‘A child should be able to complain without fear’

What happens when a child who has been picked up from off the streets and put in a state run institution is being abused and ill-treated there? What happens to a child who is forced into crime because of utter poverty and great suffering? This is what Arlene Manoharan is concerned with – dealing with the protection and promotion of child rights. The life of a child leaves room for a big bundle of possibilities, all of which Arlene is determined to realise.

A social worker, Arlene has worked directly with children and communities living on the streets, having been involved with a number of NGOs in Bengaluru and Mumbai. The experiences she had there changed her life and today, Arlene has dedicated her life to making sure that children are protected under India's vast legal net.

"Dealing with those street children opened my eyes to a whole other world. It's a completely different way of life," she says. For children who don't know where their next meal is coming from - and for those who do, it means scrounging around for a few leftovers from a nearby hotel or dole from an NGO or religious institution - life is a whole other can of worms. "What dignity is there, in a life like this? We take for granted the fact that our next meal is going to be served to us on time, with dignity and love. These children can't."

For the past twelve years, Arlene has been working at the National Law School with a special team of experts who deal with children at the grassroots level and on a more macro scale, help formulate policies in the government. This arose from the fact that helping children on a daily basis was becoming an impractical idea, "for every child we saved, many more would find their way to the streets," she says. The immensity of the job was quickly becoming apparent and soon, it became clear that this approach, satisfying though it was, simply wasn't going to cut it.

The laws and schemes that exist in our country are something to be proud of, feels Arlene. Even so, there are gaping holes in the implementation process, which is where Arlene and her team step in. "We are trying to bring in a multi disciplinary approach to dealing with kids," she says. A child's problem is seen through the lens of a lawyer, a trained counsellor, and a social worker, an approach that is seldom seen elsewhere unfortunately.

Arlene was appointed as a member of the Karnataka State Rule Drafting Committee under the Juvenile Justice Act in 2001. "I was able to facilitate a dialogue between people from various walks of life by bringing in field-based knowledge and expertise," she says. Gone are the days when the poor were just beneficiaries of dole as the State is rapidly moving toward a rights-based approach, which is exactly what Arlene has been working toward.

The formulation of policies is a major part of the work she does, but naturally, it doesn't stop there. The management of state institutions or remand homes, as they are referred to in the Juvenile Justice Act, is another vital aspect of her mission. "The child should have the right to complain and to do so without fear," states Arlene.

Practicing lawyers are trained in what it means to represent a child, how to interact with children and make sure that he or she is actually representing the views of the child and not his/her own. "There is no money in this because children can't pay for themselves," she admits. "Any lawyer can take some time off once a week to help a child in need, though."

Proposals are also being put forth for the next Five Year Plan, where Arlene is hoping to garner enough support for some extra funding. "What investments are needed to ensure a child-rights approach and what the key areas of focus are," she says. There is also a need for greater transparency in the working of the State and the institutions that come under the Juvenile Justice Act. "The social welfare State is becoming weakened," she says.

This is why they are working to establish independent commissions that will keep a check on the activities of the State and impress upon people the need for reform. They have prepared a list of questions to make things clear for children, so that they will understand how to approach these commissions on their own, if they are being ill treated in any way. There is also a handbook for NGOs, telling them in detail how they can access justice. "The Right to Education is a big thing in the country today and it's important to make sure that children living in these institutions are given access to it too," she says. "Kids should be empowered to live a quality of life that is dignified and respectable."

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