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You are here: Home » Child Custody » Feedback on Draft National Child Protection Policy

Feedback on Draft National Child Protection Policy

1 Jan 2019 By videv 6 Comments

Following notification has been posted on Ministry of Women and Child Development for comments from public on Draft National Child Protection Policy.

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Draft National Child Protection Policy Circular 14 Dec 2018

Draft of the National Child Protection Policy can be downloaded from below:

Draft National Child Protection Policy Dec 2018

Following are some examples of feedback and comments which can be given on the same and sent to mksingh.ofb@nic.in (latest by 4th Jan 2019).  One should give one’s full name, address, mobile number, and email along with the comments sent by email.

Feedback/Comments on Draft National Child Protection Policy

Due to rising separation and divorces in India, many children – whose parents are living separately or divorced already – are being made to suffer due to restrictions being placed on children’s access to or being entirely cut-off from the non-custodial parent.  Many a time institutions like school where a child goes to are made to act against child’s best interests on request of a custodial parent.  To avoid any schools and other child institutions aiding or abetting in cutting-off a child’s access and interaction with non-custodial parent, whether inadvertently or deliberately, appropriate guidelines need to be formulated regarding the same.  Since the draft of National Child Protection Policy (POLICY) mentions about India being signatory to the United Nations Convention on the Rights of the Child (UNCRC), it would be pertinent to give excerpts of some of articles from UNCRC below, followed by suggested additions to the draft of the POLICY:

United Nations Convention on the Rights of Child (UN CRC) has been referred from web page below: https://www.ohchr.org/en/professionalinterest/pages/crc.aspx

Article 8 of UN Convention on the Rights of Child (UN CRC):

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to speedily re-establishing his or her identity

Problem:

It has been seen that in cases of marital disputes where the parents of children are living separately or divorced already, the children are cut off from the Non-Custodial Parent (NCP).  Often times, it has been seen, that the Custodial Parent (CP) makes efforts to change the name (first name or surname) of the child in child’s school records, without any such court order or without any intimation to the NCP.  Such a change of identify of child is against Article 8 of UNCRC as mentioned above which mandates on signatory states to preserve child’s identity including name and family relations.

Suggested addition to POLICY:

1. A school or institution shall not change name of child in school records merely upon application from a Custodial Parent, unless the said custodial parent has full guardianship of child as per a court order.

2. A school or institution should notify both parents as per school records, in case of any application or attempt is made to change a child’s name or identity in school records by child’s parent.

Article 3 of UN Convention on the Rights of Child (UN CRC):

READ:  Critique and comments on Draft National Policy for Women, 2016

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Article 5 of UN Convention on the Rights of Child (UN CRC):

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Article 9 of UN Convention on the Rights of Child (UN CRC):

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

Problem:

It has been seen that in cases of marital disputes where the parents of children are living separately or divorced already, the children are cut off from the Non-Custodial Parent (NCP).  Often times, it has been seen that the Custodial Parent (CP) writes letter or verbally represents to child’s school so as not to allow NCP to be able to contact or talk to child inside school premises or even outside school premises.  Also requests are made by custodial parent to not provide any information to NCP about child’s educational performance, extra-curricular activities, and progress at school, and the such requests are routinely allowed by the school or institution.  Any such actions done by school are against articles 3, 5, and 9 of the UN CRC.

Suggested addition to POLICY:

1. A school or institution shall not act on behest of a Custodial Parent thereby denying or restricting a child’s right to be in communication with and have access to custodial parent.

2. A school or institution shall not restrict normal interaction of a child with non-custodial parent at school unless a suitable court order exists restricting or denying the same to the non-custodial parent.

3. A school or institution shall not deny to a non-custodial parent information about child’s educational performance, extra-curricular activities, and progress at school, unless a suitable court order exists restricting or denying the same to the non-custodial parent.

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Filed Under: Child Custody Tagged With: Law Making

Comments

  1. Inderjeet Singh says

    February 2, 2019 at 5:50 am

    Very nice and informative article…

    Reply
  2. Rajashree Das says

    January 20, 2019 at 1:13 pm

    My questions pls ans me ?
    I am petioner 498A& others IPC sec & further filled a petion 125 cr PC along with interim petion , allowed interim petion order since filled the petion of 125cr PC till now on month 7th clender , but violated the order, now fillaedexecution case ,service the notice at after 2/3 days he send electronic money order 5000/ but refused the money order,
    Allowed the 6000/ per month total 33000/
    Refused the money order ? What am I right or wrong ??

    Reply
    • videv says

      January 20, 2019 at 5:01 pm

      You are wrong!

      Not only you were wrong, you act like an egoistic, narcissistic, entitled person (asking for maintenance question on child related post).

      If you filed for execution, and partial amount has been sent to you then what is the problem accepting it? Now you can explain to the court how your high principles don’t allow you to accept any partial amount less than that filed for in execution, and see what they say.

      Reply
  3. Naveen says

    January 1, 2019 at 8:09 pm

    1if requested by noon custodial parent, the school will intimate him too in case of sickness , tours etc which the child wants to take
    2 custodial parent cannot take away the child out of country widout informing non custodial parent

    Reply
    • videv says

      January 1, 2019 at 9:55 pm

      >> 1 if requested by noon custodial parent, the school will intimate him too in case of sickness , tours etc which the child wants to take

      Haven’t heard so far.

      >> 2 custodial parent cannot take away the child out of country widout informing non custodial parent

      For that, one should file a GWA (GWC) case in court.

      Reply
  4. vinayak bandekar says

    January 1, 2019 at 4:09 pm

    Your survey is 100 % true.I am not allowed to meet my only daughter by my wife but only money is asked for her maintenance. She has separated from me for the last ten months.You are doing a good job

    Reply

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