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 Post subject: Re:Several articles expected in the Sunday Guardian in India
PostPosted: Sun Sep 02, 2018 7:53 am 
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Kaustav Bhattacharyya:
Childhood was given a new meaning in European schools
Sunday Guardian 2 June 2018

"In the 18th and 19th centuries, the public schools of Britain, the lycées of France and the Cadet Academies of Prussia set the template for modern Europe’s state-controlled childcare apparatus."


Published on SaveYourChildren.in under the title
Children in Imperial Europe

  

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 Post subject: Re:Several articles expected in the Sunday Guardian in India
PostPosted: Sun Sep 02, 2018 7:54 am 
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Mrutyuanjai Mishra:
Abandoned by her adoptive family, betrayed by the state
Sunday Guardian, 9 June 2018

"Four decades ago, Mallika was adopted by a Danish family from a children’s home in Coimbatore, only to be abandoned a few years later. Personal misfortunes and state apathy further added to her ordeals.

Mallika contacted me with her story after reading my articles in this column about violation of children’s and mothers’ rights in Denmark. Mallika was born in India. Four decades ago she was adopted by a Danish family from a children’s home in Coimbatore in South India at the age of four."



Published on SaveYourChildren.in under the title
An Indian girl in Scandinavia: Abandoned by her adopters, betrayed by the State

  

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 Post subject: Re:Several articles expected in the Sunday Guardian in India
PostPosted: Sun Sep 02, 2018 7:55 am 
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Suranya Aiyar:
When children fall victim to harsh immigration laws
Sunday Guardian, 16 June 2018

"The Trump administration need not have taken the blame entirely on its own shoulders for the separation of children from parents illegally entering its borders. Initially, the controversy did not involve children separated from their parents. It began with an investigation into the whereabouts of some 7,600 children who had come to the US-Mexico border as unaccompanied minors and had been placed with sponsors by the US Department of Health and Human Services (DHHS). It turned out that the DHHS was unable to account for around 1,500 of the children surveyed."

"The basic problem with child protection systems everywhere is that they were conceived of only as a benign state intervention between the supposedly opposing interests of parents and children. Little attention was given to having the usual checks and balances when police or confiscatory powers are given to state agencies."


Published on SaveYourChildren.in under the title
The US immigrant scandal shows children urgently need protection from the State

  

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 Post subject: Re:Several articles expected in the Sunday Guardian in India
PostPosted: Sun Sep 02, 2018 7:55 am 
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Suranya Aiyar:
Separating children from their parents is immoral
Part 1

Sunday Guardian, 21 July 2018

"The power to remove children from their parents can be a formidable weapon of oppression in the hands of the state, and cases of children being taken into state custody are on the rise globally."

"The Indian system is somewhat more compassionate than the US one.
.....
Even so, the separation of Bangladeshi children by the Indian authorities is no less traumatic for parents and children than the brutal child removals at the US-Mexico border. A research report published in 2015 by the Mahanirban Calcutta Research Group (MCRG), called “On the Edge: Women, Life and Confinement”, by Sucharita Sengupta documents the plight of Bangladeshi mothers separated from their children when they are apprehended at the Indian border."


"Commentary from around the world on the US child migrant crisis has been emphatic about the trauma to parents and children separated in state care. But, both in India and the USA, it is human rights advocates and activist courts that have engineered the systems under which child separation is taking place."

"In the US, the removal of children was the result of the application of the Flores Agreement of 1997, which settled years of litigation on the treatment of minors by US immigration authorities."

"I am loath to suggest formulas for child protection. Blind belief in this or that way of doing things is what has made child protection such a heartless and inflexible machine in the West. What I propose is factoring into the consideration of the best interests of the child, not just the risks of the situation in which they find themselves with their parents, whether at home or in jail, but also the inherent risks of their being removed to state care."

*

A comment from the author:
"Ironically, it was human rights groups and activist court[s] that were instrumental in putting in place the child separation laws that have today revealed their inhumane face. There is a pattern in recent welfare and rights thinking that champions state-heavy measures that end up oppressing the very people they were meant to protect. This is never more so than in the field of child welfare."
  
  

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 Post subject: Re:Several articles expected in the Sunday Guardian in India
PostPosted: Sun Sep 02, 2018 7:58 am 
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Suranya Aiyar:
Risks of granting the state full powers to confiscate children
Part 2 (of the above article)
Sunday Guardian, 28 July 2018

"In many instances, governments have apologised to the populations from whom children were taken in the past. But every time the beast of state-sponsored child removal has raised its head again in the same place where it was brought down. Today it exists in the form of the very child protection agencies and removals for the “best interests” of the child that are touted all over the world by rights activists as the gold standard for child welfare."

"Tens of thousands of children go missing from state care in Western countries every year, many of whom are trafficked into sex work. It is also well known that children in state care die at higher rates than those in the general population."

"We should also take warning from the misuse of confidentiality rules by Western child protection agencies in covering up their own mishandling of children in care."

"Specifically, in child protection, it is high time that we recognise that state-sponsored welfare measures for children, especially those giving the state the power to take over custody of children, are fraught with risks and should be exercised sparingly, if at all."

  

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 Post subject: Re:Several articles expected in the Sunday Guardian in India
PostPosted: Sun Sep 02, 2018 7:58 am 
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The first in a five-piece series of articles about the ominous state of Indian child protection legislation – it is heading the same way as in the West. Legislation has been passed but it has not yet been implemented. Maybe it can be stopped?


Suranya Aiyar:
Juvenile injustice: Dangerous turn in Indian childcare law
Sunday Guardian, 1 September 2018

Part 1 in a five-part series of articles

"Did you know that under the latest Indian foster care laws, any child can be picked up by anyone and declared to have unfit parents by tribunals that are not even courts, called Child Welfare Committees (CWCs)? Did you know that these children can be compulsorily placed in foster care or institutions till the age of 18? Did you know that even if a child is found lost and his parents are traced, the CWC can unilaterally decide not to return him?"

"In addition, the DCPU, which consists of government officials, has been given the dubious task of surveilling children for “vulnerability mapping” (r. 2.2.1, Foster Care Guidelines), maintaining data bases of children and targeting them and their families as “at risk” (r. 85(1)(vii), JJ Rules). These powers are given without any consideration of the child’s right to privacy or the restraining requirements of a search or arrest warrant from a court. As in the out-of-control child “protection” systems of the West, the child targeted has less protection from state misuse of power, overzealousness or mistakes than the worst type of criminal."

  

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 Post subject: Re: Several articles expected in the Sunday Guardian in Indi
PostPosted: Sun Sep 09, 2018 9:46 am 
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Suranya Aiyar:
New childcare laws in India are putting innocents at risk
Sunday Guardian, 8 September 2018

Part 2 in a five-part series of articles


"One of the first tactics employed by the Ministry was the issuance of exaggerated claims of child abuse in India in a study issued in collaboration with UNICEF and Save the Children, called “Child Abuse India, 2007”."

"On sexual abuse, the numbers were jacked-up by expanding the definition of sexual abuse to include viewing of pornography between classmates and friends. Viewing of pornography came in as the highest proportion of “abuse” in the overall sexual abuse figures. The second highest was strangers rubbing their “private parts” during public travel."

"We have some hints of what “emotional abuse” could mean in practice in India from the 2007 study on child abuse mentioned earlier. This study classified as “emotional abuse” such things as shouting, name calling (a look at the questionnaire used in the study’s survey revealed this assessment was made by asking children whether anyone called them “budhu” or “pagal”) and “comparison” with siblings or other children."



The author writes about the article:
"Last week in the Sunday Guardian's Global Child Rights and Wrongs column I asked why India is adopting cruel Western laws for child confiscation. In this article I track the path taken by the Ministry of Women and Child Development since its inception in 2006 to show how it has been pushing laws that give greater and greater powers to the state to surveil, regulate and take over custody of not just orphans and abandoned children, but children with living parents who do not wish to give them up. These laws have reached their harshest iteration yet in Maneka Gandhi's Model Foster Care Guidelines of 2016. Yes, there are children who are abused in their families. But the question is do our child protection laws ensure a professional and unbiased investigation and adjudication of suspected cases of abuse, do they guard against harassment of innocent families and are they restricted to cases of abuse and incest or expanding into the subjective and dubious terrain of parental care practices, "verbal and emotional abuse" and social engineering of Indian families in the image of some questionable Western ideal - if the West today can be said to demonstrate any ideals when it comes to family life. Are we protecting children or putting innocents at risk?"

  
  

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 Post subject: Re: Several articles expected in the Sunday Guardian in Indi
PostPosted: Sun Sep 16, 2018 6:30 am 
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Suranya Aiyar:
Anti-family values inherent in India’s foster-care laws
Sunday Guardian, 15 September 2018

Part 3 in a five-part series of articles


"Child-protection rules in India make no mention of the role of filial ties in the well-being of children, while granting ad-hoc tribunals unlimited powers to confiscate kids and prosecute parents."

"So, in effect, the foster care proceeding before the CWC begins not with the question of whether it is justified to remove the child from parental care, but whether it is justified for the child to remain in parental care. Legally speaking this is a dramatic reversal in the usual burden of proof. The rule, and an important one to keep a check on overzealous and mistaken state officials, is that when the state seeks to exercise confiscatory powers or accuse anyone of wrong-doing, the burden of proof is on the state to prove its allegations. But in foster care proceedings under the JJ Rules it is for the parents to prove that they have not abused their child."

" Where the stresses on the family are owing to poverty or just being alone, like not having relatives who can help out with the children, no practical help is offered to the parents. They are only told that their failure to resolve the problem (which could be housing or child care) means that the child has to be removed. The system will say that it has no interest in removing children because doing so takes away considerable resources and funds. But this obfuscates the fact it takes even more resources and funds to provide for an entire family, than to target only the child.
    Our Indian child protection rules are the same. There is no mention anywhere of helping parents. Not even sick or disabled parents. The only “help” is to “allow” them to surrender their children to be given up for adoption or foster care."




The author writes about the article:

"Today in the Sunday Guardian I write about how the new foster care laws from the Ministry for Women and Child Development punish needy parents with child confiscation instead of offering support. The Indian laws have adopted the Western concept of the "best interests of the child" which sounds noble, but in effect allows state authorities to remove children not for abuse, but based on hostile and subjective evaluations of the social and economic conditions of their families. As in the West, the practical effect of being "child-centric" is that the system can look as though it is "conscientiously" intervening for needy children, whereas what it is really doing is turning its back on their parents."

  

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