Bullying in Schools - 1208 Words

Banks, R. (2000, April). Bullying in Schools. Retrieved May 19, 2014, from http://files.eric.ed.gov/fulltext/ED407154.pdf Bullying is considered to be a global problem that can have negative consequences. As a result, researchers continue to formulate solutions in which students can feel safe. Bullying can also result in lifelong consequences for both the students who are being bullied, and the students are bullying them. According to the ERIC development team, bullying is comprised of direct behaviors such as teasing, taunting, threatening, hitting, and stealing that are initiated by one or more students against a victim. Whether the bullying is direct or indirect, it tends to cause physical and psychological harm to students. The article mainly focuses on three things: Who is being bullied? how can bullying effect students? And what are some interventions for students who are being bullied? Studies showed that approximately 15% of students are either bullied regularly or are initiators of bullying behavior [Banks, 2000]. Unfortunately, direct bullying seems to increase through the elementary years, peak in the middle school/junior high school years, and decline during the high school years. The focus of bullying depends on certain factors including the size of the school, racial composition, and school setting. A student who engages in bullying needs to feel more powerful and in control. Studies indicate that bullies often come from homes where physical punishment isShow MoreRelatedSchool Bullying : Bullying And Bullying2186 Words   |  9 Pages School Bullying Susan Polk Chamberlain School of Nursingâ€Æ' School Bullying Tyler Clementi 18, a freshman in college. Phoebe Prince 15, a high school sophomore. Jamey Rodemeyer 14, a freshman in high school. Megan Meier 13, an eighth grade middle school student. Mitchell Wilson 11, a sixth grade middle school student. Ashlynn Conner 10, a fifth grade elementary school. They are all victims of bullying and today they are all dead from suicide because of being bullied. Bullies are in elementary/middle/high/Read MoreSchool Bullying : How Does Bullying Affect Children?1299 Words   |  6 PagesSchool Bullying How does bullying affect children? Name: Thai Nguyen Phuc Dang ( Dom ) Teacher: Jack Moon ID number: 4956206 Due date: 04/05/2015 Subject code and title: EDU00004 – ACADEMIC AND COMMUNICATION SKILLS B â€Æ' Abstract School bullying is one of the issues being hotly debated today. It effects on daily life, psychological and physical of each student. This is the issue that parents and teachers must understand to be able to control their children in a better way. This report will showRead MoreBullying : Are Schools Doing Their Part?2203 Words   |  9 PagesMiranda1 Jessie Miranda Honors English 10 Period 2 18 March 2016 Bullying: Are Schools Doing their Part? Bullying is bound to happen anywhere at any time but occurs mostly within school limits. Kathleen Winkler defines bulling in her book, Bullying, as â€Å"...any kind of ongoing physical or verbal mistreatment, done with the intent to harm, where there is an imbalance of power between bully and victim† (Winkler 14). Bullying has an extremely important impact on one’s everyday life and can affect theirRead MoreAddressing the Problem of Bullying in Schools Essay885 Words   |  4 Pageswidespread problem of bullying, especially in schools, and that bullying is identified as a serious problem that merits intervention and research (Coy). Therefore, relatively little effort has been made to overcome or address the problem, which still remains a widespread social vice. This paper purports to illustrate how, despite efforts made to rectify the situation, bullying still remains rampant, and is getting worse. Bullying is defined generallyRead MoreBullying And Bullying At School983 Words   |  4 PagesWhen I was a young girl and I would discuss bullying with my parents I always told â€Å"You never let anyone bully you or put their hands on you†. It was a common in my society to hear the statement â€Å"If someone hits you then you hit them back†. Now that I am a mother the thought of those statements still come to mind, when speaking to my children about bullying at school. In today’s society what we know and understand as bullying does not require a school or playground, these actions take place rightRead MoreBullying At School As Bullying846 Words   |  4 Pages School administrators and personnel have long been tasked with handling the bullying culture that is so prominent in and out of the classroom. While the concept of bullying is certainly not new, its reach has expanded in a number of ways—and more and more recently, schools are being called to action after incidences of repeated bullying have beckoned students to flirt with the idea of taking their own life. Before entering a discussion on bullying, it’s important to come to a common definition ofRead MoreBullying in School1085 Words   |  5 Pagesgrowing up all the school change a lot though the years over time. The school is supposed to be a safe place and secure environment. There is an increase concern about recognizing, interviewing, to preventing bully within the school. What are we suppose to do about Bullying? To recognizing bullying is to identify type of bullying. First improve the lives strategies and intervolves both parties the victim and the bully. There are many challenge for barriers by involves school programs! A smallRead MoreBullying in Schools822 Words   |  4 PagesSchool bullying is a distinct form of aggressive behaviour, usually involving a power imbalance. It can be physically, verbally and, more recently, electronically threatening, and can cause emotional, physical and psychological harm. Bullying in schools historically has been seen as a fundamental part of childhood. (Campbell, 2005 p68) It was seen as a social, educational and racial issue that needed little research and attention, until in the 1970’s and 80’s researchers began pioneering studiesRead MoreSchool Bullying2394 Words   |  10 PagesSchool Bullying  Essays Bullying is not a new behavior.   Kids have been exposed to bullying in school for generations.   Now, however, bullying has taken on new heights and sometimes victims of bullies suffer severe and lasting consequences. The topic has gained not only national attention but international attention since it is a phenomenon that exists in many countries.   School bullying essays look into this very serious matter and how it is being addressed. Like essays on classroom management, essaysRead MoreBullying in Schools6210 Words   |  25 PagesBullying in Schools 1 PRAIRIE VIEW Aamp;M UNIVERSITY THE COLLEGE OF EDUCATION EXPERIENCES, PERCEPTIONS, AND ATTITUDES OF THIRD GRADERS TOWARDS BULLYING A RESEARCH REPORT RESEARCH ADMIN 5163 BY Jimmy C. Clark. PRAIRIE VIEW, TEXAS 2008 Bullying in Schools 2 Table of Contents Page Abstract†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦3

The History of African American Slavery - 1353 Words

The History of African American Slavery Tongela Vaughan Axia College of University of Phoenix The History of African American Slavery A slave is someone who is owned by another human. They do as they are told to do by their owners. African Americans had an unfair start in America, by being captured and brought over from Africa to be slaves. Do you know how slaves were treated? The conditions and treatment of slaves were different fromthe average American. Do you know how slavery came to an end? The slaves receivedtheir freedom in different types of ways. Before long, slavery was ended and they were set free to live their lives according to their own choice. For the African Americans brought to America as indentured servants,†¦show more content†¦Once they saved enough money, they were able to buy their freedom Finally, slaves were able to see the light at the other end of the long tunnel of harsh treatment on the plantations. Slavery ultimately ended in the United States fol lowing Abraham Lincoln’s Emancipation Proclamation of 1863, which freed slaves that were rebelling against the federal government. In 1865, slavery was abolished. Thanks to President Abraham Lincoln, the slaves were finally a free race. There was one thing that helped to keep the slaves believing that they would receive their freedom,and that they will see better days ahead. That was there firm belief in god. They would hold church, or what they would call religious revivals, out in a field. Having that belief kept them strong and held the families together that was not traded or auctioned off. Slave owners initially resisted evangelicals preaching to their bond people, but as the revival movement spread, a few came to consider it their Christian duty to teach their slaves about the bible. Converting their original religions to Christianity became part of accepting America as home. {draw:frame} This article advertises the trading or selling of African Americans who have been transported by boat to America. The name of the boat that transported the African Americans was named the Ship Bance. {draw:frame} This pictureShow MoreRelatedThe History of African Americans: Slavery Essay1649 Words   |  7 PagesThe history of African-Americans has been a paradox of incredible triumph in the face of tremendous human tragedy. African-American persons were shown much discrimination and were treated as second class citizens in the colonies during the development of the nation. The first set men, women, and children to work in the colonies were indentured servants, meaning they were only required to work for a set amount of years before they received their freedom. Then, in 1619 the first black AfricansRead MoreEssay African American Issues: Slavery and Continuing Racism892 Words   |  4 Pages There are many issues that African Americans face in today’s society, many of which I had not realized until after taking Africana Studies. Some issues dwell on the horrific past of the Trans-Atlantic Slave Trade, which not only is history, but also is part of African American heritage (Karenga, 2010). African Americans frequently experience many perilous problems, such as dire economic situations and feelings of hostility from the cultural mainstream in America (Kaufman, 1971). The cultural collisionRead MoreSlave Narratives : A Darker Side Of American History900 Words   |  4 PagesDarker Side of American History How would we be able to fully understand history only knowing one-side of the story? If this was the case, American History would be an amazing story of liberty, expansion, and the foundation of American democracy as the most fair and honest government created in the world today. However, this is not the case thankfully due to novels, interviews, and autobiographies written by Americans who’ve felt the painful sting of the other side of American History. For exampleRead MoreThe Challenges African Americans Faced in America963 Words   |  4 PagesThe Challenges African Americans Faced In America Raymon Rice ETH125 March 11, 2012 The Challenges African Americans Faced In America African Americans had a turbulent history in the United States ever since they were brought to the country as slaves. â€Å"Slavery in America began when the first African slaves were brought to the North American colony of Jamestown, Virginia, in 1619, to aid in the production of such lucrative crops as tobacco. (Slavery in America, 2012) During the 17th andRead MoreIs Black History Month Being Honored Correctly Essay915 Words   |  4 Pagesmonth of February, African Americans have the privilege to reminisce and honor the people that stood up for the rights and citizenship for black people. Some people take it as a time to condemn all Caucasians for the harsh treatment the African Americans received on the road to success. I am satisfied with the African American race for constantly instilling the people with information about how they had to fight for freedom, but should that be all they discuss during Black History Month? Many argueRead MoreNotes On Demand For Equality898 Wo rds   |  4 Pagesbe said that slavery and wars have shaped our nation for the good and the bad. According to some ideas of â€Å"history†, the African American soldiers were treated as equals during wars such as The Revolutionary War, The Spanish-American War, The Civil War, World War I, and World War II. There we no wars that no African Americans did not participate in some shape or form. However, many historical remembrances, might be classified as mis-remembrances, also known as myths. The true history behind theseRead MoreMajor Themes Of Us History During Slavery Essay1607 Words   |  7 Pages Major Themes of US History During Slavery During creation, God made man and gave him the free will to do and act according to as he pleases as long as it is in agreement with His teachings. Fellow human beings could not have control over their fellow men because it was against God’s will. A state whereby one person has absolute power over another and controls his life, liberty, and fortune is known as slavery. The history of slavery dates back to creation times where the Israelites were taken asRead MoreRace, Ethnicity, And Culture1329 Words   |  6 Pages1:30-2:45 Topic number 2 As society progresses and history is created, many factors such as race, ethnicity, and culture tend to shape the ideas among different people. One major group of people that were severely impacted was the African Americans in the United States during the periods from 1804-1813, 1819-1831, and 1832-1848. Based on the definitions from the Asian Pacific Americans: â€Å"Keywords,† Concepts and History, it is said that race is impossible to be defined race from the biologicalRead MoreSlavery During The United States966 Words   |  4 PagesIt seems as though slavery has always been etched into our history since the beginning of time. The first recordings of slaves are from the Biblical times. From the Babylonian’s, 18th century BC; to the abolishment of slavery in the United States, 1865; people across the world endured the hardships of slavery. People of all races were enslaved, from the Jews to the African American people. The Jewish people suffered a great deal from the Holocaust, according to, the Detroit News, â€Å"Germany has agreedRead MoreHarriet Tubman And Frederick Douglass Essay1421 Words   |  6 PagesDouglass Harriet Tubman and Fredrick Douglass are renowned African America civil rights figures who escaped from slavery. The civil rights activists spent a significant time of their life fighting against slavery and advocating for social justice thus holding prominent ranks in the American history. There are similarities and differences in the lives of Harriet Tubman and Frederick Douglass. First, they were both born at the same time and into slavery. Harriet Tubman was born around 1820 in Maryland (Larson

Physical and psychological needs of a three year old child free essay sample

In this assignment it will be discussed what constitute the main physical and psychological necessities of a toddler, more precisely a three years old child. As soon as these needs are defined, it shall be discussed how to provide, inside the environment of a childcare setting, the means to achieve the suitable conditions to satisfy such necessities, as well as selected specific capabilities that carers must acquire to accomplish the task to adequately provide appropriate carefulness. Firstly, it is compulsory to provide a definition for physical and psychological needs. Beginning with the physical necessities, there are key factors that must be addressed considering, the childcare environment, including physical exercises, rest and sleep, promotion of good health, including adequate nutrition and personal hygiene, as well as safety and first aid at the childcare environment (MCI, undated). These needs apply to the child’s life, your job is to identify them and then show how they can be met in daycare. Physical exercises are essential for all individuals. Although Montessori never encouraged formal exercises to children under 6 years old (MCI, undated), nowadays this activity must be explored, aiming to provide better health, as well as contributing to improve gross motor skills, like running, picking up balls, jumping and climbing. Yes, but Montessori did advocate the freedom for the child to move at will, to move around the classroom and to repeat movements until the child was satisfied. She did place great importance on allowing the child to develop the muscles required to gain full control over the body. Naturally, rest and sleep are as essential as exercises. Once the child has accomplished his/hers activities, a resting time must be provided, especially when concentration and energy tasks are required. Additionally, sleeping is such a vital requirement, that a facility for resting must be available in any childcare facility. If not in an adequate state of repose, a child may become irritable and can have his/hers concentration capacity seriously reduced. This should be made available to all children but nap time should not be enforced, not all 3 yr olds require a nap during the day. The next subject is related to the diet, and this matter must always be adequately addressed in a childcare facility. The nourishing practices are of crucial importance, and the carers, additionally to the noble task of verifying and sometimes prepare the food, must assure that children are being properly fed. Along with feeding, hygiene is also essential and carers must always inspect for proper bathing, hands, hair, nails, feet, ears, toilet and teeth. (MCI, undated) Is it the job of the childcare setting to bathe the child and cut the child’s nails? Eventually, safety and first aid must always be observed. Apart from lawful and legal issues, carers must know how to take proper actions when urged. Following the structure presented, the definitions were already mentioned. Therefore, it is valid to discuss how the setting and carers can accomplish the necessities previously defined. On the focus of the physical aspects, the setting shall provide proper means for children to exercise. It can be set as a separate room or space to accommodate suitable toys for indoor use. For outdoor exercises, the setting must offer a safe area, like a playground, including supervised activities for children. In terms of rest and sleep, an adequate setting must keep a quiet room containing comfortable facilities for children in need of a rest. Considering feeding and nourishing, the setting shall include a proper kitchen with suitable appliances for preparation, storage, cleaning, serving and feeding installations. In relation to hygiene issues, all carers shall have appropriate training about topics that may take place in a setting environment. A carer shall be able to bath a child, check for nails, hair, ears, feet hands and teeth. Ultimately, all carers must keep a basic training concerning first aid and safety. It is not expected that a carer might be able to employ resurrecting techniques for example, but in case of an emergency, there basics actions that can be taken. Safety aid equipment must be kept at easy access and the legal procedures about this subject shall be observed in the sake of protecting the children well-being. You have not discussed ventilation in the setting (fresh air will improve brain function and will help prevent the spread of air-borne germs), the security of the setting (secure so that no child can leave unattended and unnoticed, no-one can enter unsupervised and no child can be picked up unless the adult is known to the setting), the safety of the physical setting (storage of chemicals, covers on ponds, radiators and electrical sockets etc. ), safety for the child from the elements ( how to dress for outdoor weather), removal of ill children from the setting etc. Until this point, some topics on physical well-being were covered, with emphasis on the role played by the carer in a setting environment. Continuing this assignment, it shall be discussed the psychological needs, focusing on emotional and social necessities and what carers must observe to ensure emotional and social well-being. According to Erickson (Erikson in Macleod-Brudenell Kay, 2008), a child on the age surrounding three years should be able to control his/hers physiological necessities and basically respond for his/hers personal hygiene. This â€Å"control† provides the child great autonomy, confidence and freedom to try new experiences not being afraid to make mistakes. However, if a child is criticized or ridiculed she/he might develop an embarrassment or distress concerning his/hers abilities to be autonomous, leading to a return to the previous stage, i. e. , the complete dependency. Throughout this stage, a child will learn about the privileges, obligations e limitations that he/she will encounter. The carer must be able to observe and help the child to learn and eventually overcome this process. To support this idea, the words of Macleod-Brudenell and Kay (2008, pp ) are replicated here: â€Å"The way the children develop emotionally and socially is of prime importance to an understand of healthy development and learning†. Another topic that has to be noticed is related to what Erikson defines as â€Å"Secondary Emotions†. At this stage, the child should be able to feel guilty, envy, shame and pride. These feelings must be dealt with extreme care to avoid traumas for the child. In terms of psychological subjects, some key aspects were briefly defined until this point. However, a â€Å"central and critical† (Macleod-Brudenell Kay, 2008) still must be defined: self-esteem. Coopersmith (1967:4) defines self-esteem as â€Å"a personal judgement of worthiness, which is expressed in the attitudes the individual holds towards himself†. Associated with self-esteem, it is possible to link the personal identity and self-evaluation of the child and the caregivers shall always promote and incentive the child? s self-esteem towards continuous improvement. A last point valid to observe is related to the development of friendship. Around 3 years old the child begins to have some playmates and usually associate this friendship with the activities involved in the environment of the childcare setting. Alongside peer friendships would come the need for the child to form emotional bonds with adults other than the parent/primary carer. After all these definitions, it is important to explain the steps the carers must take to ensure the child? s well-being in emotional and social terms, assuring the child will feel linked to the care setting and the transition from home is the most suave possible. The first point to be addressed is related to providing the appropriate emotional environment for the child to feel safe and free at the same time. The carer must provide the necessary security for the child, demonstrating as well the limits, or boundaries, that shall be determined. This safeness and freedom must be assured every time, to provide adequate uniformity and sureness of care. Additionally, the care shall be certain that the child may be protected from embarrassment and shame when he/she is inside the setting. As cited earlier, this attitude may traumatize the child and regress he/she to an earlier stage of development. The social and emotional developments are crucial for the child. The carers shall be liable to accompany this development process during all the time. It is important to provide feedback to parents and counselling in subjects that might need special attention. Signs of underdevelopment and difficulty to learn must be addressed all the time aiming to provide support for the child. This contact with parents will also help to maintain a continuity of care which will help the child to feel secure moving between home and daycare. In terms of â€Å"Secondary Emotions†, the carers must observe the feelings brought to the external environment. The child eventually will show strong reactions depending on the situation that has been provoked. The carers must have adequate ability to help the child to control these â€Å"Secondary Emotions† without interfere excessively on the way the child behaves. At this point it is important to establish that all the responses the caregivers must provide to the child aim to guarantee a sense of belonging from the child to the care setting. Protection and freedom, respect and confidence, improvement of self-esteem and friendship are tools essentials for the carer, considering the arduous task associated with caring about a child. As more advanced and developed the carer can be on the use of these insights, the higher the probabilities to achieve success in raising a toddler. A last point to be considered in this assignment is related to the current legislation about health and safety and the strategies being adopted by the governments to establish the standards for care settings facilities and staff. In this assignment, it shall be considered the â€Å"Convention on the Rights of The Child† from UNICEF (2005). This agreement is of universal application and has been used as the base for most of the important legislation about the children wellbeing. Accordingly to the Convention, important key points were defined aiming to cover all aspects related to physical and psychological child? s well-being. Considering the scope of this assignment, the Articles 27, 28 and 29 establish vital directives to be followed not only by the Government, but by everyone responsible for a child care. Ref In Article 27 it is well defined that â€Å"States Parties recognize the right of every child to a standard of living adequate for the childs physical, mental, spiritual, moral and social development†. At this point, it is important to notice that in a childcare setting these directives must be observed in consonance with the Convention. In this assignment it has been defined some fundamental points that could provide the means to achieve such standard of living. The Article 27 goes beyond, determining actions in the directions of providing also material assistance for the child, including nourishing, housing and clothing. Moving on to the Articles 28 and 29, it is possible to encounter the directives related to the â€Å"childs personality, talents and mental and physical abilities†. Ref Likewise, the main focus of this assignment was to establish the child? s physical and psychological needs and action that caregivers should always adopt in the direction of accomplishing the appropriate child? s development. Finally, Article 29 still establishes that freedom, friendship and respect are memorable points to always be observed by the Nations. Ref In conclusion, all the subjects enlisted in this assignment could be explored in almost a limitless approach. However, it is important to notice that only the points considered to have straightforward application in a childcare setting were described. Beginning by defining the physical necessities in terms of basics themes involved in the daily basis of a setting, this assignment evolved in the direction of establishing what should be the abilities a caregiver should demonstrate to fulfil these necessities. The next topic focused on the psychological necessities of the child, in terms of emotional and social needs. These subjects are extensively explored in the specialized literature due to their fundamental prominence. Once more, the idea was to provide a brief explanation about the main points involved without consume all the possible concepts. The main focus in this assignment was to define the social and emotional needs and point some directions on actions caregivers could follow to be successful in provide the adequate responsiveness to a child at the childcare setting. As a final point, the legislation related to the child well-being was cited, more specifically the â€Å"Convention on the Rights of The Child†. In general terms, the Convention determines main directives for the children rights, but not all of them are applicable in this assignment. Some key points were selected, more precisely the Articles 27, 28 and 29. In this case, the articles selected provided a recognized base to this assignment, considering the fact that most of the subjects encircled by those articles were well discussed in this assignment.

The Rights of Child Essay Example

The Rights of Child Essay Child Rights and Law : a guidebook for legal interventions PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Authored by: Maharukh Adenwalla Illustrated by: Kajal Gaba This publication is supported by: National Lottery Charities Board (UK) This publication is for private circulation. Any part of this publication may be reproduced or transmitted in any form or by any means with due acknowledgment to the authors and publishers. Â © CHILDLINE India Foundation, CIF First Published, February 2002 Printed at: Jenaz Printers, 261 2853 2 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 FOREWARD CHILDLINE often encounters calls that require legal intervention while addressing the emergency needs of children and protecting their rights. Many a times, it is fear of the judicial system, lack of knowledge about procedures, lack of support systems or simply getting stuck at what would seem as the simplest of procedures; the fact however is that legal interventions have never been easy. The idea of this manual germinated from some such difficulties faced in handling calls. In some calls, hospitals refused admissions to medically ill children, police refused to act on sexual abuse charges, authorities dealt ineffectively with institutional abuse or the labour department turned a blind eye at child labour. This manual serves as an insight into the legal responsibilities of varied allied systems that come in contact with a child, besides outlining intervention guidelines for calls that require legal inputs and procedures. This manual is a result of the various discussions held at different CHILDLINE artnership meets and forums, where the team shared their experiences, problems and concerns with respect to the legal system. The concept was also shared at the CHILDLINE Coordinators’ meet and this manual is a result of these discussions. We are grateful to Ms. Maharukh Adenwalla, a lawyer and child rights activist, for authoring this publication and meeting with the CHILDLINE teams in order to understand the legal problems faced by them. 3 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 This manual would definitely be of help, to intervene in legal cases. We will write a custom essay sample on The Rights of Child specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Rights of Child specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Rights of Child specifically for you FOR ONLY $16.38 $13.9/page Hire Writer However, the reader must remember that these guidelines are only ideal legal steps. At times, due to social pressures, a legal intervention step has to be combined with social work skills keeping in mind the best interest of the child and respecting the wishes of the child. It is equally important to explain the legal process involved, to the child. Therefore it is recommended that the team members discuss the nature and implications of legal interventions within the team and with the child before going ahead with legal action. This manual is divided into two parts. The first part illustrates different types of calls at CHILDLINE that require legal intervention. These calls overlap in different categories so the reader may find one case study classified into 2 or more categories, depending on the situation of the child in need of care and protection. This classification is also listed in Annexure-I. The second part of the manual deals with various laws related to children. We hope this manual is of use to not only our CHILDLINE teams but to other child rights activists as well, who work towards protecting children in need of care and protection. CHILDLINE India Foundation Team 4 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 PREFACE A child has rights, but due to age constraints is unable to claim her/ his rights. The rights of a child are exercised by proxy through the family, society and State. Unfortunately, these very agencies are responsible for violating children’s rights. Non-governmental organisations, therefore, play a vital role in protecting and promoting the rights of children. CHILDLINE constantly intervenes to ensure children their rights. CHILDLINE has been given special mention under the Juvenile Justice (Care and Protection of Children) Act 2000. Under this Act, CHILDLINE is empowered to produce a child in need of care and protection before the Child Welfare Committee. Other voluntary organisations or agencies are also empowered to perform such function, but require to be so recognised by the State government. Voluntary organisations or agencies not so recognised can approach CHILDLINE to safeguard the interests of children requiring care and protection. Most of the calls received by CHILDLINE are concerned with deprivation or violation of rights, and their responses are based in law. It is essential for activists to identify violation of legal rights and offer legal remedies. No longer is it enough to merely provide a place of safety to the child, the violator has to be punished and told that such conduct will not be tolerated. 5 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 6 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 CONTENTS No. Topics PART I CASE STUDIES 1 . 2. 3. Pysical abuse and forced domestic work by parents . 1 1 Physical abuse and non-payment of wages by employer 1 3 Physical abuse and wrongful confinement of domestic worker . 5 4. Refusal of police to record complaint of physical abuse of domestic worker 1 6 5. 6. 7. 8. 9. 10. 1. 1 12. 13. 14. 15. 16. Torture of domestic worker by police .. 1 6 Death of domestic worker due to neglect . 1 7 Children employed in bidi-making unit .. 1 8 Harassment by railway police 20 Permanent injury due to railway accident . 1 Eve-teasing at railway station . 22 Proposed child marriage .. 22 Corporal punishment at school . 23 Repeated physical abuse by father . 24 Sexual abuse by father .. 25 Rescue from brothel . 27 Child of woman in prostitution .. 27 7 Page No. PDF created with FinePrint pdfFactory Pro trial version http://www. ineprint. com 1098 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Pornography and sexual activity 28 Sexual Abuse in Obervation Home by Superintendent . 30 Death in Children’s Home . 3 1 Rape by neighbours 33 Arrest of 6 year old for commission of offence 34 Arrest of 10 year old for commission of offence .. 35 Lost child unable to give particulars 7 Search for missing child 38 Runaway child wanting to return home 38 Child tested HIV positive 39 HIV testing by residential institution . 39 Discharge from Public Hospital due to HIV status .. 40 Public Hospital’s refusal to treat a street child 4 1 Insistence by Public Hospital to lodge police complaint prior to admission/treatment .. 4 1 31. 32. 33. Dead child found on roadside .. 42 Permanent injury caused by motorist . 42 Guardianship Certificate for legal dues of deceased father . 43 34. 35. 36. 37. 38. Education facilities for disabled . 44 Mental illness of mother 45 Mentally disabled street child . 46 Custody of child on divorce . 6 Grant of Domicile Certificate 47 8 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 39. 40. 41. 42. Adoption by Hindu parent 48 Adoption of abandoned child . 49 Adoption by Indian Christian parent 50 Rescue from begging ring . 5 1 Part II CHILD RELATED LAWS AND JUDGEMENTS 1 . Constitution of India . 2 Public Interest Litigation .. 54 2. Right to Health 55 Pt. Parmanand Katara vs. Union of India (AIR 1989 S. C. 2039) 3. Right to Education . 56 Unni Krishnan, J. P. vs. State of Andhra Pradesh (AIR 1993 S. C. 2178) 4. The Juvenile Justice (Care and Protection of Children) Act 2000 56 Krist Pereira vs. The State of Maharashtra Ors. (Criminal Writ Petiti on No. 107 of 1996- Bombay High Court) 5. 6. The Women’s and Children’s (Licensing) Act 1956 67 The Child Labour (Prohibition and Regulation) Act 1986 68 M. C. Mehta vs. State of Tamil Nadu (AIR 1997 S. C. 699) 7. The Bonded Labour System (Abolition) Act 1976 70 Bandhua Mukti Morcha vs. Union of India (AIR 1984 S. C. 802) 9 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 8. Criminal Procedure 72 Bailable and Non-bailable Offence Cognizable and Non-cognizable Offence . 10. 1. 1 First Information Report .. 74 Indian Penal Code 1860 74 Torture .. 8 1 Rekha M. Kholkar vs. State of Goa Ors. (III (1995) CCR 470 (DB)) 12. 13. The Probation of Offenders Act 1958 .. 82 The Immoral Traffic (Prevention) Act 1956 . 83 The Public at Large vs. State of Maharashtra Ors. 1997 (4) Bom. C. R. 171 Prerana vs. State of Maharashtra (Writ Petition No. 1332 of 1999 -Bombay High Court) 14. 15. Maintenance of Children .. 93 Adoption . 95 Lakshmi Kant Pandey vs. Union of India (AIR 1984 S. C. 469) Central Adoption Resource Agency (CARA) Manuel Theodore D’Souza (2000 (2) Bom. C. R. 244) 16. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 .. 102 17. 18. The Child Marriage Restraint Act 1929 . 03 Annexure-I 105 10 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 PART I This Part of the book contains queries, some hypothetical and others frequently asked, to be handled by a CHILDLINE volunteer. Only necessary legal intervention in handling queries is dealt with in this book. It is essential for a CHILDLINE volunteer to have some basic knowledge of the law as many queries require a prompt legal response; initial action taken can make or break a case. Improper handling at the initial stage could cause irreparable damage to the child. It is also very important for CHILDLINE activists to identify advocates in their region who will provide legal support in complex cases. This book is a mere guide to help the CHILDLINE volunteer in providing immediate basic assistance to the caller. Case No. 1 Thirteen year old Gita is constantly harassed by her mother and step-father. Gita and her younger sister do domestic work in nearby households. Gita wants to go to school, but each time she suggests the same she is beaten by her mother and/or step-father. . The mother and step-father of Gita have committed an offence under the Indian Penal Code and the Juvenile Justice [Care and Protection of Children] Act. a) Causing hurt to any person is an offence under the Indian Penal Code, and is punishable with imprisonment which may extend to one year, or with fine which may extend to Rs. 1,000/-, or with both. b) Assaulting of a child by a person who is in charge of or control of that child is an offence under the Juvenile Justice [Care and Protection of Children] Act. The offender is liable to be punished with imprisonment which may extend to six months, or with fine, or with both. 11 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 2. CHILDLINE must bring this ill-treatment to the notice of the Child Welfare Committee established under the Juvenile Justice [Care and Protection of Children] Act, and ensure that an inquiry is initiated by the Committee. The mother and step-father of Gita will be called before the Committee along with their children. The aid of Special Juvenile Police Unit may be taken for production before the Committee. The Committee will speak with the children, and the mother/step-father. i) If it appears to the Committee that the children have been harassed or beaten by their mother/step-father, the children will be temporarily removed to the Children’s Home or a place of safety. CHILDLINE or any other organisation may apply for temporary custody of the children pending inquiry by the Committee. If the Committee is satisfied that CHILDLINE or any other organisation has the appropriate facilities, the children will be given in the temporary care of CHILDLINE or the other organisation. ii) If on completion of inquiry it is evident that the mother / step-father have been ill-treating Gita and her sister, the Committee may punish the mother / step-father with imprisonment / fine / both. (iii) If it appears to the Committee that the mother / stepfather are willing to care for the children, the children may be kept with the mother / step-father. The mother / step-father will be required to execu te a bond with or without surety, and will be responsible for the wellbeing of the children. The bond should contain a condition that the children will not be ill-treated or forced to do domestic work and will be sent to school. The Committee has the powers to put the children under 12 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 supervision of a Probation Officer. If the mother / stepfather continue with the ill-treatment, the children will be removed from their care and put into a Childrens Home or in the care of an appropriate organisation willing to care for the children. iv) If it appears to the Committee that the mother / stepfather are unfit to care for Gita and her sister, the children may be put in the care of a Childrens Home, or in the care of CHILDLINE or any other organisation, if CHILDLINE or the other organisation are able to satisfy the Committee that they have the requisite facilities for the care, education and healthy development of children. 3. If Gita and her sister have been severely beaten by the mother / step -father, it is necessary that a complaint be filed at the nearest police station. It is also necessary to ensure that the children are medically examined at a Public Hospital. The complaint may be filed by CHILDLINE or any person. In such case both the Child Welfare Committee and the police will conduct an investigation. The proceedings before the Committee will be with regards to the care and future of the children, whereas the criminal proceedings will focus on punishment to the offending mother / step-father. 4. It is necessary that a CHILDLINE representative be present during the proceedings before the Child Welfare Committee to protect the interest of Geeta and her sister. Case No. 2 Eleven year old Shabnam is physically abused by her employer. Shabnam has been working as a full-time domestic worker since the last year, but her employer has not paid Shabnam her wages. CHILDLINE has received this information through an anonymous caller. 13 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 1 . The CHILDLINE representative answering the telephone call must take down the address of Shabnams employer. 2. CHILDLINE must file a complaint with the police station nearest to the residence of Shabnams employer, and must in detail narrate the anonymous callers message. . A police officer is bound to take action if there is reasonable suspicion that an offence has been committed. A CHILDLINE representative must go along with the police to rescue Shabnam. Shabnam must be removed from the employers residence, and the employer must be arrested. 4. The police must record Shabnams statement. Shabnam should not be kept at the police station; she may be admitted to the Children’s Home or allowed to remain with CHILDLINE. 5. Shabnam must be produced before the Child Welfare Committee within 24 hours of her rescue. CHILDLINE or any other suitable organisation may make an application before the Committee for temporary custody of Shabnam pending inquiry. 6. Attempts must be made to contact Shabnams parents. The Child Welfare Committee may hand over Shabnam to her parents if (a) Shabnam is willing to go with them, and (b) the parents are willing to care for Shabnam. The Committee may require the parents to execute a bond for the well-being of Shabnam. The travelling expenses of the parent, i. e. the lowest railway fare, is to be borne by the Superintendent of the Children’s Home if the parents are unable to bear the travelling expense. The expense of the childs journey home is also to be borne by the Superintendent. 7. If Shabnam cannot be reunited with her parents, CHILDLINE or any other suitable organisation should make an application before the Child Welfare Committee for the care and custody of Shabnam. The Committee may supervise the placement through a Probation Officer. 14 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 8. The employer has committed an offence of causing hurt, and withholding Shabnams salary. i) The first is an offence under the Indian Penal Code and is punishable with imprisonment which may extend to one year, or with fine which may extend to Rs. 1,000-, or with both. (ii) Exploitation of a child by an employer and withholding a childs earning is an offence under Section 26 of the Juvenile Justice [Care and Protection of Children] Act, and is punishable with imprisonment which may extend to three years and fine. (iii) The employer is in charge of and has control over the juvenile, therefore the employer will also be liable for cruelty to juvenile under Section 23 of the Juvenile Justice [Care and Protection of Children] Act. Case No. 3 Shalini is working as a full-time domestic worker in Delhi. Shalini hails from a village in Madhya Pradesh. Shalinis employers have not paid her any salary, and they beat her if she asks for payment of her salary. Shalinis employers do not allow her to leave the house nor do they allow her to write to her family. Thirteen year old Shalini wants to return home to her family. 1 . 2. Replicate what has been mentioned in Case No. 2. In this case the employer has also committed the offence of wrongfully confining Shalini. Wrongful confinement means prevention from proceeding beyond certain limits. Wrongful confinement is punishable under the Indian Penal Code with imprisonment for a term which may extend to one year or fine which may extend to Rs. 1,000/- or both. If the confinement is for three or more days the imprisonment may extend to two years. 15 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Case No. 4 Rita who is 14 years of age has been physically assaulted by her employers. Rita escaped from her employers residence and is now with her mother. Ritas mother attempted to file a complaint with the concerned police station, but the police officer refused to record the complaint. In case of a police officer refusing to record the complaint, 1 . Reduce the complaint in writing, and address it to the Senior Police Inspector of the concerned police station. Mention in the complaint the name of the police personnel who refused to record the complaint. Take the acknowledgement of receipt on your copy of the complaint. 2. If the police personnel refuses to take the written complaint, send the written complaint to the concerned Assistant Commissioner of Police, with a copy to the Deputy Commissioner of Police and the Commissioner of Police, or the concerned Superintendent of Police. The complaint may be sent by registered post or by hand delivery. In case of hand delivery take acknowledgement of receipt on your copy of the complaint. 3. Advise Ritas mother to get Rita medically examined at a Public Hospital, i. e. a government or corporation hospital, and to get the injury marks photographed by a professional photographer. Case No. 5 Shyams employer has misplaced Rs. 200/-, and suspects Shyam of having stolen the money. The employer informs the police of his suspicion. The police pick-up Shyam for interrogation. The police torture him at the police station in order to force him to confess to having committed the offence. Shyam repeatedly 16 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 stated that he has not stolen the money. Shyam is later released by the police. Shyam is 15 years old. 1 . The police officers who have tortured Shyam are guilty of having committed an offence under Section 330 of the Indian Penal Code. This section deals with causing hurt to extort confession, or to compel restoration of property, and is punishable with imprisonment which may extend to seven years and fine. . CHILDLINE or any other organisation must file a complaint with the police station, and a copy of the complaint must be sent to the Commissioner of Police, Deputy Commissioner of Police and Assistant Commissioner of Police for information and necessary action. 3. CHILDLINE or any other organisation or individual should file a Writ Petition before the High Court fo r an order directing the offending police personnel to pay compensation for the physical injury and mental trauma caused to Shyam due to the illegal action of the police. [Refer to III (1995) CCR 470 (DB) : Rekha M. Kholkar vs. State of Goa] Case No. 6 Six year old Santosh died at the residence of Mr. A with whom he was working as a full-time domestic worker since the last one year. Mr. A told the neighbours that Santosh was ill and had died of natural causes. Anand, a friend of Santosh who works for Mr. As neighbours told his employer that Santosh was made to work eighteen hours a day, and was given left-overs as food. 1 . Anand or Anands employer must be persuaded to immediately report to the concerned police station the manner in which Santoshs employer used to treat Santosh. 2. Santoshs employer must be arrested for murder under Section 300 of the Indian Penal Code as he was definitely aware that starving Santosh was dangerous and in all probability would result in his 17 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 death. Murder is a non-bailable offence, and is punishable with death, or life imprisonment and fine. 3. If the body of Santosh has not been disposed of, the Post Mortem must be conducted. The Post Mortem Report will indicate the cause of death. 4. Murder is a cognizable offence, therefore the case will be prosecuted by the State through the Public Prosecutor. It is necessary that CHILDLINE or some other organisation takes the responsibility of coordinating with the Public Prosecutor to know what is happening in Court. 5. If the employer files a bail application, CHILDLINE or some other organisation should ensure that the Public Prosecutor opposes the bail application, or an advocate may be appointed on the parents behalf to oppose the bail application. If the parents cannot be traced, CHILDLINE or any other organisation should appoint a watching advocate to make submissions before the Court to ensure that the employer is punished. . Successful prosecution will send a message to the public that child abuse is severely dealt with by the Courts and law enforcers, this will act as a deterrent to potential abusers. Case No. 7 Boys between the age of 9 to 12 years are working in a bidimaking unit in Jalgaon district. An organisation has made repeated representations to the Collector but no action has been taken. 1 . Under Article 24 of the Cons titution, no child below the age of 14 years shall be made to work in any hazardous employment. 2. Bidi-making has been designated as a hazardous process at item No. 1) in Part B of the Schedule annexed to the Child Labour (Prohibition and Regulation) Act 1986. 18 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 3. CHILDLINE may undertake any of the following actions to stop this unlawful employment:a) File a complaint with the Inspector appointed under the Child Labour (Prohibition and Regulation) Act, and accompany him on his visit to the bidi-making unit. If children are found to be working at the unit, ensure that the Inspector files a complaint with the police or Magistrate of the First Class. ) CHILDLINE may file a complaint with the police. Accompany the police to the bidi-making unit. Panchnamas should be made. The police should file a complaint before the Magistrate of the First Class. c) CHILDLINE may directly file a complaint before the Magistrate of the First Class. d) CHILDLINE may bring this employment in contravention of the Child Labour (Prohibition and Regulation) Act to the notice of the High Court by filing a Public Interest Litigation. 4. Age of the child is of paramount importance. In the absence of proof of age, the child should be examined by a medical officer attached to a Public Hospital. Such medical officer will issue a certificate in respect of age of the child. 5. The employer should be made to deposit a sum of Rs. 20,000/- in the Child Labour Rehabilitation-cum-Welfare Fund in case of each child employed in contravention of the Child Labour (Prohibition and Regulation) Act. This Fund is to be established for each district. The State Government must also provide a job to an adult member of the family, and if the same is not possible, the State Government is required to deposit a sum of Rs. 5,000/- with the Fund. 6. In case of bonded labour, State Vigilance Committees have been established to monitor the implementation of the Bonded Labour 19 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 System (Abolition) Act 1976. The State Vigilance Committee includes as members, non-political social groups working at grass root levels. CHILDLINE should also keep the State Vigilance Committee informed, and ask them to intervene to stop child labour. Case No. 8 The caller witnessed ten year old Ramu being beaten by the Railway Police. Ramu was beaten as he was sleeping at the railway station. Ramu told the caller that this was a daily occurrence, and often the boys paid money to the Railway Police to be allowed to sleep at the station. 1 . Efforts must be made to identify those Railway Police who are beating and harassing the boys. The name and designation of such Railway Police should be obtained. 2. A complaint with regards to the offending Railway Police must be filed with his Superior Officer. This complaint should mention the behaviour of the offending Railway Police in detail. The complaint should be made by the boys, including Ramu, or by CHILDLINE or any other organisation. 3. The Railway Protection Forces Act 1957 provides for appointment of Railway Police Force to protect and safeguard railway property. Any Railway Police Force may be dismissed or suspended or reduced in rank due to improper or negligent discharge of duty. Such order for dismissal, suspension or reduction in rank may be passed by any Superior Officer. 4. A complaint may simultaneously be filed by the boys, including Ramu, or CHILDLINE or any other organisation against the offending Railway Police before the concerned police station as the Railway Police have acted in an illegal manner and are liable for criminal prosecution. 0 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Case No. 9 Twelve year old Shaikh was injured in a railway accident, and has lost a leg. Shaikh is a street child and due to the accident is not in a position to earn a living. 1 . CHILDLINE should assist Shaikh to file a claim before the Railways Claims Tribunal within one year of the accident. If the period of one year has elapsed, an application may be made to the Tribunal for condonation of delay. The application for condonation of delay must give reasons as to why the claim was not filed earlier. The Tribunal has been established under the Railways Act 1989, and is required to assess damages to be paid in case of railway accidents to the injured or family of the injured. 2. The application for claim must be submitted tot he Registrar of the Railways Claims Tribunal in 4 sets alongwith relevant documents, such as railway tickets. If the railway ticket is lost or misplaced, an application for claim can still be filed but the burden of proof will rest on the applicant. The applicant will be required to prove that a railway ticket is purchased and subsequently lost. 3. If a railway accident has resulted in death or grievous hurt, i. e. loss of limb, sight, hearing, permanent disfiguration of head or face, or fracture or dislocation of a bone or tooth, the same should be reported to the Station Master or railway servant. The accident should also be reported to the District Magistrate and Assistant Commissioner of Police / Superintendent of Police. An enquiry into the accident is to be conducted by the railway administration. Shaikh has lost a leg due to the accident, therefore the accident must be reported to the abovementioned authorities. 21 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Case No. 10 Ravi has been caught eve-teasing at a railway station in Mumbai. Ravi is 19 years old, and has not acted in such manner in the past. 1 . Ravi will be produced before the Metropolitan Magistrate within 24 hours of arrest. An advocate may be appointed to file a bail application on behalf of Ravi. CHILDLINE must make arrangements for surety; the surety must bring his/her ration card, voters identity card, or some other proof of identification. 2. This offence is a bailable offence. The police are empowered to release Ravi on personal bond or on bail, with or without surety. 3. If Ravi pleads guilty or is held guilty of having committed the offence, Ravi may be punished with imprisonment and fine. Ravi has been convicted for a first offence, therefore the Court has the discretion to levy a reduced fine without imprisonment. On payment of the fine Ravi will be immediately released. 4. Under the Railways Act 1989 if any person commits any nuisance or act of indecency or uses abusive or obscene language, he may be removed by any railway servant from the station, and may be punished with imprisonment and fine. A railway servant is any person in service of the railway. Case No. 11 The aunt of Anu called to inform that Anus mother has fixed Anus marriage with a 40 year old widower. Anu is 14 years of age. 1 . The marriage of a male above 21 years of age with a girl under 18 years of age amounts to child marriage. Child marriage is an offence under the Child Marriage Restraint Act 1929. 22 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 2. The aunt of Anu should be advised to inform the mother of Anu that what