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Children - Terre des Hommes

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184<br />

<br />

are not working in the mines. The Act should also<br />

be amended to ensure that the “loop-hole” clause,<br />

which allows the employment of trainees and<br />

apprentices from the age of 16, is removed.<br />

<br />

institutions, particularly the State Commissions for<br />

Protection of Child rights as well as the National<br />

Commission for Protection of Child Rights with<br />

children affected by mining.<br />

Recommendations for Specific Ministries<br />

Ministry of Women and Child Development<br />

<br />

<br />

<br />

<br />

<br />

evels of malnourishment, hunger<br />

and food insecurity in mining areas, as has been found<br />

in this study, and in keeping with the Supreme Court<br />

Orders in the Right to Food Case, 307 it is essential to<br />

undertake stock taking of implementation of ICDS<br />

project in mining areas.<br />

<br />

section of child population who currently do not receive<br />

any institutional support under ICDS. Therefore,<br />

innovative programmes need to be developed to ensure<br />

ICDS programmes reach out to children of migrant<br />

families.<br />

<br />

pre-conditions to mining need to be dove-tailed into the<br />

Ministry’s policies and laws.<br />

<br />

gets into the act of signing MOUs with the states for<br />

implementation of its flagship scheme on child protection<br />

called the ICPS — Integrated Child protection Scheme,<br />

it must prioritise on vulnerable areas such as the mining<br />

areas. The aim of the scheme is to reduce vulnerability as<br />

much as to provide protection to children who fall out<br />

of the social security and safety net.<br />

<br />

to address the condition of the children in mining areas<br />

in a manner relevant to their specific situations:<br />

o The institutional structures for providing<br />

protection to these children in mining areas have<br />

to be strengthened in order to bring stronger<br />

monitoring on players exploiting the children and<br />

to provide institutional support to, especially the<br />

migrant communities of mine workers who have no<br />

other grievance redressal mechanisms or support<br />

structures for protection of their children.<br />

o The Juvenile Justice (Care and Protection)<br />

Amendment Act of 2006 is most applicable to<br />

children in mining areas—children working in<br />

the mines, child labour in other sectors because of<br />

impoverishment created by mining, and children<br />

living in mining areas are vulnerable to the<br />

exploitation and crime rampant in mining areas.<br />

o<br />

o<br />

There is need for extending the support (in a more<br />

focussed way) by the Juvenile Justice Boards, the<br />

Child Welfare Committees (CWCs) and the State<br />

Juvenile Police Units to adivasi children in areas<br />

where displacement and landlessness has led to their<br />

exploitation or brought them in conflict with law.<br />

The CWCs should be part of the monitoring<br />

committees that regularly assess the impacts on<br />

children and monitor the implementation of<br />

conditions agreed upon by the mining companies. In<br />

mining areas, as crime and vulnerability is high, the<br />

CWCs should be better equipped with manpower<br />

and resources at their disposal to ensure protection.<br />

Ministry of Human Resource Development<br />

<br />

<br />

<br />

is a right for all children. Recognising their special<br />

situation and having paid the price for “development”, the<br />

government must ensure that children in mining affected<br />

areas, rehabilitated, displaced and migrant communities,<br />

are especially targeted to receive accessible and quality<br />

education. Number, quality and reach of primary<br />

and elementary schools, including infrastructure and<br />

pedagogic inputs, have to be adequately scaled up.<br />

<br />

education”. The Ministry must move from the current<br />

method of temporary, ad hoc and para-teacher form<br />

of running schools to a more planned, permanent and<br />

sustainable education of children in mining affected<br />

areas, same as what is available to children of officials in<br />

the mining colonies.<br />

Ministry of Labour<br />

<br />

<br />

<br />

in mines must be addressed by amending the law must be<br />

307 Website of the Minsitry of Labour. URL: http://labour.nic.in/cwl/ChildLabour.htm (accessed 11 March 2010)

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