Udayan Care, in collaboration with Amity University, National Commission for Protection of Child
Rights (NCPCR) and HAQ: Centre for Child Rights conducted a two day seminar on March 14th & 15th,
2014. It was the first initiative in India to bring together representatives from all the SAARC countries
to discuss on the issue of care and protection for children living in institutions.
Also, it was for the first time that mental health practioners, government bodies and NGOs from
SAARC countries have shared a common platform to discuss issues ranging from the challenges of
implementing Article 20 the United Nations Convention on the Rights of the Child (despite the Indian
government having ratified the convention in 1992) to inclusion of disabled children in the safety net
of alternative and adoptive care.
The conference also had the twin objective of launching of The Journal “Institutionalised Children:
Explorations and Beyond”, the content of which is being seen as path breaking. The journal aims to
appraise, evaluate, and commission research studies that impact the lives of children, who are in
institutions – orphanages, observation homes and others, in South Asian countries.
With representations from all 8 countries of South Asia and 24 states of India, the seminar brought
together over 250 administrators of institutions, civil society professionals, academicians and
volunteers working with institutionalised children to acquire a more comprehensive approach to
problems faced by children in need of care and protection. Members of several State Commissions
for Protection of Child Rights and District Child Protections Officers attended this seminar, from
Puducherry to Mizoram and from Maharashtra to Punjab.
Our Guest of Honour was Ms Kushal Singh, Chairperson, National Commission for Protection of
Child Rights and the valedictory address focussing on the latest provisions of the Integrated Child
Protection Scheme was given by Mr Vivek Joshi, Joint Secretary, Ministry of Women and Child
Development, who deemed the seminar “a good opportunity to advertise the scheme to those that
matter”.
The keynote address was delivered by Dr. Rinchen Chopel, from Nepal, Director General of the
SAIEVAC Secretariat, an apex body of SAARC.
A significant outcome of this Seminar was a deliberation over the Integrated Child Protection
Scheme, which saw Mr Vivek Joshi, Jt. Secretary Ministry of Women and Child Development
announce the new provisions of this centrally sponsored government and civil society partnership.
Acknowledging the extreme financial shortfalls of the previous scheme the new provisions aimed to
double many of the budget heads especially that of the salaries and training of the most crucial
component of child care – caregivers. Young child protection officers and NGO workers from across
the country questioned various aspects of the scheme and Mr Joshi, clarifying certain issues such as
security measures to be undertaken at children’s facilities, assured those present that these matters
would be addressed by his ministry, whilst lauding the passion of the new breed of social workers he
interacted with.
The seminar enjoyed the support of Gail, Vatika and VCare, CRY – Child Rights and You, Save the
Children, SOS Children’s Villages, Terre des Hommes, Air India, Make My Trip and the French
Ministry of Foreign Affairs.
Concluding Observations
Regarding Laws, Policy & Standards of Care
1. In South Asian countries, while the physical rights and needs of children in institutions have
been constantly underlined during the past years, even though not always fulfilled, mental
health often constitutes an issue which received little attention in the process of policy
making.
2. Good Mental Health is a non-negotiable right of all children, within and outside institutions.
The care and protection of children in institutions, who have often been through extensive
traumas, has to have a component which takes into consideration the importance of good
mental health; it is imperative to locate the mental health discourse into the right’s
perspective.
3. Comply with principles of the UN Convention on the Rights of the Child (CRC) to develop
laws and policies which respect, protect and fulfil the rights and needs of children in
institution, adapting its framework to the South Asian social and cultural context.
4. Institutionalisation has to be a measure of last resort (for a short period of time) and
children have to be placed in residential institutions only in their best interest and when
there are no alternatives available.
5. It is important to work on the language used to define both the institutions and the children
living in them, especially among practitioners, making sure children do not suffer additional
victimisation by labelling them.
6. Alternatives to institutions have to be made available and strengthened in policy
documents and governments’ action plans. Adequate budget has to be invested in
improving their standards and in guaranteeing that the authorities responsible for the
placement of children in need of care and protection do not find institutionalisation as the
easier solution.
7. The child has to participate in the process of healing, reintegration and development
designed for him/her, also at the policy level.
8. Understanding the reasons why a child enters an institution is very important. Poverty,
illegitimacy, single parents, disability, crime, etc. are not necessarily good reasons to
institutionalise children. A strong Protection System has to be in place, with adequate
preventive and responsive measures. Supporting to the parents and preventing the families
to seek institutional support should be the main vision behind policy and legislation.
9. The focus on proper monitoring mechanisms in the actual legislation must be reinforced.
10. We need to help the Governments in understanding what are the systemic failures in the
process of law and policy implementation and address them with a focused approach.
11. There are non-negotiable standards which need to be maintained within residential
institutions (Age-appropriate nutritious food, regular schooling, opportunities for playing
and recreation, privacy, qualitative health and sanitation facilities).
12. Smaller Homes have to be preferred to larger Homes because they can be managed easier
and their functions can be monitored with less efforts and resources.
13. Must maintain ties between children in institutions and their families.
14. Siblings have to be kept together in institutions and in case of adoption.
15. We have to recognise the importance of the staff within the institutions at all levels, from
management to counsellors, care-takers, welfare officers, etc. There is the need to value the
staff financially and make constant trainings available; furthermore, the accountability of
duty bearers has to be guaranteed.
16. We need to change our attitude and challenge our prejudices in relation of children with
disabilities. The UN Convention on the Right of people with Disabilities constitutes a cardinal
point, together with the CRC, to start questioning laws and policies regarding disabled
children in South Asia.
17. Adequate Budget allocations for the child protection systems.
18. Researching best practices within the region and sharing example should constitute a
consistent exercise. In this regard, the Journal on Standards of Care and Mental Health
published by Udayan Care could constitute an optimum start.
19. Constituting and developing an Internal Child Protection Policy (as South Asian and national
networks or as single institutions) could be a meaningful way forward to carry on the work
initiated by the Seminar.
Regarding Mental Health
1. Need to understand what Mental Health means in relation to children in institutions and
need to de-mystify and simplify the whole concept of mental health among practitioners,
policy makers and the general public.
2. As professionals, we have to adapt our theoretical knowledge to the everyday practice.
There is the need to merge the text-book knowledge with the South Asia reality, especially
to the most serious problems South Asian countries face (child sexual abuse and
exploitation, child trafficking, child marriage, child involvement in crimes, etc).
3. We must understand that lack of good mental health during childhood and adolescence has
always consequences in the adult life and in the development of our children as responsible
and happy South Asian citizens.
4. Children express their needs and problems through behaviour. We have to observe their
behaviour and not neglect their actions.
5. The training of caregivers is fundamental which should not only imply the knowledge of
children’s rights, but should also focus on mental health issues. The caregivers have to know
how to handle everyday problems among the children and they have to be able of dealing
with their own personal issues without harming the children.
6. Caregivers should be as constant as possible and, when about to leave their jobs for any
reason, they should know how to prepare the children to de-attach. The concept of
Attachment and its related issues are still not well-known among care givers, and the underestimation of its importance can have serious consequences on the children, during their
childhood, adolescence and adult life.
7. The mental health of the staff is as important as the mental health of children. Relations of
power and hierarchy within the staff have to be considered; also the staff should be made
aware of the importance of qualitative mental health support for the children.
8. Need to look at Psychiatrist and Psychology Trainings and at Academic Courses and properly
include Child Protection in a systemic way within them.
9. Need to network and link up as professionals, share experiences we feel successful as well
as failures.