from the society and breeding in him aversion, bordering on hatred against the system, which keeps him in jail. We would, therefore, like once again to impresses upon the State Government and they must set up remand homes and observation homes where children accused offence can be lodged, pending investigations and trial. Besides the complete absence of NGOs and civil society participations in the juvenile justice system, there were also serious flaws in the management of childrens homes and the Act could not be implemented in true norms and sprit through out the country for decade and half. Further, the ratifications of the Convention under Rights of the Child by India in 1992 and changing social perceptions of judiciary towards criminality by children particularly in the progressive judgment like Amrutlal Someshwar (1994, 6: SCC, 488), Ramdeo Chauhan (2000, 7: SCC, 455) and Arnit Das (2000, 5: SCC, 488) and the urgency for a more child friendly juvenile system were some of the factors that propelled the cultivation for the drafting of juvenile justice (Care and Protection of Children) Act, 2000. Finally, the Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted and was enforced with effect from April 1, 2001 and as a result the J.J. Act 1986 has been repealed. THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 AND ITS STATUTORY FRAMEWORK: The Government of India enacted JJ Act, 2000 that proposed to make the Juvenile Justice system in India more appreciative of the developmental needs of children and bring it in conformity with CRC. The Act has been designed to cover two categories of children, (i) children in conflict with law and (ii) children in need of care and protection. The objectives of the JJ Act.2000 as chalked out in its preamble, are to consolidate and amend the law relating to juvenile in conflict with law and children in need of care and protection by providing for proper care, protection and treatment, by catering to their developmental needs, and by adopting a child friendly in the adjudication and dispositions of matters in the best interest of children and their ultimate rehabilitation through various institutions established under this enactment. This is a piece of progressive legislation that aims at adjudicating and disposing matters in the best interest of children and their ultimate rehabilitation and reformation. The Act aims to provide an institutional rehabilitation programme for social integration through adoption, foster care, and sponsorship and after care of the abandoned, destitute, neglected and delinquent juvenile and child. Nothing to deny, this new Act is a substantial improvement over the JJ Act, 1986, but the agony of the fact that it merely outlines the legal framework for the delinquent children rather than a preventive framework to ensure their rights. Many other existing laws like Child Marriage Restraint Act, 1929, the Child Labour (Protection and Regulation) Act, 1986 too bypass the core issues pertaining two basic rights of children. The JJ Act, 2000 has been amended and here in referred as the Juvenile Justice (Care and Protection of Children) Amended Act, 2006 and the Amended Act inserts child who is found in begging, street child, working child and surrender child in the category of children needing Care and Protection; provides a much clear definition to Juvenile in Conflict with Law; delineates a more child friendly procedure to be followed when claim of juvenility is raised before the court and others, without altering the basic framework and objectives of the principal act. According to Sec 2 (k) of the JJ Act, 2000 a Juvenile or Child means a person who has not completed 18 years of age. This definition seems to be very logical and appropriate in consonance of definition of child being provided in the CRC. In fact, this is the first legislation in India that has recognized a person who has not completed 18 years of age is to be subsumed as child and next to it is the Protection of Women against Domestic Violence Act, 2005 which has incorporated similar sort of definition for the child. In other words, it clearly postulates that who is not a major in Indian Majority Act is a juvenile or child. WHO IS A JUVENILE OR CHILD IN CONFLICT WITH LAW? The expression of delinquent juvenile in JJ Act 1986 was seemed too derogatory and as a result it has been substituted by the word Juvenile in Conflict with Law in the JJ Act (C & P of C) Act, 2000. According to Section 2 (i) of 2000 Act, Juvenile in Conflict with Law means a juvenile who is alleged to have committed an offence. This definition is deemed to be a fish in trouble water in as much as it has raised hue and cry regarding to determination of age of a juvenile who, is alleged or has committed an offence, either
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on the date of his / her alleged offence or the date of his / her arrest. The decisions of Judiciary have been contradictory of one with another. The perpetual doubt relating to determination age of a juvenile in conflict with law is taken care by the Juvenile Justice Amended Act, 2006. This speaks Juvenile in Conflict with Law means a juvenile who is alleged to have committed an offence and has not completed 18 years of age as on the date of the commission of such offence. CONSTITUTION OF JUVENILE JUSTICE BOARD: Under Section 4 (1) of JJ Act, 2000 (as Amended in 2006), the respective State Government of Indian Union is empowered to constitute Juvenile Justice Board to deal with Juveniles in Conflict with Law. The board shall consist of a metro-politan Magistrate or Judicial Magistrate of the first class and two social worker of whom at least one has to be a woman. The magistrate shall have special knowledge or training in child psychology or child welfare and the social worker should have minimum seven years of experience pertaining to the activities in health, education or welfare of the children. Thus the law requires the appointment of magistrates not that he or she is well equipped with nitty-gritty of the laws but more importantly he must understand child psychology to perceive the innocence from his verbal or non-verbal expression. The female member is always to have advantage because child feels comfortable in interacting with a woman, who has been symbolized as a mother of love and affection in our culture. PRODUCTION OF JUVENILE IN CONFLICT WITH LAW: A juvenile in conflict with law has to be produced before the Juvenile Justice Board. The Act is also taken care of the least detention of a Juvenile in police custody at par with the fundamental rights of habeas corpus in Constitution securing right against arbitrary arrest of a person. Section 5 (2) speaks that a juvenile shall be produced before an individual member when the board is not sitting. Section 7 (1) of the Act entrust the responsibilities of any magistrate beyond the jurisdiction of this Act. It ultimately speaks that when the juvenile or child is produced before any magistrate who is not empowered to exercise the powers of a Board under this Act, the magistrate concerned shall without any delay records the opinion and forward the child to the concerned juvenile justice board. PROCEDURE TO BE FOLLOWED WHEN CLAIM OF JUVENILITY IS RAISED: The amendment has inserted a new section after section 7 of the principal Act and this is dealt with procedure to be followed when claim of juvenility is raised before any court of law. Section 7A(1) of the Act speaks Whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile of the date of commission of offence, the court shall make inquiry, take such evidence as may be necessary so as to determine by age of such person, and shall record a finding whether the person is a juvenile or a child, stating his age as nearly may be. Provided that a claim of juvenility may be raised before any court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determine in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be on or before the date of commencement of this Act. SubSection 2 of the same Section provides that if court finds a person to be a juvenile on the date of commission of the offence under Sub-Section (1), it shall forward the juvenile to the Board for passing appropriate order, and the sentence if any, passed by a court shall be deemed to have no effect. APPREHENSION OF JUVENILES IN CONFLICT WITH LAW: The sole philosophy of the enactment of Juvenile Justice system is neither to detain the juvenile in conflict with law in the police custody nor to place juvenile and adult criminal in the same jail. As an ultimate to this, the children in conflict with law should be kept in the healthy environment of observation home, childrens home, special homes, shelter homes etc, free from the influence of criminals. Section 10 (1) of the Amended Act, 2006 rightly speaks as soon as a juvenile in conflict with law is apprehended by the police, he shall be placed under the charge of special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board with out any loss of time within a period of 24 hours of his apprehension excluding the time necessary for the journey, from the place where the juvenile was apprehended, to the Board. Provided that in no case, a juvenile in conflict with law shall be placed in a police lock up or lodged in a jail.
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The Juvenile Justice Act has, more or less, accepted the basic philosophy of criminal jurisprudence that bail is a rule and jail is an exception. Section 12 says when any juvenile is accused of an offence either of bailable or non-bailable and brought before Juvenile Justice Board or detained in police custody, shall be released on bail with or without surety or placed under the supervision of probation officer or under the care of any fit institution or fit person. Release on bail is not permissible under the circumstances of reasonable ground for believing that release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the end of justice. If a juvenile is arrested, in-charge of the police station concerned or the special juvenile police unit shall immediately inform to the parent or guardian of the juvenile. In order to save the child from social disgrace the Act prohibits the publication of name, address or school or any other particulars of a juvenile in conflict with law or a child in need of care and protection, involved any proceeding under the Act. Any contravention to this provision amounting identification of the juvenile or child shall be liable to a penalty of maximum Rs.25, 000/-. HOMES TO BE ESTABLISHED UNDER THE ACT: Observation homes and special homes shall have to be established under this Act for the juveniles conflict with law by the State Government in or under an agreement with voluntary organization in every district or a group of districts. The observation homes are for in the interim period during the pendency of any inquiry of juvenile in conflict with law. The observation home has to be classified and separated for juvenile in conflict with law on the basis of age and the nature of offence committed by them and his mental and physical status. FORMATION OF SPECIAL JUVENILE POLICE UNIT: In the Juvenile Justice Act, 1986, only police was authorized to apprehend and produce the child before the competent authority, which was found to be one of the serious drawbacks in the act. The lacuna has been rectified in the J.J (C & P of C) Act, 2000 which speak of the creation of special juvenile police unit for dealing with juvenile crimes. Section 63 provides (1) in order to enable the police officer, who frequently deal with juveniles or are primarily engaged in the prevention of juvenile crime or handling of the juveniles or children under this Act, to perform their function more effectively, they shall be specially instructed and trained, (2) in every police station at least one officer with aptitude and appropriate training and orientation may be designated as the Juvenile or Child Welfare Officer who will handle the juvenile or the child in coordination with the police, (3) special juvenile police unit, of which all police officer designated above, to handle juvenile or children will be members, may be created in every district and city to upgrade the treatment of the juveniles and the children.
Notifications of Women & Child Development Department vide No. JJ Cell-28/2004/21197/W&CD Dt.30.10.2004
In exercise of the powers conferred under clause 34 (1) of the Juvenile Justice (Care & protection of children) Act, 2000 the following child care institution are certified as Children Homes for the reception of child in need of care & protection during pendency of any enquiry and subsequently for their care, treatment, education, training, development and rehabilitation until further orders.
Sl. No 1 2 3 4 5 6 7 8 9 10 Name of the NGO running Childrens Home Servants of Indian Society Satyasai Seba Sangha Kasturba Gandhi National Memorial Trust (exclusively for girls) Utkal Bala Shrama, Berhampur Sakha (exclusively for girls) Utkal Bala Shrama, Balasore Sakha. Banadevi Seba Sadan Balaniketan Banabasi Bidyasabha Gurukula Vedic Ashram Banabasi Seba Samiti Kasturba Gandhi Matru Niketan Address Choudwar, Cuttack Khandagiri, Khurda Satyabhamapur, Cuttack Ganjam Balasore Kabisurya Nagar, Ganjam Limameda, Gunupur, Rayagada Vedabyasa, Rourkela, Sundergarh Baligura, Kandhamala Paikamal, Baragarh Joranda, Dhenkanal
The core idea of JJ Act, 2000 is to break the 11 Maharshi Dayananda Balashram shackle of common saying Justice delayed is 12 Prachina Bharatiya Vidyasabha Amasana, Nuapada Justice denied. The Act has been aiming at Gurukula Ashram speedy inquiry of the cases relating to juvenile and timely administration of justice. Section 14 of the Act says, that the enquiry shall be completed within a period of four months from the date of commencement unless the Board having regard to special circumstances of the case extends the period. A subsection has been inserted in the principal Act following to the amendment in 2006, which says The Chief Judicial
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Magistrate or the Metropolitan Magistrate shall review the pendency of the case of the Board at every six month, and shall direct the Board to increase the frequency of its sittings or may cause the constitution of additional Boards. Considering the fact in mind; that childhood is a period of absolute innocence and complete immaturity or lack of mental aptitude in assessing the consequence of any act of omission or commission; the actionable wrong of a child or juvenile shall be pardoned. Sentencing penalty or punishment has been undergone a sea change in the Juvenile Justice Act. Section 16 of the Act says that no juvenile shall be sentenced to death or imprisonment for any term, which may extend to imprisonment for life or committed to prison in default of payment of fine or in default of furnishing security. After a juvenile is found guilty he or she may be allowed to go home after due admonition or after counselling his/her parents or guardians. He / She may be released on probation of good conduct or he/ she may be placed under the care of parent or guardian or other fit person on executing a bond without surety for a period not exceeding three years. IMPLEMENTATION OF JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) ACT, 2000 IN THE STATE OF ORISSA: Children are the powerhouses of any society, but they cant grow from nowhere; rather they need care and protection from parents, family, community, state and society. In a conventional and culture bound society like India, legal reforms follows social reforms. Law operates in the social complexities to wipe out the prejudices that would be detrimental to the welfare of the common good. Enactment of law is not sole thing. Law cant operate in a vacuum unless appropriate mechanisms are created and rules are framed in subservient to the enacted legislations. The J.J Act is a central legislation with the provision for respective State Government of the Indian Union to make rules to carry out the purposes of the Act (Section 68 (1)). Following the dictum of JJ Act, 2000 the State Government in Orissa have already framed and notified Juvenile Justice Rules in 2002. Twenty-eight (28) Juvenile Board and Thirty (30) Child Welfare Committee have been constituted. The objective of Juvenile Justice system intends to provide for full coverage of services envisaged under the Juvenile Justice Act so as to ensure that no child under any circumstances is lodged in prison; to bring about qualitative improvement in the Juvenile Justice services and to promote voluntary action for the prevention of Juveniles social maladjustment and rehabilitation of social maladjustment of Juveniles. As per the programme of Juvenile Justice, the Government of India provides assistance to the State Government for establishment and maintenance of Observation Homes, Juvenile Homes, Special Homes and after Care Institutions for children in conflict with law and children in need care and protection. There are 15 Observation Homes out of which 12 being run by NGOs and 03 being run by the Government of Orissa one in Rourkela and two in Berhampur, the Special Home for neglected juvenile girls being one of them. As this is a centrally sponsored planned scheme, the cost of maintenance of the inmates of the Observation Home is borne by the State Government and Central Government on a 50:50 sharing basis.
Table-13.1 Juvenile Apprehended under Different IPC Crimes, 2000 for Orissa. Nature of Crime Numbers Murder 4 Attempt to commit murder 4 Culpable Homicide not amounting to 1 murder Rape 9 Kidnapping & Abduction 1 Rubbery 2 Burglary 42 Theft 114 Riots 09 Criminal Breach of Trust 02 Hurt 09 Dowry Death 01 Molestation 02 Other IPC crimes 24 Total 224 Source: The Indian Child: A profile; 2002; Dept. of W & CD; Ministry of HRD, Govt. of India, and Crimes by Juveniles, P-151.
The matter needs to be mentioned here that under section 8 of JJ Act, 2000 it is the responsibility of the State Government to establish Observation Homes in every districts or a group of district either by the Government itself or under an agreement with voluntary organizations. The homes are to be construed as an interim arrangement for the reception of any juvenile in conflict with law during the pendency of inquiry. The standard and management of Observation Home shall be of quality and various types of services have to be provided by the homes for the rehabilitation and social integration of a juvenile. Further as desired in Section 34 of the Act, the State Government is required to establish and maintain Childrens Home for the reception of child in need and care of protection during the
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pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation. While there is no provision of convergence of Childrens Homes with Observation Homes and contrary to the requirement of separate kind of home one for Children in Conflict with Law and another for Child in Need of Care & Protection the Government of Orissa has identified 12 Childrens Homes being run by different NGOs are deemed to be Observation Homes. STATISTICS ON JUVENILE DELINQUENCY/ CHILDREN OR JUVENILE CONFLICT WITH LAW: There is no single source of document from which information relating to delinquent juvenile or children with conflict with law can be either available or computed. The white paper on police administration published by the Home Department to the Government of Orissa does not give any clue to the cases reported against juveniles. Recognizing the information available in National Crime Record Bureau, a total number of 224 cases were registered against juveniles in the State of Orissa under the provision of Indian Penal Code. The crime head shows that the majority of cases instituted against children were of petty offences including theft and burglary.
Table-13.2 Disposal of Juvenile arrested and sent to the Court during 2003 for the State of Orissa Head Number Juvenile Arrested and sent to 33 Courts Sent to home after advice or 23 Admonition Released on probation and placed 91 under the care of parents or guardians Released on probation and placed 30 under the care of fit institution Sent to special homes 16 Acquitted or otherwise disposed of 12 Pending disposal 141
Source: National Crime Record Bureau.
Information available from non-official sources regarding to incidence of delinquent juvenile indicates that for the year 2005, total number of 314 cases have been instituted against children alleged to have committed offences. Of the total juveniles crimes, the girl children in conflict with law constitutes a very minuscule proportion. The children of age group of 13 16 years accounted 61.1% of the total children in conflict with law.
Table-13.3 Incidence of Juvenile Delinquent Cases in Orissa for the Year-2005 Incidence of Reported Total Category Cases Number of of Children Children involved in Alleged Crimes. Boys Girls Total 7-12 yrs of 28 28 34 age 13-16 yrs 187 5 192 262 of age 17-18 yrs 88 6 94 174 of age Total 303 11 314 470
To make a comprehensive analysis of the working of the juvenile justice system following the enactment of J.J. (C & P of C) Act, 2000, we feel, at the last resort, the necessity of using Right to Information Act, for seeking information on the number of reported cases against juvenile in different districts and the status of the cases as on. However, the information was provided by few of the Superintendent of Police Offices (Table-13.3). Of the districts, Khurda apprehended the highest number of juveniles crimes followed by the district of Balangir, Baragarh, Jharsuguda, Subaranpur and Nawarangpur.
Table-13.4 Reported Juvenile Crimes in the district of Orissa during the period of 2003-2005. District Boys Girls Total Nawarangpur 14 14 Jagatsinghpur 2 2 Malakangiri 13 13 Puri 6 6 Jharasuguda 20 3 23 Baragarh 38 38 Balangir 36 4 40 Nayagarh 7 1 8 Boudh 10 10 Subaranpur 20 20 Khurda 112 112 Total 278 08 286 Source: Information available by using Right to Information Act, 2005.
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The inferences deduced from the whatever little statistics available on delinquent juvenile or children in conflict with law may be summarised as follows: (I) The over whelming majority of children involved in delinquent activities and juvenile or children in conflict with law are pretty offenders and their crimes are non-violent and nonserious. Most of the children who come in conflict with law as children from the deprived community and estranged families and majority of them come into conflict with law for their simple reason of survival and existence. The most common factor that brings children in conflict with law is the breakdown of their familial and protective environment arising out of death of the parents, separation or divorce of parents, migration to urban area as a result of chronic poverty or search in minimum livelihood for subsistence and broken relationship of children with their families, communities and society. This is empirical and has been evident from the incidences of juvenile crimes that district Khurda stands at the top of the districts. There has been a high concentration of slum population in the district, more particularly in the out skirt area of the Bhubaneswar city the State Capital. Finding no alterative to their struggle for survival in the urban areas, the migrated or estranged families often forced to fend their lives and of their families by working on the street, hotel, dhabas railway platform of unsettle environment. In their working life they more often come in contact with ill persons or criminals and as a result their livelihood options would take U-shape of criminalisation of livelihood. Their unacceptable activities gets compounded with the already personal crisis and thereby heading to a situation of potential conflict with law.
(II)
(III)
Article 37 & 40 of the UN CRC and international standards on the administration of juvenile justice requires States to establish a child centred, specialised justice system whose sole aim is childrens social re-integration. Thus, the juvenile justice system has to address the root causes for which children come into conflict with law rather than compound the challenges they face and expose them to what are often violent and in appropriate environment of human existence.
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TREND OF JUDICIAL RESPONSE TO JUVENILE JUSTICE: Gyan Ranjan Pattnayak Vs. State of Orissa [2004 (I) OLR-532] 1. Criminal Procedure Code, 1973 Section-482 Juvenile Justice Act, - Juvenile Whether Court entertaining a doubt about the age of accused as claimed should assess the age on the physical appearance or direct an enquiry to be conducted for determination of age Held, no scope for assessing the age on the basic of physical appearance of the accused petitioner. Juvenile-When the accused claimed himself to be a juvenile, onus lies upon him to prove that he was juvenile When oral and documentary evidence adduced by him not sufficient to discharge said onus. If on consideration of such materials two views are possible, the court should lean favour the accused.
2.
This is an important rulling on the basic of earlier of judgement of the Apex Court in Arnit Das Vs. State of Bihar (A.I.R., 2000 S.C.; 2264 & 2000, 5 SCC, 488) and Rajendra Chandra Vs. State of Chhattisgarh (A.I.R., 2002, S.C.; 748) regarding the crucial date determining the question either when the person is a juvenile when brought before the competent authority or the date of commission of such offence. Facts: This case was brought to the Orissa High Court against the decision of the Session Judge, Berhampur, who did not accept age of petitioner (16 years 8 months and 2 days) as mentioned in the petition and looking at the physique of the petitioner accused his age at more than 18 years on the date occurrence; petition was rejected. Ruling: The High Court has heavily relied the earlier judgement of Supreme Court in the case of Arnit Das & Rajendra, in determining verdict of this case. (I) Arnit Das v. State of Bihar: The Apex Court observed that the crucial date for determining the question whether a person juvenile is the date when he is brought before competent authority and not the date of the commission of such offence. Rajendra Chandra V. State of Chhattisgarh: The Supreme Court again observed that when accused claimed himself to be a juvenile, onus lies upon him to prove that he was a juvenile. If on consideration of both oral and documentary evidence, to views are possible, court should lean in favour of the accused.
(II)
The judgement of the Orissa High Court reiterated the principle fixed by the Supreme Court in the Arnit Das and ruled that the learned Session Judge had no scope of assessing the age on the basic of physical appearance of the petitioner. Bijender Singh Vs. State of Haryana, (AIR 2005 SC, 2262.) Arjit Pasayat and S.H. Kapadia, JJ. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000: The only point involved in this case is whether the accused who has admittedly more than 16 yrs. of age on 17.11.1999 (prior to enactment of JJ Act, 2000), when he purportedly committed offences punishable U/S. 302, 364, 201 read with sections 34 and 120 B of IPC, would be given benefits of Juvenile Justice (Care and Protection of Children) Act, 2000 and would not be governed by the JJ Act, 1986. Ruling: The distinction relating to the area of operation of the 1986 Act and 2000 Act has been laid down by the constitution bench of Supreme Court in Pratap Singh Vs. State of Jharkhand and another (JT 2005 (2) SC 271).
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(I) (II) (III)
in terms of the 1986 Act, the age of the offender must be reckoned from the date when the alleged offence was committed. the J.J. Act, 2000 will have a limited application in the case pending under 1986 Act. the court would be entitled to apply the ordinary rules of evidence for the purpose of determining the age of Juvenile taking into consideration the provisions of section 35 of the Indian evidence Act, 1872 as the model rules framed by the central Govt. has no statutory force.
Relying on the aforesaid Judgement, the Supreme Court opined that provisions of 2000 Act would be apply to those cases initiated and pending trial/inquiry for the offences committed under J.J Act, 1986 t provided that the person had not completed 18 years of age as on 1.4.2001- the appointed date from which provisions of JJ. Act, 2000 came into force. The Act is prospective in its operation. The embargo of giving a retrospective effect to a statute arises only when it takes away vested right of a person. By reasons of section 20 of 2000 Act no vested right of a person has been taken away, but thereby only an additional protection had been provided to a Juvenile. The Section 20 of the Act would have attracted only to those cases initiated and pending trial /inquiry or offences committed under old Act, provided person had not completed 18 years of age on 1.4.2001. If the trial Court has found the accused to be guilty of commission of an offence, a finding to that effect shall be recorded on the judgement of conviction. Instead of passing any sentence in relation to the Juvenile, he would be forwarded to the Juvenile Justice Board which shall pass orders in accordance with the provisions of the Act as if it has been satisfied on inquiry that a Juvenile has committed an offence. Pratap Singh Vs. State of Jharkhand and another 2005 (II) OLR (SC) 191; A.I.R. 2005, S.C.; 2731 [N. SANTOSH HEGDE, S.N. VARIAVA, B.P. SINGH, H.K. SEMA, AND S.B. SINAA, JJ] 1. JUVENILE JUSTICE ACT, 1986 Sec- 3, 26- Juvenile offender- Determination of AgeReckoning date- Date of occurrence or date when he is produced? Held, date of an offence and not the date when he is produced before the authority on in the Court. 2. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000-Sec.-20 Proceeding under 1986 Act- Applicability of Act Act of 2000 would be applicable if any proceeding is pending when the 2000 Act came into force and person had not completed 18 years of age. This case involves substantial questions of law and deserves to be heard by the constitution Bench of the Supreme Court. The instant case requires authoritative decision of two questions, which are as follows:a) Whether the date of occurrence will be the reckoning date for determining the age of the alleged offender as Juvenile Offender or the date when he is produced in the Court/competent authority. Whether the Act of 2000 will be applicable in the case if any proceeding initiated under 1986 Act and pending when the Act of 2000 was enforced with effect from 1.4.2001.
b)
Facts: - Consequent upon the FIR lodged before the police in Bokaro City on 1.1.1999 for the offence under sections 364 A, 302/201, IPC read with section 120 B, IPC, the appellant was arrested and produced before the C.J.M. on 22.11.1999. On the basis of evidence produced, it was proved that appellant was below 16 years of age as on 31.12.1998, the date on which alleged offence had been caused. The appeal had taken place in the apex court against the judgement passed by the High Court of Jharkhand that reckoning date is the date of production of the accused before the court and not the date of occurrence of the offence.
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Ruling: The judgement of the present case seems to be important not only it requires interpretation to the substantial questions of law but there were two conflicting judgement of the Apex Court in Amit Das Vs. State of Bihar and Umesh Chandra Vs. State of Rajasthan. Question: I) Whether the date of occurrence will be the reckoning date of determining the age of alleged offender as Juvenile offender of the date when he is produced in the court of competent authority?
The object of Juvenile justice Act, 1986 and JJ (Care and Protection of Children) Act, 2000, is to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent Juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles. The 1986 Act was holding the field till it was eclipsed by the emerge of 2000 Act w.e.f. 1.4.2001. The striking distinction between the 1986 Act and 2000 Act is that under the 1986 Act, a Juvenile means a male Juvenile who has not attained the age of 16 years and a female juvenile who has not attained the age of 18 years. In the 2000 Act, no distinction has been drawn between the male and female juvenile. The limit of 16 years in 1986 Act has been raised to 18 years in 2000 Act. Another notable distinction between the definitions of 1986 Act and 2000 Act is that in 1986 Act Juvenile in conflict with law was absent. Sub-section (e) of section 2 of the 1986 Act defines the delinquent juvenile as a juvenile who has been found to have committed an offence. Sub-section (1) of section 2 of 2000 Act defines Juvenile in Conflict with Law means a juvenile who is alleged to have committed an offence. The Supreme Court has heavily relied on section 3,18, 26 and 32 of the 1986 Act. Section-3- continuation of inquiry in respect of Juvenile who has ceased to be a juvenile. Section-18-Bail and custody of juveniles Section-26- special provision in respect of pending case. Section-32- Presumption and determination of age. The court has observed that a conjoint reading of the sections, preamble, aims and objects of the Act leaves no matter of doubt that the legislature intended to provide protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication. Citing the decision rendered by a three bench judgement of the Apex court in Umesh Chandra was the correct law, the constitutional bench opined that the relevant date for the applicability of the Act so far as age of the accused, who claims to be a child, is concerned, is the date of the occurrence and not the date of the trial. (II) Whether the J.J. Act 2000 will be applicable in the case if any proceeding initiated under 1986 Act and pending when the Act of 2000 was enforced w.e.f. 1.4.2001?
The counsel for the appellant submitted that any proceeding against any person pending under the 1986 Act would be covered by the 2000 Act and would extend the benefit of being a juvenile as defined under the 2000 Act, if at the time of the commission of the offence he was below the age of 18 years. The counsel strongly referred the provisions contained in section 20 of the Act and Rules 61 and 62 framed by the Central Government. The counsel for the respondent contended that the 1986 Act has been repealed by section 69 (1) of the 2000 Act, and therefore, the provisions of 2000 Act would not be extended to a case or inquiry initiated and pending under the provisions of the 1986 Act, the Act of 2000 being not retrospective.
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The judgement of this case was based on section 20 of the 2000 Act and Rule 62. Section-20 reads, Notwithstanding anything contained in this Act, all proceedings in respect of a juvenile pending in any court in any area on the date on which this Act comes into force in that area, shall be continued in that court as if this Act had not been passed and if the Court finds that a Juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the Board which shall pass orders in respect of that juvenile in accordance with the provisions of the Act as if it had been satisfied on inquiry under this Act that a juvenile has committed the offence. The term any Court in the aforesaid section has great significance, because it includes ordinary criminal courts. If the person was a juvenile under the 1986 Act the proceeding would not be pending in criminal courts. They would be pending in criminal courts only if the boy had crossed 16 years or girl had crossed 18 years. This shows that section 20 refers to cases where a person had creased to be a juvenile under the 1986 Act but had not yet crossed the age of 18 years then the pending case shall continue in that court as if the 2000 Act has been passed. Rule 62 speaks: (i) No Juvenile in conflict with law or a child shall be denied the benefits of the Act and the rules made there under. (ii) All pending cases, which have not received finality, shall be dealt with and disposed of in terms of the provisions of the Act and the rules made there under. (iii) Any juvenile in conflict with law, or a child shall be given the benefits under subrule (1), and it is hereby clarified that such benefits shall be made available not only to those accused who has juvenile or a child at the time of the commission of an offence. But also to those who creased to be a juvenile or a child during the pending of any enquiry or trial. Citing the earlier decisions Bhola Bhagat V. State of Bihar; Gopinath Ghose V. State West Bengal and Pradeep Kumar V. State of U.P.; the Supreme Court hold that the provisions of 2000 Act would be applicable to those cases initiated and pending trial/inquiry for the offences committed under the 1986 Act provided that the persons had not completed 18 years of age as on 1.4.2001. In the nutshell, the judgement is like this1) The reckoning date for the determination of the age of the juvenile is the date of an offence and not the date when he is produced before the authority or in Court. 2) The 2000 Act would be applicable in a pending proceeding in any Court/Authority initiated under the 1986 Act and is pending when 2000 Act when came into force and the person had not completed 18 years of age of on 1.4.2001.
Referred to: 1. 2. 3. 4. (2000) 5 SCC 488: Arnit V. State of Bhiar. (1982) 2 SCC 202: Umesh V. State of Rajasthan. (1997) 8 SCC 720: Bhola V. State of Bihar. (1989) (Supp) SCC 228: Gopinath V. State of West Bengal. 1995 Supp. (4) SCC 419: Pradeep V. State of U. P
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CHAPTER-XIV
TRIBAL CHILDREN
A Situational Analysis.
The social stratification in India is based on the principles of class, status and caste. Hence, its members suffer from economic as well as non-economic, that is social, cultural, religious and educational disabilities. More often, these people have been recognised as unprivileged section of the society and are proverbially termed as backward classes. The backward classes in India form an aggregate of close status groups. They belong to these groups by birth, not because of their individual economic characteristics. The identity of the caste is hereditary and social stratification is hierarchical in structure with typical arrangements of varna system of brahimins, kshyatria, vaisya and shudra with innumerable jati or caste and a group of people who are treated as outcaste have been performing the dirty and polluted work. The horizontal social mobility is few and far between but vertical mobility has been almost impossible. There are three broad divisions among the backward classes, namely, (i) scheduled castes (Harijans), (ii) scheduled tribes (Girijans) and (iii) other backward classes. The first two groups are listed in the constitution while the third group is unlisted and commonly used as a political term. The Part XVI of the Constitution of India embodies the special provisions relating to certain classes and in particular to Scheduled Castes and Scheduled Tribes. The scheduled castes and the Scheduled Tribes are specified in article 341 & 342 of the Constitution respectively. The head of the State, the President of India, is vested with power to specify the tribes or tribal community or parts of or groups within the tribes or tribal community to be considered as scheduled tribes for the purposes of the Constitution of India. The word tribe is generally used for a socially cohesive unit, associated with a territory, the members of which regard them as politically autonomous. (Mitchell; 1979, 232). The tribals have a strong sense of their distinctiveness and separate themselves from non-tribal. Language is one of the strong traits by which they identify themselves. The Mundas and Santhals are identified as distinct tribes on the basis of their spoken languages. Majority of tribals in India live in hilly and forest area where population is sparse and communication difficult. They are spread over the entire country and largely concentrated in the State of Chhatisgarh, Jharkhanda, Orissa, Madhya Pradesh, Rajastan, Gujrat ,Maharashtra and the north-eastern States. The scheduled tribes occupy the bottom most of the social ladder. They constitute weaker section of Indias population from ecological, demographical, economic and cultural angles. Ecologically, the tribes are isolated. Demographically, they are concentrated in selected geographical area. Economically, the bread and butter of their life are tied with forest and shifting cultivation. Culturally, the tribes enjoy a unique style of life characterised by a distinct language and heritage. They are the bulk of the matrix of Indias poverty. From the historical point of view they have been subjected to the worst type exploitation and social injustice. The Constitution of India has adhered the principles of a welfare State and this is clearly evident from its preamble of providing justicesocial, economic and political-to all its citizens. Foreseeing the social maladies and economic exploitation would be meted to the scheduled caste and scheduled tribes, the framers of the constitution did think like the social doctors and they stood with the commitment for the development of people in general and of vulnerable sections in particular. Enough constitutional protection for securing the rights of the SCs & STs has been provided since the enactment of the Constitution on 26th January 1950. To quote the verbatim of article 46 of the constitution the State shall promote with special care the educational and economic interest of the weaker sections of the people, and in particular, of the scheduled castes and scheduled tribes, and shall protect them from social injustice and all forms of exploitation. The article seems to denote that there are some categories of people who are neither SC nor ST, but are generally the weaker sections of the population. Nowhere, the constitution has defined the expression of weaker sections. However, the Supreme Court in the case of Indra Sawhney Vs. Union of India has clarified that the expression of weaker sections of the people is wider than the expression backward class of citizens.
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Article 15 (4) empowers the State for making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes. Despite the protection given to the tribal population by the constitution of India, they still remain the most backward ethnic group in India, on the three key indicators of development health, education and income.
Tribal Demographic in Orissa:
There are 533 tribes as per notified scheduled under article 342 of the Constitution of India in different States and Union Territories of the Country with the largest number of 62 being in Orissa. There are 13 sections of these tribes in the State of Orissa who have been identified as primitive tribes. The term primitive tribe was often used by western Anthropologist to denote a primary aggregate of people living in a primitive and barbarous conditions under a headman or chief. (Encyclopaedia of Social Sciences; Vol. 15). The tribals mostly inhabit the western hilly regions and Southern part of the State, mainly in or in close proximity to forests. More than 60% of Orissa Tribal Population is found in the district of Mayurbhanj, Sundargarh, Rayagada, Nawarngpur, Koraput, Keonjhar, Kandhamal and Kalahandi, while undivided Koraput alone accounts 23.4% of the tribal population of the State (2001 Census).
Orissa is considered as the homeland to the tribals having a total tribal population of over 8.1 million, which constitute 22.13% of the State population according to the census 2001. Orissa has the third highest population, in terms of share of scheduled tribe population to total population, among the major States of the Indian Union. The tribals continue to live in isolated area and they have been experiencing intense discrimination and exclusion in securing their basic civil, political, economic and cultural rights. According to 1991 Census, the population of the scheduled tribes in the State was about 7 million, which was 22.21% of the total population in the State.
Table-14.1 District-wise Share of Scheduled Tribe Population to Total Population in Orissa (Census-2001) Sl. Name of the Total S.T % of S.T. No. District Population Population Population to Total Population 1 Angul 1140003 132994 11.67 2 Balasore 2024508 228454 11.28 3 Bargarh 1346336 260691 19.36 4 Bhadrak 1333749 25141 1.88 5 Bolangir 1337194 275822 20.63 6 Boudh 373372 46557 12.47 7 Cuttack 2341094 83591 3.57 8 Deogarh 274108 92103 33.60 9 Dehenkanal 1066878 136501 12.79 10 Gajapati 518837 263476 50.78 11 Ganjam 3160635 90919 2.88 12 Jagatsinghpur 1057629 8640 0.82 13 Jajpur 1624341 125989 7.76 14 Jharsuguda 509716 159757 31.34 15 Kalahandi 1335494 382573 28.65 16 Kandhamal 648201 336809 51.96 17 Kendrapara 1302005 6822 0.52 18 Keonjhar 1561990 695141 44.50 19 Khurda 1877395 97186 5.18 20 Koraput 1180637 585830 49.62 21 Malkangiri 504198 289538 57.43 22 Mayurbhanj 2223456 1258459 56.60 23 Nawarangpur 1025766 564480 55.03 24 Nayagarh 864516 50836 5.88 25 Nuapara 530690 184221 34.71 26 Puri 1502682 4482 0.30 27 Rayagada 831109 463418 55.76 28 Sambalpur 935613 322770 34.50 29 Subaranpur 541835 52978 9.78 30 Sundargarh 1830673 918903 50.19 Orissa 36804660 8145081 22.13
CLAP138 Table-14.2 Share of S.T. Population and indicator of Human Development index in 30 district of Orissa.
District % S.T. Population to Total Population 57.43% 56.60% 55.03% 51.96% 50.78% 55.76% 50.19% 49.62% 44.50% Literacy Rate Health Index Income Index Literacy Index Education Index Human Development Index Value Human Development Index Rank
(1) Districts with 40% or more Tribal Population Malkanagiri Mayurbhanj Nawarangpur Kandhamal Gajapati Rayagada Sundargarh Koraput Keonjhar (2) Districts with 25%-40% of Tribal Population Nuapada Samablpur Deogarh Jharasuguda Kalahandi (3) Districts with 10% -25% of Tribal Population Bolanagir Bargarh Dhenkanal Boudh Angul Balasore
30.53 51.91 33.93 52.68 41.26 36.15 64.86 35.72 59.64
0.122 0.782 0.340 0.006 0.173 0.250 0.692 0.218 0.340
0.497 0.489 0.453 0.516 0.558 0.547 0.618 0.539 0.547
0.313 0.524 0.343 0.530 0.417 0.356 0.652 0.362 0.598
0.491 0.647 0.516 0.645 0.561 0.531 0.740 0.535 0.704
0.370 0.639 0.571 0.389 0.431 0.443 0.683 0.431 0.530
30 9 26 29 28 25 4 27 24
34.71% 34.50% 33.60% 31.34% 28.65%
42.00 67.25 60.36 70.65 45.94
0.692 0.436 0.776 0.635 0.763
0.485 0.590 0.532 0.757 0.471
0.423 0.670 0.608 0715 0.462
0.582 0.742 0.689 0.773 0.585
0.581 0.589 0.669 0.722 0.606
14 13 5 2 11
20.63% 19.36% 12.79% 12.47% 11.67% 11.28%
55.70 63.99 69.42 57.73 68.79 70.56
0.468 0.449 0.776 0.423 0.481 0.442
0.504 0.517 0.534 0.497 0.748 0.466
0.549 0.641 0.701 0.584 0.694 0.709
0.666 0.727 0.773 0.688 0.760 0.770
0.546 0.565 0.669 0.591 0.663 0.559
21 17 12 23 6 18
(4) District with less than 10% of Tribal Population to Total Population. Sonepur 9.78% 62.89 Jajpur 7.76% 71.44 Nayagarh 5.88% 70.52 Khurda 5.18% 79.59 Cuttack 3.57% 76.66 Ganjam 3.88 60.77 Bhadrak 1.88% 73.86 Jagatsinghpur 0.82% 79.08 Kendrapara 0.52% 76.81 Puri 0.30% 77.08 ORISSA 22.13 63.08 Source: Orissa Human Development Report;2004
0.474 0.333 0.462 0.724 0.686 0.404 0.673 0.288 0.596 0.622 0.468
0.492 0.499 0.485 0.639 0.587 0.532 0.463 0.549 0.466 0.527 0.545
0.641 0.722 0.710 0.802 0.761 0.629 0.746 0.796 0.773 0.784 0.636
0.731 0.786 0.766 0.845 0.813 0.718 0.803 0.833 0.815 0.823 0.723 Table-14.3
0.566 0.540 0.571 0.736 0.695 0.551 0.646 0.557 0.626 0.657 0.579
16 22 15 1 3 20 8 19 10 7
Types of Tribal in Orissa
The Tribals of Orissa spread over the entire geographical area of the State with large concentration in the district of Malkanagiri, Mayurbhanj, Nawarangpur, Kandhamal, Gajapati, Rayagada, Sundargarh, Koraput and Keonjhar. More than 80% of scheduled tribes live in designated scheduled areas as stipulated in the Fifth Scheduled of the Constitution. Scheduled Areas constitute more than 44% of the State land area in Orissa. They cover more than 60% of the tribal population and as many as 118 blocks in 12 districts are tribal majority blocks. Out of 62 tribes in Orissa, the prominent among them are Santal, Juang, Saora, Bonda and
District Mayurbhanja Keonjhar Balasore Cuttack Puri Dhenkanal Sambalpur Sundargarh Bolangir Kandhamal Ganjam Kalahandi Koraput
Tribals Santal, Kharia, Kolh, Lodha, Bathudi, Bhumija, Ho, Munda, Saunti Bhuinya, Juang, Bathudi, Gond, Kolha, Munda, Santals, Sabar, Saunti Santal, Bathudi, Bhumij, Kolha Saora, Kolha, Munda, Sabar Lodha Saunti, Sabar Khond, Saora Juang, Gond, Khond, Munda, Saora, Sabar Saora, Munda, Binjhal, Kisan, Bhuiyan, Binjhia, Gond, Kharian, Oraon, Khond, Mirdha Bhuinya, Oraon, Gond, Kisan, Kharia, Munda Kondha, Gond, Binjhal, Dal, Saura, Sabar Lodha Kondh, Gond Kondh, Sabar, Saora Kondh, Bhotoda, Gond, Paraja, Sabar Diadyi, Koya, Kondh, Saura, Paraja, Bond, Gadaba, Bhotada, Bhumia, Gond, Omanatya
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Kondha. The socio cultural life of the State has been greatly shaped and influenced by continuing tribal tradition. In terms of district-wise tribal population, the tribal communities found in Orissa is represented in table-14.3.
For various historic and socio cultural reasons, the scheduled tribes are a vulnerable section in Orissa, no matter the similar type of conditions is very much prevalent even at the national scenario. Several macro indicators of tribal development of relating to education, health, employment, income and work participation, points towards an adverse status of scheduled tribes vis--vis the general population. The scheduled tribes comprise a decisive segment of the poverty struck population in the State of Orissa. Development of Scheduled Tribes has been given priority in successive Five Years Plans and of late, huge public expenditure programmes have been directed to achieve the objectives of tribal development in Orissa with the significant focus to the 8 districts of KBK region. However, the outcome of the administrative intent and legislative programme are not properly realised. The status of any social group is determined by economy poverty, health-nutrition and literacy-education. Let us make a brief presentation of persistence problems of tribals in Orissa. 1.Poverty Conditions: Poverty robs human identity and erodes the human dignity. In Orissa, nearly 17.7 million are below the poverty line and they are living in penetrative conditions of extreme human deprivation. Orissa ranks top of the list among the State and Union Territory of India as far as percentage of people live below poverty line is concerned. The perpetual poverty in Orissa has been abhorrent to the ideals of justice and equity that are embodied in the constitution of India. Despite the presence of number of schemes for upliftment of the poor, there has not been much change in the poverty trends, over the years. Poverty is more pervasive among the tribals, who are the poorest social groups in the State. The implementation of poverty reduction programmes in the tribal areas is to some extent palliative, but they are not as effective to reduce the poverty. Among the scheduled tribes, the percentage of people below poverty line is estimated to be 73.08% as per the Human Development Report 2004.
Table-14.4 Statistics of Families are BPL in the district having more than 25% of population belongs to Scheduled Tribes
District Number of Rural Families in BPL as per Survey 1992 89138 374867 158684 113970 68763 135785 185969 221846 220820 99465 90141 43571 33415 193054 Number of Rural Families in BPL as per Survey 1997 108870 482176 215429 145335 112029 188499 285141 264707 286923 127022 150799 55298 68164 307835 Number of Rural Families in BPL as per survey 2002 116661 504002 240221 153413 118830 165155 328076 280283 298837 82768 194792 59286 80071 302793
Socio-Economic Problems of the Tribals in Orissa
Malkanagiri Mayurbhanj Nawarangpur Kandhamal Gajapati Rayagada Sundargarh Koraput Keonjhar Nuapada Samablpur Deogarh Jharasuguda Kalahandi
Poverty is spatially concentrated in Orissa. A large proportion of population in western and southern Orissa are very poor. The people of such part are physically excluded from the want of rural connectivity and communication, assess to health services and education. The 8 districts of KBK region, comprising the district of Kalahandi, Nuapada, Bolangir, Sonepur, Koraput, Malkanagiri, Nawarangpur and Rayagada is considered as one of the poorest regions not only the State but also in the Country with about 71.40% of families living below poverty line. Similarly, the district of Kandhamal and Gajapati and other parts of western Orissa are also very backward and human deprivation in terms of socio-economic development of these districts continues to be appalling. Tribals are predominantly rural and as result they are deprived from getting the services of urban infrastructure. The prime occupations of tribal are hunting, shifting cultivation to settle agriculture; rural crafts and they are also heavily dependent on forest produce for their livelihood. The agricultural growth in Orissa is almost stagnant. The forest resources, main source of sustenance to a
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majority of tribals, have been highly degraded. Of late, the tribal lands have been sold by the government at throwaway price to establish industries for the false promise of development. The tribes suffer from low income as well as low consumption and as a result there is high level of poverty. This is reflected in the proportion of persons falling below poverty line. 2. Illiteracy: There are overwhelmingly literate among the tribes. Recognising the Census 2001, the overall literacy rate of tribals is 37.37%. This is significantly lower than that of the general population (63.08%) and is even lower than the literacy rate of 55.53% among the scheduled castes. The literacy rate of tribal male is 51.48%; which is much lower than the State average of 75.35%. The female literacy rate of 23.37% is also lowest of all social groups in terms of literacy. When education is considered to be the heart of all development, it is evident that education scenario among scheduled tribes is in a very bad shape. 3. Health: The tribals of Orissa suffer from high morbidity on account of under nutrition, endemic malaria and other local diseases. Most of the diseases taking heavy tolls among the tribal are water borne diseases and this has been mainly due to unsafe and contaminated drinking water. The most perennial problem in the tribal pockets is the poor health care facilities and it has been observed that large number of public health centres to which people have immediate access have been functioning without a doctor. This is precisely due to the reluctance of doctors to be posted inaccessible areas of tribal pocket and complete failure of administrative machinery in providing the best quality of health services to the tribals who are likely to vulnerable to the common diseases. Lack of the services of modern health care system is considered to be the most important factors for which the tribals are still adhering to their traditional cultural practices as far as the health of children as well as pregnant mother is concerned.
Table-14.5 District-Wise Tribal Literacy Rate in Orissa
Sl. No. District Scheduled Tribes (ST) Total Male Female
The health of the women and children is at great risk. The tribal women, constitute as in as any other social group, about half of the total population. However, the importance of women in the tribal society is more as in other social groups because of the fact that unlike the women in the others social groups, the tribal women works hard to contribute the product of their labour to the family economy for the survival and management of families. Regrettably, the nutrition status of tribal women is much worse compare to the women of the general population or women of scheduled caste. As estimated in Orissa Human Development Report 2004, that the women with any anaemia is 74.7% among tribal women, which is significantly higher than that for general population (54.4%) and scheduled tribes( 66.3%).
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Angul Balasore Bargarh Bhadrak Bolangir Boudh Cuttack Deogarh Dehenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkangiri Mayurbhanja Nawarangpur Nayagarh Nuapara Puri Rayagada Sambalpur Sonepur Sundargarh Orissa
45.35 31.88 50.20 27.44 43.64 46.65 35.75 45.26 39.41 27.77 35.54 48. 62 31.41 57.23 34.17 44.47 40.07 40.30 49.91 18.68 14.69 38.80 24.00 47.09 13.12 58.72 20.23 52.67 52.16 52.75 37.37
60.25 45.63 65.87 38.00 61.96 68.29 50.49 59.41 53.69 41.60 50.22 59.87 45.48 71.86 51.70 62.72 53.52 54.63 65.43 29.25 22.05 54.11 36.86 64.81 50.69 73.37 31.16 66.92 69.53 64.66 51.48
30.05 17.69 34.44 16.43 25.52 25.81 20.14 31.23 24.66 14.83 20.65 35.91 16.93 42.27 17.15 26.87 25.21 25.97 33.07 8.38 7.50 23.51 11.12 28.83 16.18 42.11 10.07 38.40 34.29 40.90 23.37
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Situational Analysis of Tribal Children in Orissa: The Census 2001 reveals that the scheduled tribes population in the State is 8.14 million and the child population in the 0-14 years of age group is 3.08 million. The share of 0-14 years scheduled tribes child population is estimated to be 37.8% of the total tribal population; a figure which is much higher than the share of all categories of children in the same age group (33.1%) to the general population. The tribal children in the aged group of 0-14 years makes share of 25.2% to the total children of the State in the same age group. The share of tribal children to total children is significantly higher than the share of tribal population (22.13%) to the total population of the State. Considering the magnitude of share of tribal children to total children of Orissa, it is highly essential on the part of the State to give added importance and make more budgetary allocation for the development of tribal children.
Table-14.6 District-wise Scheduled Tribes Children (0-14 Yrs.) in Orissa.
Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 District
Angul Balasore Bargarh Bhadrak Bolangir Boudh Cuttack Deogarh Dehenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkangiri Mayurbhanj Nawarangpur Nayagarh Nuapada Puri Rayagada Sambalpur Subaranpur Sundargarh
Total 51066 93733 83481 10407 91370 15453 29977 34459 50360 110591 44611 3122 51756 53799 135544 136581 2723 276539 35066 220268 112909 495501 225441 16073 66031 1437 178753 11234 17845 335671 3082413
Total Boys 26030 48169 42233 5442 46365 7873 15300 17251 25783 57077 17536 1604 26861 27037 68168 69814 1395 141038 181180 113127 57722 255574 114576 8222 33360 746 91701 56608 8965 169312 1573069
Girls 25036 45564 41248 4965 45005 7580 14677 17408 24577 53514 16490 1518 24895 26762 67376 66767 1328 135501 16886 10741 55187 239927 110865 7851 32671 691 87052 55823 8880 166359 1509344
Total 46205 86037 81308 9291 88752 15330 27409 32807 48597 109987 32865 1823 49769 43625 133238 134374 2422 257185 23375 208710 111015 485509 223112 15893 65206 1247 173695 102307 17293 294185 2922571
Rural Boys 23515 44047 41117 4742 45023 7814 13963 16446 24851 56722 16914 924 25832 21910 67050 68702 1251 131168 11991 107247 56725 250600 113328 8098 32944 616 89133 51479 8669 148547 1491368
Girls 22690 41990 40191 4549 43729 7516 13446 16361 23746 53265 15951 899 23937 21715 66188 65672 1171 126017 11384 101463 54290 234909 109784 7795 32262 631 84562 50828 8624 145638 1431203
Total 4861 7696 2173 1116 2618 123 2568 1652 1763 604 1161 929 1987 10174 2306 2207 301 19354 11691 11558 1894 9992 2329 180 825 190 5058 10124 522 41486 159842
Urban Boys 2515 4122 1116 700 1342 59 1337 805 932 355 622 680 1029 5127 1118 1112 144 9870 6189 5880 997 4974 1248 124 416 130 2568 5129 296 20765 81701
Girls 2364 3574 1057 416 1276 64 1231 847 831 249 539 619 958 5047 1188 1095 157 9484 5502 5678 897 5081 1081 56 409 60 2490 4995 256 20721 78141
Orissa Source: Census-2001.
1. Sex Ratio: The overall sex ratio among scheduled tribes is 1003, that is there are 1003 females per
every 1000 males in the tribal population, as estimated in the census 2001. The sex ratio in aggregate population for the State is 972. The sex ratio among scheduled tribe population is 1003 as against 978 at AllIndia level. However, the disturbing element of unfavourable sex ratio is quite visible in regards to child sex ratio (0-14 yrs.) among the tribal population. As it is computed, there are 959 girls per 1000 boys among the scheduled tribe children in the age group of 0-14 years as against 957 girls to every 1000 boys in the same age category of aggregate population. While the demographic profile of child population stood this, it is demonstrating that the gender imbalances among tribal population would be wider in future.
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2. Early Childhood Care: Early Childhood years constitute a special time for growth and development of a child. The constitution of India has recognised the importance of care and education in the early childhood years. The responsibility of the State for care and development of children in the early parts of their life has been ascertained in the Directive Principles of State Policy of the Indian Constitution. As a matter of which, the policy and programmes of the government shall be directed to incorporate the best interest of the children in the early days of their life. As a consequence to the enactment of National Policy for Children 1974, the government of India had launched a comprehensive programme in the nomenclature of Integrated Child Development Services (ICDS) Schemes in the year 1975. The objective of ICDS to provide basic services in critical areas like nutrition, health, immunisation and pre-school education to children of 0-6 years aged as well as to pregnant and lactating mothers. The ICDS has been functioning through the network of AWCs. The guidelines of the schemes envisage one rural/urban project or one lakh population and one tribal project for 35,000 populations, with one AWCs for 1000 population in rural/urban projects and for 700 populations in tribal projects. So in the tribal areas one AWCs is permissible for 700 populations. There are 14 districts in the State having more than 25% of the total population belongs to scheduled tribes and they include Malakanagir, Mayurbhanj, Nawarangpur, Kandhamal, Gajapati, Rayagada, Sundargarh, Koraput, Keonjhar, Nuapada, Sambalpur, Deograh, Jharasuguda and Kalahandi. As per the guidelines fixed by the Central Government the minimum requirement of AWCs for the above 14 districts is to be 20522 as against the existing 16338 AWCs. 3. Health: India, being a
Table-14.7 Welfare State, is under Indicators of Health Care Services in the District having Scheduled Tribes constitutional obligation to Population of more than 25 percent provide cheap and efficient Area Populati Populat Populati SN District Total Covered on ion on Medi health services to the people. per One Served Served Served cal Apparently, the services of Medical per One per per One Institution public health care systems is Institut Bed Medical Doctor Institut ion extremely required to the ion (In Sq.km) people of State like Orissa, 1 Malkanagiri 39 12928 148.5 7525 1762 which is characterised with 2 Mayurbhanj 115 19334 90.5 8551 2800 3 Nawarangpur 50 20515 105.8 12211 4346 higher concentration of 4 Kandhamal 56 11575 123.4 4986 1596 scheduled castes and 5 Gajapati 30 17295 144.1 9102 2607 scheduled tribes population 6 Rayagada 49 16961 144.3 9133 3629 and fairly higher incidence 7 Sundargarh 82 22325 118.4 9245 2996 8 Koraput 65 18164 135.4 8373 3382 chronic poverty. The main 9 Keonjhar 84 18595 98.8 9028 3115 objectives of health policy of 10 Nuapada 23 23073 167.5 10013 3358 the Nation as well as of the 11 Samablpur 45 20791 147.9 6237 821 12 Deogarh 12 22842 245.0 9452 2322 Government of Orissa, (i) to 13 Jharasuguda 22 23168 94.5 10194 4719 provide adequate and 14 Kalahandi 62 21540 127.7 9147 2719 qualitative, preventive and Orissa 1704 21679 91.4 7462 2663 Note: The ratio of number of Population served by One Medical Institution and the Bed to curative health care; (ii) to Population Ratio is computed on the basis of Population of District as per 2001 Census. ensure health care services to Source: Health Indicator Orissa & India; Health and Family Welfare Department, Govt. of all, particularly to Orissa disadvantaged groups like scheduled tribes, scheduled castes backward classes and women; (iii) to reduce maternal and infant mortality and to improve maternal and child health; (iv) to ensure greater access to primary health care by providing medical institutions as close to the people as possible or through mobile health units, particularly in the under served and less developed districts; (v) to improve hospital services at primary, secondary and territory levels in terms infrastructure, drugs and personnel; (vi) to prevent and to control communicable diseases and (vii) to improve health care facilities in the KBK region of the State. This health policy seems to be an ideal by itself, but unfortunate thing is that it has been a policy of only paper transaction and no significant improvement has so far been made to provide the health facilities of public standards.
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The physical and economic access of people to public health care system is a must. Physical access requires the services of health care facilities in the nearest place. It also means that the ratio of population covered to health care system as well as the coverage of area to population served should have parity. Economic access refers to direct cost of accessing the services. In Orissa, neither the population covered per public health care facilities nor area coverage of public health care system is laudable. As calculated on the basis of census 2001, Orissa has one health centre for every 21679 population. The doctor to population ratio in Orissa is 1:7462 and bed to population ratio is 1:2663 as against the National ratio of 1:1916 and 1:1451 respectively. Although the number of people served per medical institution in the district like Malkanagiri, Mayurbhanj, Nawarangpur, Kandhamal, Gajapati, Rayagada, Sundargarh, Koraput, Keonjhar and Sambalpur is found relatively lower than the State average, the picture of these districts, with an exception to Mayurbhanj, in regard to area served per one medical institution is very poor. The mean radical distance covered by one medical institution is highest of 8.8 kms in Deogarh district followed by Nuapada (7.3 kms), Sambalpur (6.8 kms), Rayagada and Gajapati (6.7 kms) and Koraput (6.5 kms). Thus the physical access of people to health care institutions in these districts has been definitely poor and the problem is compounded by factor of lack of rural connectivity and transport facilities. The access of the tribals either to the health care system in the distant place or to the private health care system has been greatly circumspect due to the poor economic conditions. The poor health status of tribals is evident from the high rate infant mortality. As it has been estimated in RCH-Survey, 2002 that the IMR was 103 for Malkanagiri district, 93 in Rayagada, 84 in Keonjhar, 79 in Khandhamal, 73 in Sundargarh, 69 in Nuapada and 59 in Sonepur & Mayurbhanj district. In some of the tribal pockets the IMR could be as high as 100 per 1000 live births. Not only children, but also women are vulnerable to diseases. Child health is invariably related to the mothers health. The tribal women are the most neglected social group in Orissa as far as health and nutrition is concerned. The District Level Household and Facility Survey on RCH (Round-II, 2002-2004) Orissa, have shown the key indicators on reproductive and child health. While only 15.7% of women in the State as a whole receive full antenatal check-up, this even worse in the tribal district like Malkanagiri (7.5), Kandhamal (12.8), Sonepur (13.8), Nawarangpur (14.3) and Sundargarh (14.5). Similarly the percentage of institutional delivery remains abysmal in the district of Malkanagiri, Koraput, Keonjhar, Rayagada, Nuapada in comparison to than that of institutional delivery at the State Level (Table-3.4). Another shocking statistics is also found RCH Survey on early marriage of girls, what could be the factor of high infant mortality and pregnancy of complication among little mothers. In Orissa, 23.1% of girls married before 18 years of age but great deal of variation is found among the districts having high concentration of scheduled tribes. The districts where girls get married before the attainment of legal age of marriage of 18 years are Malkanagiri (49.3%), Koraput (43.9%), Nawarangpur (44.0%), Boudh (43.0%), Gajapati (40.1%), Sonepur (38.2%), Mayurbhanj (34.0%) and Keonjhar (28.9%). According to National Family Health Survey-II, the percent of women with anaemia was 74.7% among the scheduled tribe women.
4. Nutrition: The State of Orissa is characterised by relatively high percentage of malnutrition and infant
mortality. The Annual Report (2004-2005) of W & CD Department, Govt. of Orissa has also acknowledged that 19 districts come under the high and very high prevalent zone of malnutrition among 0-3 years aged group children. The district include, Angul, Balasore, Bhadrak, Bolangir, Deogarh, Gajapati, Jajpur, Jharasuguda, Kalahandi, Kandhamala, Keonjhar, Koraput, Malkanagir, Nawarangpur, Nuapada, Rayagada, Sambalpur, Sonepur and Sundargarh. Although huge investment has been made for food security in the KBK regions and implementation of supplementary nutrition programme and special nutrition programme to supplement the daily nutritional intake, the magnitude of malnutrition has not yet dropped to a substantial level. In the undivided KBK districts, as it is estimated, 67.5% of children in the aged group of 0-3 years and 67.7% in 3-6 years aged group children have suffered from either type of malnutrition.
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5.Education: Education is key to all development, but education among the scheduled tribe children is in dismal shape. Down from National Policy for Education (1986) to Sarva Shiksha Abjhyan (SSA), importance has been laid on the education of tribal children. One of the key objectives of SSA is to bridge the social category gaps at primary stage of education by 2007 and at upper primary stage by 2010. Looking at the poor literacy rate among scheduled tribe population, in particular the female literacy, the enrolled children are most likely to be the first generation learner of their respective family. In such circumstances, mere enrolment is not enough unless it is followed by retention and type of education being imparted causes moral and cognitive development of children. Scheduled Tribes Children have poor ability to concept acquisition and comprehension. Largescale failure of tribal children has been due to learning difficulties and poor intellectual abilities. The display of poor performance of tribal children is mainly due to economic deprivation, malnutrition and low parental education and lack of early childhood care and proper environment as well as the factors of inadequate schools in the communities, poor motivation of teacher and lack of administrative responsibility. The volume of education among tribal children is quite evident from the table-14.8
Table-14.8 District-wise the dropout rate among Scheduled Tribe Children in Orissa
Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 District Primary Dropout Rate 29.31 53.43 14.91 62.89 38.56 61.64 41.93 56.40 20.62 30.08 29.40 49.75 69.26 38.92 52.11 50.85 21.88 50.77 44.82 47.07 54.83 58.64 57.85 32.76 53.17 19.48 26.71 16.46 19.91 52.27 40.97 UpperPrimary Dropout Rate 48.85 71.37 47.27 89.25 68.25 82.67 75.11 66.42 57.11 59.31 38.95 79.90 86.19 62.83 72.43 74.83 52.65 63.90 73.90 79.16 85.27 67.59 77.71 61.67 75.55 28.13 73.22 46.98 51.73 63.95 65.91
Special Schemes for the Scheduled Tribes Children: There are number of schemes and
programmes being implemented in Orissa pertaining to the welfare of scheduled tribe children, in general and improvement of education as well as reduction of nutritional deficiency, in particular.
Angul Balasore Bargarh Bhadrak Bolangir Boudh Cuttack Deogarh Dehenkanal Gajapati Ganjam Jagatsinghpur Jajpur Jharsuguda Kalahandi Kandhamal Kendrapara Keonjhar Khurda Koraput Malkanagiri Mayurbhanja Nawarangpur Nayagarh Nuapara Puri Rayagada Sambalpur Subaranpur Sundargarh Orissa
Source: Base Paper on Elementary Education; School and Mass Education Department, Government of Orissa.
a) Educational Development for ST Children: Literacy is the robust indicator of progress and prosperity. Considering the extent of illiteracy rate among scheduled tribes, education is most likely to be a thrust area for the socio-economic development of the scheduled tribes population. As it is has been recognised that the mother shapes the structure of child personality, utmost importance should be given to women education. With an objective to improve education among the disadvantaged groups of the society, National Programme of Education for Girls at Elementary Level (NPEGEL) was launched in November 2003 for providing additional components for progress of girls education in educational backward blocks and SC/ST blocks. The Government of Orissa with the assistance from the Central Government has undertaken various measures to improve the literacy level of the scheduled tribe population. Special educational institutions have been set up for imparting education exclusively to scheduled caste and scheduled tribes children and these institutions are under the administrative control of Scheduled Tirbes and Scheduled Castes Development Department. Sevaashrams and residential Sevaashrams are co-educational schools imparting education of to class-V in tribal sub-plan area. During 2005-2006, 1031 Sevaashrams (Primary) and 143 Residential Sevaashrams (Primary) were functioning in the State. Similarly Ashram Schools and Kanyashrams are Residential School imparting education to class-VI and VII students.
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During 2005-2006 there were 143 Ashram Schools and 37 Kanyashrams Schools were functioning in the State. In order to make education popular among, ST/SC and to increase the enrolment rate, the government is providing hostels facilities to the students. At present, there are 1548 Primary School Hostels, 400 Primary ST Girls Hostel and 7 Special Adivasi Hostels in the State. To make higher education accessible to tribal children, there are 218 Residential High Schools comprising 163 co-education High School and 55 Girls High School. With an objective to provide quality education to meritorious tribal students, there are 10 model tribal schools in the 8 districts under the management of Orissa Model Tribal Education Society. In order to make sure of higher retention in primary and upper-primary schools as well as to encourage the ST Students to avail higher education, government of Orissa is also providing pre-matric and post-matric scholarship to ST Students. b) Reduction of Malnutrition and Improvement in Nutritional Status: Supplementary nutrition programme is being implemented in ICDS projects through the network of AWCs for providing nutritious supplementary food to children in the age groups of 0-3 years and 3-6 years. Considering the poor health and nutritional status of children in the age group of 0-3 years, a special nutrition programme has been designed for providing nutritional support to all under-three children particularly of KBK region who are in need of supplementary nutrition. This programme has been launched to bring those children left out from the supplementary nutrition programme fold under the ICDS norms into the Nutritional Support Net. The project aims at enhancing the quality of nutritional support provided to 0-3 years children so as to prevent the on set of malnutrition and growth faltering in the formative years. Under this project, 100% coverage of eligible children in the 0-3 years age group in the tribal areas and 75% in the non-tribal areas of the 8 districts of KBK region. The Mid-Day-Meal (MDM) Programme was introduced in 1995 to provide a cooked noon-meal to primary school children studying in Class-1 to V for 210 working days in a year in all government and government aided schools. The scheme aims at increasing the enrolment and reducing the number of school dropouts and at the same time improving the nutritional status of the children. However, from 1st July 2001, the cooked meal was provided to primary school children of government and government aided primary school only in the rural areas of the 8 KBK Districts, including 80 Blocks of which 44 are Integrated Tribal Development Agency (ITDA) Blocks, and in 74 ITDA Blocks of the Non-KBK Districts. Thus, cooked food under the MDM programme is now being provided only in the KBK and the ITDA Blocks. Another pilot project called Nutritional Programme for Adolescent Girls (NPAG) has been launched in the district of Koraput and Kalahandi of the State by providing 6 K.Gs. of rice free of cost to the adolescent girls whose body weight is less than 35 K.Gs.
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REFERENCES
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 26. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30 31.
Annual Reports, Women and Child Development Department, Orissa. Annul Report of UNICEF. An Agenda for School and Mass Education. Base paper on School and Mass Education: Govt. of Orissa-2005. Bhat Aparna- Child Marriages and the Law in India. Convention on the Rights of the Child: Department of Women and Child Development Govt. of India. Census-1991-Demographic Details. Census- 2001 (Orissa). Census-2001 (Disability Data) India/Orissa. Census-2001- Age Structure Data. District Statistical Abstracts. Diwan Paras and Diwan Peeyushi- Children and Legal Protections. Economic and Political Weekly. Economic Survey: Orissa Goonesekere Savitrai-Children, Law and Justice A South Asian Perspective Health Statistics of Orissa. Labour Statistics in Orissa-2001. Mishra, S.N. and Behera, M. - A Comparative Study of Nutritional Support to Primary Education in Orissa. National Family; Health Survey 2. National Sample Survey Organization Report. National Human Development Report. Orissa Human Develop1mepment Report 2004. Orissa District Gazetteers Orissa Budget at a Glance, 2005-06. Orissa Reference Annual 2005. Orissa 2020- An Educational Vision, Directorate of Elementary Education. Padhi Sakti, & Srijit, Mishra- Premature Mortality, Health Status, Public Health Facilities in Orissa. Pandey, Shruti & D Souza, Deepika-Disabilities and the Law. Sagade, Jaya- Child Marriage: Socio-Legal Study. The Indian Child: A Profile 2002, Published by W & CD Department, Govt. of India. White paper on Police Administration, Published by Department of Home, Govt. of Orissa.

State of Children in Orissa

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STATE OF CHILDREN IN ORISSA

Prepared By: COMMITTEE FOR LEGAL AID TO POOR (CLAP)

(SHYAM SUNDAR DAS)

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ADMINISTRATIVE MAP OF ORISSA

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Need of Juvenile System to address the root causes of offence

The thirteen chapter titled CHILDREN IN CONFLICT WITH LAW:

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Chapter-V Chapter-VI Chapter-VII Chapter-VIII Chapter-IX Chapter-X Chapter-XI Chapter-XII Chapter-XIII

44 53 60 67 91 101 109 112 122

VIOLENCE AGAINST CHILDREN:

CHILDREN IN CONFLICT WITH LAW:

TRIBAL CHILDREN: A Situational Analysis.

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Juvenile Justice (Care and Protection of Children) Amendment Act, 2006.

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Table- 1.2 National Policies on Children in India

National Policies For Education (NPE).

NPE Modified 1992. Sarva Shiksha Abhiyan

National Charter for Children

National Commission for Protection of Child Rights Bill.

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Distribution of Rural & Urban Population in Orissa

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Share of Population in Orissa in different Categories

Scheduled Castes Scheduled Tribes Non SCs & STs

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Num ber of Allopathic Medical Institutions run by the Govt. of Orissa

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Source: Census of India-2001. DEMOGRAPHIC PROFILE OF ORISSA

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CLAP 25 Table-2.3 District-wise Population and Sex Ratio in Orissa

Source: Census of India: Primary Census Abstract Orissa-2001

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Source: Census of India: Primary Census Abstract Orissa-2001

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POPULATION DYNAMICS AND SHOCKING REALITIES IN ORISSA

Sex Ratio, according to Category, of Population for

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Variation in 2001 Census over 1991 Census

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Malkanagiri Rayagada Kandhamal Sundargarh

982 980 970 969

997 1028 1008 957

985 1012 999 936

1004 1006 949 954

975 981 970 962 966

Jharsuguda Balasore Bhadrak Kendrapara