Policy Advisories

Delhi Commission for Protection of Child Rights wherever needed examines the various policies pertaining to the rights of Children and subsequently issues necessary advisories/recommendations. Some of the key advisories/recommendations issued in recent times have been highlighted under this section:

Recommendations on the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021. 

The Ministry of Women & Child Development on June 30, 2021 issued a public notice inviting comments/suggestions on the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021.

After thorough examination of the said Bill, the Commission prepared a draft containing suggestions and recommendations regarding the gender neutrality of the bill, inclusion of N/SCPCR in National/State Anti Human Trafficking Committees, burden of proof on accused, reconsideration of the Section 59 of the proposed bill, provision regarding monitoring by N/SCPCR, coordination with Childline and non liability of acts committed by victim under coercion, compulsion, intimidation, etc.

A detailed note of the draft submitted to the Ministry of Women & Child Development can be accessed here.

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Recommendation regarding inclusion of pregnant & lactating women under the ambit of Covid-19 vaccination drive.

Concerned about the health and potential vulnerability of the pregnant & lactating women to the Covid-19 pandemic, the Commission undertook suo-moto cognizance of the vaccination policy of the Government of India which excluded the pregnant & lactating women out of the vaccination drive.

The Commission undertook rigour examination of the medical literature available on the aforementioned subject, consulted various medical experts, and thereafter advised the Government of India to categories Pregnant & Lactating women as a high-risk group; setup task force to design and implement SoP to ensure early vaccination of this group and also devise a mechanism for post-vaccination monitoring and necessary support. Recommendation made to this effect can be accessed here

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Recommendation regarding amendments in Scheme for Financial Sustenance, Education & Welfare of Children of Incarcerated Parents, 2014

Taking cognizance of poor implementation and impediments in bringing the scheme of financial assistance for children whose parents have been incarcerated, the Commission initiated its exhaustive examination and held a series of consultations. After thorough deliberations, the Commission prepared a report on the status of implementation of the scheme. Highlights of the review can be understood through the presentation. Presentation can be accessed here

The Commission came to the conclusion that the children of incarcerated parents are placed at a disadvantaged position on account of certain gaps inherent in the design of the scheme for Financial Sustenance, Education & Welfare of Children of Incarcerated Parents, 2014 and therefore, Commission on 4th November 2020 submitted its special report to the State Government outlining the set of recommendations for improvement in the aforementioned scheme. The report can be accessed here.

The Commission believes that the recommendations, if implemented, would go a long way in benefiting the children of incarcerated parent(s) and will ensure that they do not suffer and are able to grow socially, emotionally and academically.

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Recommendation Regarding Continuance of Proceedings Against Children in Petty Offences Beyond 6 Months

Pursuant to the powers vested in the Commission, wherein the Commission is the statutory body responsible for monitoring the implementation of Juvenile Justice (Care & Protection of Children) Act, 2015 in Delhi, the Commission took cognizance of the pendency levels with regards to petty offenses registered in the Juvenile Justice Boards (JJBs) across Delhi.

After inquiry the Commission opined that as per the spirit of the JJ Act, the inquiry into cases involving petty offenses are to be completed within a stipulated period of not more than 6 months and thus advised the JJBs to terminate all the proceedings involving petty offenses that have completed six months and pass final disposal order keeping in mind the rehabilitative needs of the children.

Recommendation can be accessed here
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Recommendation regarding ban on medically unnecessary, sex selective surgeries on intersex infants and children except in case of life threatening situations

The Commission received a plea by Dr. Satendra Singh, Air Cmde (Dr.) Sanjay Sharma and Dr. Aqsa Shaikh that there are instances wherein intersex people are treated as disabled, and hence are approached through a medical lens, 'reducing intersex people to an 'impairment' leading to medical interventions that can lead to long-term impairments and requiring lifetime medical care. It has further been highlighted that most of the time these surgeries are conducted without prior, free, and fully informed autonomous consent.

Upon receipt of the aforementioned plea, the Commission enquired the matter keeping in mind the various Supreme Court Judgements; opinion of Medical experts, and submissions made by the Dept. of Health & Family Welfare and thus after careful deliberations, the Commission in its wisdom advised the Delhi Government to ban medically unnecessary, sex-selective surgeries on intersex infants and children except in case of life-threatening situations. Recommendations can be accessed here
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Page Last updated date : 05-08-2021 17:10 pm