| MVF
has a strong grassroots presence in many parts of the
country. However, they believe that the problem of child
labour has to be fought at the macro level for a systemic
change. It is in this context that MVF’s advocacy
is seen as an integral part of their work. MVF has initiated
and supported several campaigns as stated below:
1. Total Abolition of Child
Labour
Public Interest Litigation filed with the Supreme Court
of India jointly with HAQ Child Rights Centre and Social
Jurist. The Supreme Court responded as under –
NOTE ON THE PROCEEDINGS OF 12.12.2005
The Supreme Court on 12.12.2005 issued notice to the
Centre on a PIL filed through Advocate Ashok Agarwal
seeking enforcement of the right to education of every
child in the age group of 6 to 14 by abolishing child
labour in all its forms. A three-judge Bench comprising
of Justice Ruma Pal, Justice A.R.Laxmanan and Justice
Dalveer Bhandari issued the notice on petition filed
by Prof. Shantha Sinha of Hyderabad University; HAQ:
Centre for Child Rights and Social Jurist. Mr. Ashok
Agarwal argued that Article 21-A of the Constitution
mandates compulsory education for every child in the
age group 6-14 years. Even after 57 years of Independence,
out of 200 million children of this age group, nearly
100 million were estimated to be out of school and engaged
in labour. It was also argued that the failure of the
existing laws on child labour to completely prohibit
such labour was causing continuous violation of all
human rights of children. The petitioners sought a declaration
that child labour in any form up to 14 years was unconstitutional.
On inquiry from the Hon’ble Judges
whether any of the States has legislated the law as
contemplated under Article 21-A of the Constitution,
Mr. Agarwal informed that no State has so far done any
thing in this regard despite the fact that Article 21-A
was inserted in December 2002.
2. Financial and Political
Commitments for Children in 0-6 years age group
A Parallel Workshop on ICDS on Convention on Children’s
Right to Food was organised by HAQ: Centre for Child
Rights and MVF on 7th April 2005. The workshop on Financial
and Political Rights was planned to discuss the commitments
and subsequent manifestations in the budget made so
far towards improving nutritional status of children
below six years of age through ICDS. The discussion
focussed essentially on the recent commitments made
in the common minimum programme (CMP) of the United
Progressive Alliance (UPA) government, recommendations
of the National Advisory Council (NAC) and the Supreme
Court directions, vis-à-vis the present status
of the programme. It also highlighted how our parliamentarians
have expressed their concerns regarding the non-fulfillment
of the commitments in parliament.
3. Right to Education
MVF has supported the cause of making education a fundamental
right for every child. The collective efforts led to
the 86th amendment to the Constitution of India in 2002.
The bill was passed making education a fundamental right
under article 21(A) of the Constitution which stated
free and compulsory education for all children in the
age group of 6-14yrs. MVF in its various campaign meetings
and national consultations has passed the following
resolutions:
NATIONAL MEET ON ABOLITION OF CHILD
LABOUR AND ON RIGHT TO EDUCATION, 25TH & 26TH AUGUST
2006
RESOLUTION
The 86th Amendment to the Constitution
of India has guaranteed a fundamental right to education
in 2002. This Constitutional Amendment provided for
free and compulsory education of all children in the
age group of 6 to 14 years as a fundamental right under
article 21A “in such a manner as the State may,
by law, determine”. In view of the State’s
obligation to its children:
-
We demand that the Parliament
of India ensure that every child enjoys her right
to education and enact the Act on ‘Free and
Compulsory Education’ as mandated by the Constitution
of India at a national level.
-
We oppose the Central Government’s
decision to intimate to the State governments to
enact a law on the basis of a “Model Bill”
and shelve the Bill altogether at the Parliament.
This is against the fundamental right to education
as guaranteed by the Constitution.
-
We demand that the Parliament
protects the rights of 250 million children in the
6-14 age group and 160 million children up to 6
years in India as they too are citizens of the country
and take full responsibility for them.
-
We demand that the Parliament
abolishes all forms of child labor to ensure that
every child enjoys her right to education.
-
We demand that the government
has a systematic policy for rescue and rehabilitation
of children withdrawn from work and provide all
the amenities and facilities to enable children
participate in full time formal day schools.
-
We demand that the common school
system is introduced and the principles of equity
and justice are reflected in every clause that is
introduced for protection of children’s rights
to education in order to constitute India into a
“sovereign, socialist, secular, democratic
republic”.
4) Stop Child Labour Campaign
‘Stop Child Labour – School
is the best place to work’ is a campaign of NGO’s
and unions from 6 European countries who are co-operating
closely with a number of organizations from developing
countries, including India. ‘Stop Child Labour’
has the firm conviction that abolition of child labour
and the realization of the right to education are closely
interrelated and that every child has the right to free,
full-time education up to at least 15 years of age.
MVF as an NGO partner provides technical support in
implementing the campaign in various Central American
and African countries. MVF also provides training in
the various aspects of the campaign to abolish child
labour and universalize education.
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