India: Information on the current treatment of minors in general, in Punjab in particular, with specific reference to those minors aged 10 to 12; and on their treatment if detained
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 September 1995|
|Citation / Document Symbol||IND21399.E|
|Cite as||Immigration and Refugee Board of Canada, India: Information on the current treatment of minors in general, in Punjab in particular, with specific reference to those minors aged 10 to 12; and on their treatment if detained, 1 September 1995, IND21399.E, available at: http://www.refworld.org/docid/3ae6ab247c.html [accessed 11 December 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Information on the detainment of minors, other than that provided in the Amnesty International (AI) attachments and Country Reports, could not be found among the sources consulted by the DIRB. Although information available to the DIRB is scarce with regard to the situation of minors in India, the attachments provide a brief overview.
According to Country Reports for 1994,
Although Parliament passed a Children's Act in 1960 to safeguard young prisoners against abuse and exploitation, and a Juvenile Justice Act in 1986 provides that boys under 16 and girls under 18 are not to be held in prison, most states have not implemented these Acts. The Supreme Court has criticized the state governments for not providing reformatories and separate detention facilities for children (1995, 1223).
Country Reports for 1993 adds, "[h]owever, these provisions [of the Juvenile Justice Act of 1986] appear to be widely ignored, especially in police lockups" (1994, 1343).
According to the Amnesty International (AI) attachment entitled The Convention on the Rights of The Child, the convention entered into force in India on 11 January 1993 (Oct. 1994, Appendix II, 3).
For general information on the situation of children in India, please consult the following attachments: India Today of 31 March 1995, on street children; India's National Human Rights Commission's (NHRC) Human Rights Newsletter of June 1995, Libération of 26 May 1995 and India News Network Digest of 20 September 1994 and 6 November 1994, on child labour; India Abroad of 28 July 1995 and MNS News of 20 September 1994, on girl trafficking; The Times of 28 April 1994, on child slaves; and AI's Urgent Action appeals of 28 March 1995, 13 and 6 April 1994, on the detainment of a 17 year old girl and a 6 year old boy in Punjab. The Economist attachment of 11 March 1995 discusses the overall situation of girls in India, while page 1230 of Country Reports for 1994 provides a brief look at the overall situation of children. Human Rights Watch World Report 1995 (HRWWR) reports the May 1994 arrest and killing of three teenage boys in Bandipora, Jammu and Kashmir, by the Border Security Force (BSF) allegedly in retaliation for a militant attack against a BSF patrol a few days earlier (HRW 1994, 153). Country Reports and HRWWR are available at Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Amnesty International (AI). October 1994. The Convention on the Rights of the Child. (AI Index: IOR 51/09/94). London: Amnesty International.
Country Reports on Human Rights Practices for 1994. 1995. United States Department of State. Washington, DC: United States Government Printing Office.
Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office.
Human Rights Watch (HRW). 1994. Human Rights Watch World Report 1995. New York: Human Rights Watch.
Amnesty International (AI). 28 March 1995. Urgent Action: India: Disappearance. (AI Index: ASA 20/09/95). London: Amnesty International.
_____. October 1994. The Convention on the Rights of the Child. (AI Index: IOR 51/09/94). London: Amnesty International, Appendix II, pp. 1, 3.
_____. 13 April 1994. Urgent Action: India: Fear for Safety. (AI Index: ASA 20/11/94). London: Amnesty International.
_____. 6 April 1994. Urgent Action: India: Fear for Safety. (AI Index: ASA 20/10/94). London: Amnesty International.
The Economist [London]. 11 March 1995. "India's Rich Little Poor Girls," p. 40.
Human Rights Newsletter [New Delhi]. June 1995. Vol. 2, No. 6. "Steps to Eliminate Child Labour in Glass Industry Reviewed," pp. 1, 3.
India Abroad [Toronto]. 28 July 1995. Ela Dutt. "Human Rights: Trafficking in Women in Nepal and India," p. 10.
India News Network Digest. 6 November 1994. Neelam Jain. "Child Servitude Thrives Unabated in India." (excerpt)
_____. 20 September 1994. "India Pledges to End Child Labor."
India Today [Delhi]. 31 March 1995. Vol. 20, No. 6. Vijay Jung Thapa. "Street Children: Skilled Survivors," pp. 116-117.
Libération [Paris]. 26 May 1995. "Manifestation d'enfants en Inde," p. 8.
MNS News. 20 September 1994. "Three Convicted For Selling Girls at Vice Dens."
The Times [London]. 28 April 1994. Christopher Thomas. "Indian Child Slaves Stage March." (NEXIS)
Additional Sources Consulted
Amnesty International (AI). November 1994. India: The Terrorist and Disruptive Activities (Prevention) Act: The Lack of 'Scrupulous Care.' (AI Index: ASA 20/39/94).
Amnesty International Report. Yearly. 1995.
Documentation, Information and Research Branch (DIRB), Immigration and Refugee Board, Ottawa. March 1995. India: Human Rights in Jammu and Kashmir.
_____. March 1995. India: Chronology of Events: February 1991-November 1994.
_____. September 1994. Human Rights Information Package: India.
_____. January 1994. India: Punjab Human Rights Update.
DIRB "Amnesty International: India" country file. 1994 to today.
DIRB "India" country file. 1994 to present.
DIRB Indexed Media Review [Ottawa]. Weekly. July 1994 to present.
Iacopino, Vincent. 9 December 1994. Human Rights in Punjab and Kashmir. Speech given to members of the Immigration and Refugee Board in Calgary.
News from Asia Watch. 1994 to today.
Office of Asylum Affairs (OAA), Department of Democracy, Human Rights and Labor, United States. December 1994. India: Comments on Country Conditions and Asylum Claims.
Refugees, Immigration and Asylum Section (RIAS), Department of Foreign Affairs and Trade, Australia. June 1994. Country Profile: India.
On-line search of media sources.