Nursing management - Rights of special group

1. PRESENTATION
ON
RIGHTS OF SPECIAL GROUPS:
CHILDREN, WOMEN, HIV,
HANDICAP AND AGEING
SUBJECT: NURSING MANAGEMENT.
MATHEW VARGHESE V
MSN(RAK),FHNP (CMC Vellore),CPEPC
Nursing officer
AIIMS Delhi

2. INTRODUCTION
Rights are legal, social, or ethical
principles of freedom or entitlement; that
is, rights are the fundamental normative
rules about what is allowed of people or
owed to people, according to some legal
system, social convention, or ethical
theory.
Special groups are those who need
special attention such as children, women,
HIV, handicap and ageing. So to protect
these groups the rights have been
formulated by the constitution.

3. CHILDREN

4. STATISTICS
 There are 472 million children in India under the
age of 18 years, representing 39% of the country’s
total population.
 A large percentage, 29% of that figure constitute
children between the ages of 0 to 6 years.
 In addition, 73% of children in India are living
in rural areas

5. STATISTICS
 1 in 4 children of school-going age is out of school
in our country – 99 million children in total have
dropped out of school (Census 2011)
 Out of every 100 children, only 32 children finish
their school education age-appropriately (District
Information System for Education (DISE) 2014-15)

6. CHILD ABUSE AND EXPLOITATION:
 There are 10.13 million child labourers between 5-14 years in India
(Census 2011)
 India has 33 million working children between the ages of 5-18 years
 Every day, around 150 children go missing in India – kidnapping and
abduction is the largest crime against children in our country (National
Crime Record Bureau 2016)
 Over the last 10 years, crimes against children has increased 5 times
over (National Crime Record Bureau Data Series)
 Fear of failure in examinations in the second highest cause of suicides
in children (Accidental Deaths and Suicides in India ADSI 2014) *

7. HEALTH AND NUTRITION :
 19.8 million children below age 6 in India are
undernourished (ICDS 2015)
 Only 9.6% of children between 6-23 months in the
country receive an adequate diet (NFHS 4, 2015-
16)
 38% (1 in 3 )of children between 0-5 years are
stunted in the country (NFHS 4, 2015-16)
 21% (1 in 5) of the children in the country suffer
from wasting (NFHS 4, 2015-16)

8. HEALTH AND NUTRITION :
 36% of children under 5 years of age are
underweight in India (NFHS 4, 2015-16)
 58% of children between 6months – 5 years were
found to be anaemic in the country (NFHS 4, 2015-
16)
 Total Immunisation coverage in the country stood at
62% in 2015-16 (NFHS 4, 2015-16)
 21% of the births in the country were home births
(NFHS 4, 2015-16)

9. GIRL CHILD:
 42% of married women in India were married as
children (District Information System for Education
(DISE) 3)
 1 in every 3 child brides in the world is a girl in India
(UNICEF)
 India has more than 45 lakh girls under 15 years of
age who are married with children. Out of these,
70% of the girls have 2 children (Census 2011)

10. RIGHTS OF CHILDREN
In 1946, the
Economic and Social
Council of the United
Nations recommended
that the Geneva
Declaration be
reaffirmed as a sign of
commitment to the
cause of children.

11. UN (GENEVA) DECLARATION OF
THE RIGHTS OF THE CHILD
1. Non-discrimination.
2. Special protection, opportunities and
facilities to develop physically,
mentally, morally, spiritually and
socially in a healthy and normal
manner and in conditions of freedom
and dignity.
3. The right to a name and nationality.
4. The right to social security, adequate
nutrition, housing, recreation and
medical services.

12. 5. The differently-abled child to be given
special treatment, education and care. 6.
The need for love and understanding so
that the child grows in the care and
responsibility of his/her parents, and in
an atmosphere of affection and moral
and material security.
7. Entitlement to education, which should
be free and compulsory, at least in the
elementary stages.

13. 8. The child should be among the first to
receive protection and relief in all
circumstances.
9. Protection against all forms of neglect,
cruelty and exploitation, including that
associated with employment.
10.Protection from practices that may
foster racial, religious and other forms
of discrimination.
11.The Right to enjoy these rights,
regardless of race, color, sex, religion,
national or social origin.

14. MAJOR CONSTITUTIONAL
PROVISIONS
Article 15: … shall not discriminate against
any citizen… (3) Nothing in this article shall
prevent the State from making special provision
for women and children.
Article 21 A: … shall provide free and
compulsory education to all children of the
age of six to fourteen years.
Article 23: Traffic in human beings and
beggar and other similar forms of forced
labour are prohibited.

15. Article 24: No child below the age of
fourteen years shall be employed to work
in any factory or mine or engaged in any other
hazardous employment.
Article 39: … (e) … the tender age of
children are not abused… and not forced by
economic necessity to enter avocations unsuited
to their age or strength; (f) that children are
given opportunities and facilities to develop in a
healthy manner and in conditions of freedom
and dignity and that childhood protected against
exploitation and against moral and material
abandonment.

16. Article 45: …provide early childhood care
and education for all children until they
complete the age of six years.
Article 51A: … (k) … parent or guardian to
provide opportunities for education to his
child or, as the case may be, ward between the age
of six and fourteen years.

17. ACT FOR CHILD
WELFARE
 The Right of Children to Free and
Compulsory Education Act was enforced
April 1, 2010.
 Pre-conception and pre-natal diagnostic
Techniques (prohibition of sex selection)
Act 1994.
 Infant milk substitutes, feeding bottles
and infant foods (regulation of
production, supply and distribution) Act,
1992.

18.  The juvenile justice (care and protection
of children) Act, 2000.
 The child Labour (prohibition and
Regulation) Act, 1986.
 The child Marriage restraint Act, 1929.

19. RIGHTS OF CHILDREN
1. Right to develop in an atmosphere of
affection and security and protection
against all forms of neglect, cruelty,
exploitation and traffic.
2. Right to enjoy the benefits of social
security, including nutrition, housing
and medical care.
3. Right to a name and nationality.
4. Right to free education.
5. Right to full opportunity for play and
recreation.

20. 6. Right to special treatment, education
and appropriate care, if handicapped.
7. Right to be among the first to receive
protection and relief in times of
disaster.
8. Right to learn to be useful member of
society and to develop in a healthy and
normal manner and in conditions of
freedom and dignity.
9. Right to be brought up in spirit of
understanding, tolerance, friendship
among people, peace and universal
brotherhood.

21. 10.Right to enjoy these rights, regardless of
race, color, sex, religion, national or
social origin

22. RIGHTS OF WOMEN
The status of women in India has
been subject to many great changes over
the past few millennia.
In modern India, women have
adorned high offices in India including
that of the President, Prime minister,
Speaker of the Lok Sabha, Leader of
Opposition, etc.

23.  Gender equality
 Empowers the
State to adopt
measures of positive
discrimination in
favour of women.
 Women’s
advancement in
different spheres.
IMPORTANT CONSTITUTIONAL
AND LEGAL PROVISIONS FOR
WOMEN IN INDIA

24. CONSTITUTIONAL
PROVISIONS
 The Constitution of India not only
grants equality to women but also
empowers the State to adopt measures of
positive discrimination in favour of
women.
 Fundamental Rights prohibits
discrimination against any citizen on
grounds of religion, race, caste, sex or
place of birth, and guarantee equality of
opportunity to all citizens in matters
relating to employment.

25. Constitutional Privileges
 Equality for women (Article 14)
 The State not to discriminate against
any citizen on grounds only of religion,
race, caste, sex, place of birth (Article 15)
 The State to make special provision in
favour of women and children (Article 15)
 Equality of opportunity for all citizens
in matters relating to employment or
appointment to any office under the State
(Article 16)

26.  The State to direct its policy towards
securing for men and women equally the
right to an adequate means of livelihood;
and equal pay for equal work for both
men and women (Article 39)
 To promote justice, on a basis of equal
opportunity and to provide free legal aid
by suitable legislation or scheme (Article
39 )
 The State to make provision for
securing just and humane conditions of
work and for maternity relief (Article 42)

27.  The State to promote with special care
the educational and economic interests of
the weaker sections of the people and to
protect them from social injustice and all
forms of exploitation (Article 46)
 The State to raise the level of nutrition
and the standard of living of its people
(Article 47)
 To promote harmony and the spirit of
common brotherhood amongst all the
people of India and to renounce practices
derogatory to the dignity of women
(Article 51)

28.  Not less than one-third of the total
number of seats to be filled by direct election
in every Panchayat, Municipality to be
reserved for women (Article 243 )

29. LEGAL PROVISIONS
 To uphold the Constitutional mandate,
the State has enacted various legislative
measures intended to ensure equal rights,
to counter social discrimination and
various forms of violence and atrocities
and to provide support services especially
to working women.
 Although women may be victims of any
of the crimes such as 'Murder', 'Robbery',
'Cheating' etc, the crimes, which are
directed specifically against women, are
characterized as 'Crime against Women'.

30. The Crimes Identified Under the
Indian Penal Code (IPC)
 Rape (Sec. 376 IPC)
 Kidnapping & Abduction for different
purposes ( Sec. 363-373)
 Homicide for Dowry, Dowry Deaths or
their attempts (Sec. 302/304-B IPC)
 Torture, both mental and physical (Sec.
498-A IPC)
 Molestation (Sec. 354 IPC)
 Sexual Harassment (Sec. 509 IPC) 
Importation of girls (up to 21 years of
age)

31. The Crimes identified under the
Special Laws (SLL)
 The Employees State Insurance Act,
1948
 The Plantation Labour Act, 1951
 The Family Courts Act, 1954
 The Special Marriage Act, 1954
 The Hindu Marriage Act, 1955
 The Hindu Succession Act, 1956 with
amendment in 2005
 Immoral Traffic (Prevention) Act, 1956
 The Maternity Benefit Act, 1961
(Amended in 1995)
 Dowry Prohibition Act, 1961

32.  The Medical Termination of Pregnancy
Act, 1971
 The Contract Labour (Regulation and
Abolition) Act, 1976
 The Equal Remuneration Act, 1976
 The Prohibition of Child Marriage Act,
2006
 The Criminal Law Act, 1983
 The Factories Act, 1986
 Indecent Representation of Women
(Prohibition) Act, 1986
 Commission of Sati (Prevention) Act,
1987
 The Protection of Women from Domestic
Violence Act, 2005
 The Employees State Insurance Act, 1948

33. SPECIAL INITIATIVES FOR
WOMEN
 National
Commission for
Women
 Reservation for
Women in Local Self -
Government
 The National Plan
of Action for the Girl
Child (1991-2000)
 National Policy for
the Empowerment of
Women, 2001

36. RIGHTS OF HIV
People living with HIV and AIDS have
been discriminated throughout the world.
So, to reduce these disparities and
violating acts some rights have been laid
down bythe government and made the part
of constitution to protect them

37. RIGHTS OF HIV
People with HIV
infection/AIDS have
same basic rights &
responsibilities like:
1. Liberty,
autonomy,
security of the
person and
freedom of
movement.
2. HIV testing

38. 3. Confidentiality and privacy
4. Health and support services, public
benefits, medical schemes and insurance.
5. Education on HIV and AIDS.
6. The responsibility of media.
7. The right of safer sex
8. The right of prisoners
9. Duties of persons with HIV or AIDS.

39. DISABLED POPULATION IN INDIA

40. DISABLED
 Disabled Population in India as per census 2011 (2016
updated) – In India out of the 121 Cr population, 2.68 Cr
persons are disabled which is 2.21% of the total
population.
 Among the disabled population 56% (1.5 Cr) are males
and 44% (1.18 Cr ) are females.
 In the total population, the male and female population
are 51% and 49% respectively.
 Majority (69%) of the disabled population resided in rural
areas (1.86 Cr disabled persons in rural areas and 0.81
Cr in urban areas).
 In the case of total population also, 69% are from rural
areas while the remaining 31% resided in urban areas.

42. RIGHTS OF HANDICAP
Persons with disabilities face
discrimination and barriers that restrict
them from participating in society on an
equal basis with others every day
Disabled have however, remained
largely ‘invisible and unable to enjoy the full
range of human rights.
In recent years, there has been a
revolutionary change in approach, globally,
to close the protection gap and ensure that
persons with disabilities enjoy the same
standards of equality, rights and dignity as
everyone else.

43. DISABLED POPULATION IN INDIA

44. DISABLED
 Disabled Population in India as per census 2011 (2016
updated) – In India out of the 121 Cr population, 2.68 Cr
persons are disabled which is 2.21% of the total
population.
 Among the disabled population 56% (1.5 Cr) are males
and 44% (1.18 Cr ) are females.
 In the total population, the male and female population
are 51% and 49% respectively.
 Majority (69%) of the disabled population resided in rural
areas (1.86 Cr disabled persons in rural areas and 0.81
Cr in urban areas).
 In the case of total population also, 69% are from rural
areas while the remaining 31% resided in urban areas.

46. LEGAL RIGHTS OF THE
DISABLED IN INDIA
1. General legal provisions
2. The disabled and the constitution
3. Education Law for the Disabled
4. Health Laws
5. Family Laws
6. Succession Laws for the Disabled
7. Labour Laws for the Disabled
8. The rights of the disabled
9. Judicial procedures for the disabled
10.Income Tax Concessions

47. 11. The persons with disabilities (equal
opportunities, protection of rights and
full participation) act, 1995
Prevention and early detection of disabilities
Education
Employment
Affirmative Action
Non-Discrimination
Research and Manpower Development
Social Security
Grievance Redressal
The Mental Health Act, 1987
The Rehabilitation Council of India Act, 1992
The national trust for welfare of persons with
autism, cerebral palsy, mental retardation and
multiple disabilities act, 1999

48. UN Declaration on the Rights of
Mentally Retarded Persons
 The mentally retarded person has, to the
maximum degree of feasibility, the same
rights as under human beings.
 The mentally retarded person has a right
to proper medical care
 Right of economic security
 Whenever possible, the mentally retarded
person should live with his own family or
with his foster parents and participate in
different forms of community life. The family
with which he lives should receive
assistance.

49.  The mentally retarded person has a right
to a qualified guardian
 The mentally retarded person has a right
to get protection from exploitation, abuse
and a degrading treatment
 Whenever mentally retarded persons are
unable to exercise their rights in a
meaningful way or it should become
necessary to restrict or deny some or all of
their rights

50. The Right of Persons with
Disabilities Bill, 2014
 The Bill replaces the Persons with
Disabilities
 Act, 1995. Instead of seven disabilities
specified in the Act, the Bill covers 19
conditions.
 Persons with at least 40% of a disability
are entitled to certain benefits such as
reservations in education and employment,
preference in government schemes, etc.
 The Bill confers several rights including
disabled friendly access to all public
buildings, hospitals, modes of transport,
polling stations, etc.

51.  In case of mentally ill persons, district
courts may award two types of
guardianship: a limited guardian & plenary
guardian .
 Violation of any provision of the Act is
punishable with imprisonment up to six
months, and/or fine of Rs
10,000. Subsequent violations carry a
higher penalty.

52. RIGHTS OF AGEING
Ageing is a natural process, which
inevitably occurs in human life cycle.
Ageing refers to a decline in the
functional capacity of the organs of the
human body, which occurs mostly due to
physiological transformation, it never imply
that everything has been finished.
Hence, given an appropriate
opportunity, they are in a position to make
significant contribution to the socio-
economic development of their nation.

53. AGED

57. GOVERNMENTAL
PROTECTIONS
1. National Policy for Older Persons on
January 13, 1999:
 Pension fund
 Construction of old age homes and day
care centers for every 3-4 districts
 Concessional rail/air fares for travel 
Enacting legislation for ensuring
compulsory geriatric care in all the public
hospitals

58.  The Ministry of Justice and Empowerment
has announced regarding the setting up of a
National Council for Older Person, called
agewell Foundation. It will seek opinion of
aged on measures to make life easier for
them.
 Attempts to sensitise school children to
live and work with the elderly. Setting up of
a round the clock help line and discouraging
social ostracism of the older persons are
being taken up.
 The government policy encourages a
prompt settlement of pension, provident
fund (PF), gratuity, etc. in order to save the
superannuated persons from any hardships

59.  The policy also accords high priority to
their health care needs.
 According to Sec.88-B, 88-D and 88-DDB
of Income Tax Act there are discount in tax
for the elderly persons.
 Life Insurance Corporation of India (LIC)
has also been providing several scheme for
the benefit of aged persons, i.e.,Jeevan
Dhara Yojana, Jeevan Akshay Yojana,
Senior Citizen Unit Yojana, Medical
Insurance Yojana.
 Former Prime Minister A.B.Bajpai was
also launch ‘Annapurana Yojana’ for the
benefit of aged persons

60.  It is proposed to allot 10 percent of the
houses constructed under government
schemes for the urban and rural lower income
segments to the older persons on easy loan.

61. REFERENCES
 Sakharkar BM.Principles of Hospital Administration and Planning.
4th edition. NewDelhi : Jaypee Brothers Publishers(P) LTD;2006
 Basavanthappa B.T. Nursing Administration. 2nd edition. Jaypee
brothers. Delhi . 2009
 Mrs.Joglekar . S. Kamal. Hospital Ward Management
Professional Adjustments and Trends In Nursing.2nd
edition.Bombay:Vora Medical Publications;1993
 Francis.C.M, Mario C De Souza. Hospital Adminisration.3rd
edition. NewDelhi : Jaypee Brothers Publishers(P) LTD;2004
 Sharma Madhuri.Hospital Waste Management and its
Monitoring.2nd edition. NewDelhi : Jaypee Brothers
Publishers(P) LTD;2005
 Goel. S.L, Kumar. R. Hospital Administration And
Management.2nd edition.New Delhi:Deep & Deep
Publications;2000
 Jean Barrett.Ward Management and Teaching.9th edition.Delhi:
Konark Publishers PVT LTD; 1997