Approach : Children have the inalienable right to protection and safeguard from all forms of abuse, maltreatment, and harm. Bhumi is committed to maintaining an environment in all its program locations that is positive and nurturing where children feel safe and secure.

Any form of humiliating treatment and abusive treatment is not only a violation of the child’s right to protection from violence but also counterproductive to learning and development, which are the primary purposes of education.

The Child Protection Policy is guided by the National Policy for Children 2013 of the Government of India, which is a reaffirmation to Bhumi’s Commitment that children are to be protected from all forms of harm, abuse, neglect, violence, maltreatment, and exploitation at schools. 

Hence a Child Centric rights approach as per the Protection of Children from Sexual Offences Act (POCSO) 2012, National Policy for Children 2013 and UN Convention on the Rights of the Child are deeply implied in the present policy. 

The Child Protection Policy is a statement of intent that defines Bhumi’s commitment to safeguard children from harm and abuse. It helps to create a safe and positive environment for children and specifies stakeholder responsibilities and roles in the protection of children.  Purpose of this Policy To promote a safe and positive environment in Bhumi premises, conducive for learning and development in partnership with children.

• To clearly state Bhumi’s position on the safety and protection of children and measures taken to ensure the same. 

• To define the roles and responsibilities and accountability of all stakeholders working with children.

• To enable the staff and others to recognize signs of abuse or situations when a child may require protection and help, and importantly enable them to report or bring to the notice of the concerned authority for immediate action.

• To set in place mechanisms for monitoring review and implementation of the child protection standards. 

Applicability & Scope The scope of this policy covers the responsibility of Bhumi staff, fellows, tutors, and volunteers towards the safety and protection of children. The policy also covers the responsibility of partners with whom Bhumi works such as alumni, donors, vendors, etc. From here on, they will be grouped as “representatives” of Bhumi.

• Within Bhumi premises and at all times when Bhumi work is conducted. 

• In relation to transportation organized by Bhumi and private and public transport service providers arranged by Bhumi to the extent possible. 

• Off-site events organized by Bhumi or when children represent schools/shelters/communities in outside events authorised by Bhumi during and after normal engagement hours

• The policy is applicable to all personnel and persons who represent Bhumi who come in direct and indirect contact with children. 

• Direct contact with children: Being with and in the physical presence of a child or children as part of their professional related work, be it regular, occasional, temporary or long term 

• Indirect contact with children: Those whose work does not require them to be in the physical presence of a child but encompasses access to personal details and information, data on children including photographs, case file, etc. 

This policy in its current form does not cover the following aspects related to child safety: 

• Risks to physical safety, health and hygiene of the child within the educational premises owned/leased/ managed by parties outside of Bhumi.

• Risk to a child from other children within school premises.

GUIDING PRINCIPLES OF THE POLICY 

• Recognising the right of children to survival, protection, development, and participation.

• Zero tolerance towards any and all forms of child abuse – physical, emotional, sexual.

• Respecting the dignity, liberty, equality, and freedom of children

• Belief in the child’s own agency and ability to contribute effectively, especially in decisions concerning the self

• In defence of the best interest of the child.

• Respecting confidentiality and the right to privacy of children 

• Belief that child protection is the responsibility of all individuals and institutions associated with the children directly or indirectly.

Definitions 

• ‘Child’ is any person under the age of 18 years or one who has not completed 18 years of age as per the Juvenile Justice Act 2000.

• ‘Premises’ will include the registered office, branch offices, premises including schools, shelter homes, community centres and other premises at which Bhumi conducts its programs.

• The term ‘representative of Bhumi’ will be used to describe those employed at Bhumi including those working on a voluntary/unpaid basis. This term would include support teams, fellows, interns, volunteers, mentors, tutors, alumni and consultants who come into contact with children, directly or indirectly.

• ‘Authorised Persons’ include program level staff at Bhumi that have a good understanding of the CPP and the decision making power to make decisions in the best interest of the children included in their respective program. They can include the Manager, Lead, Co-ordinator.

• ‘Child abuse’ or ‘abuse’ shall mean and include intended, unintended and perceived, whether habitual or not, abuse or maltreatment of a child and shall constitute and include all forms of physical abuse, emotional abuse, sexual abuse, or neglect or negligent treatment, or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power. It includes any act, deed, or word which debases, degrades, or demeans the intrinsic worth and dignity of a child as a human being. 

• ‘Physical abuse’ shall mean and include the intentional/ unintentional inflicting of physical injury upon a child. This may include burning, hitting, punching, shaking, kicking, beating, using potentially harmful substances, or otherwise harming a child intentionally or as a result of over- discipline or physical punishment. 

• ‘Emotional abuse’ shall mean and include verbal abuse and mental abuse. It includes acts or the failure to act by any Bhumi representative that has caused or could cause serious behavioural, cognitive, emotional, or mental trauma. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may involve serious bullying, exploitation or corruption of children. 

• Neglect: A condition where there is a failure to protect the child from exposure to any kind of harm or danger that results in significant impairment in the health and development of the child. 

• Harm: Any Act or behaviour, often intentional that hurts, causes grievous injury, pain to trauma to the child.

• ‘Sexual abuse: Acts or behaviour as defined under the Protection of Children from Sexual Offences Act, 2012 (POCSO). 

• ‘Rights’ shall include all rights guaranteed to a child under The United Nations Convention on the Rights of the Child and include the rights of the child to freedom of expression, thought and association, right of the child to education, the rights of the child to rest and leisure, the right of the child to be protected from economic exploitation and performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development. 

• ‘Risks’ shall mean and include any potential or probable harm to the child or any danger/risk of a child suffering child abuse or the violation of his/her rights.

Child Protection Code of Conduct
No employee / fellow / volunteer / donor shall ever :- 

Use language or behaviour towards children that is inappropriate, harassing, abusive, demeaning or culturally inappropriate. 

Embarrass any child or engage in any action that humiliates, or degrades a child

Eg: Asking a child to stand facing a corner for a significant amount of time. Flinging objects across the classroom in anger, making them feel powerless and unsafe

Discriminate against a child on the basis of caste, economic status, culture, age, gender, disability, religion, sexuality, political persuasion or any other status.

Use physical means or corporal punishment to discipline or control a child on Bhumi premises or outside.

Eg: Subjecting them to painful body postures such as kneeling, standing on benches with hands raised / weight on head, holding ears through the legs, etc. Slapping / spanking / pinching the child / hitting child on the knuckles. Throwing objects at the child – chalk, eraser, books, paper etc.

Develop, encourage, induce or support relationships / arrangements with children which could be deemed sexual, exploitative or abusive.

Behave or suggest physically or otherwise in a manner, which is inappropriate or sexually provocative or may be considered to be sexual abuse. 

Eg: Having inappropriate conversations which might be sexual in nature. Touch, kiss, hug, fondle, or rub a child in any way that is considered inappropriate, culturally insensitive or make the child uncomfortable or may be construed as sexual abuse, even for the purpose of demonstration / learning.

Provide unsolicited assistance to a child, of a personal nature, that a child could do on its own including but not limited to dressing, bathing, and grooming. 

Take/collect photos, videos, or stories of children and/or upload the same online or on any social networking sites without prior permission from the authorised persons.

Share their personal mobile phones with children without supervision

Use technology to create, view, download or distribute any inappropriate or offensive material, including, but not restricted to, abusive images of children, pornography or material encouraging crime, violence, terrorism, racism, sexism, self-harm, suicide, cruelty and gambling.

Use or encourage children to run personal errands in any form that may be construed as exploiting the relationship with the child.

Use / encourage the use of alcohol, drugs, cigarettes or other intoxicating substances while in the vicinity of children and refrain from providing the same to children.

Give cash or gifts to children in a personal capacity.

Bring individuals, who are not registered with Bhumi, to any programme location without prior permission from authorized persons.

Enable / Place a child at risk of abuse or exploitation / inappropriate conduct or be aware of these and not report it or not do anything about it.

Eg: Refusing the use of transport (view section Safety of the Child) 

Bhumi representatives MUST:  Treat every child equally, with empathy and respect, regardless of their gender, caste, colour, sexuality, disability, language, religious belief, political or other opinion, and national / ethnic origin.

Make children feel heard, respect their views and right to self-determination.

Be dressed appropriately (business casuals / semi-formals/ formals) in the presence of children and in Bhumi premises.

Ensure that another authorised adult is present when working with children outside their normal premises. Eg., school teacher, parent, guardian etc.

• Seek permission from authorised persons if they wish to visit a programme location apart from their stipulated time.

• Seek prior permission from authorised persons to take children for outings. This may only be done in pairs / groups.

• Keep data about children confidential and refrain from sharing it to any third party without the consent from authorised persons. 

• Report any violations of the policy to the respective authorised person / Child Protection Committee.

Child Protection Officer

• Ms. Vaishnavi Srinivasan shall be the Child Protection Officer for Bhumi and shall hold office for 3 years. 

• Bhumi shall, from time to time designate Child Protection Officers for the purposes of implementing this CPP and receiving queries, complaints and grievances about Child Abuse / Harrassment. 

Child Protection Policy – Implementation 

Bhumi’s Responsibility 

Bhumi commits to preventative and protective measures that aim to decrease the abuse of children and protect their rights. 

Preventative Measures:

• RECRUITMENT AND ENGAGEMENT PROCEDURES 

To safeguard and protect all children at Bhumi, Bhumi will do the following: 

• Screening for all positions by the Bhumi employee / volunteer recruitment teams

• Get a written application and conduct personal interviews. 

• Carry out Background verification (through reference checks, and conversations with previous employers or in any other manner as deemed appropriate).

• Ask questions pertinent to child sexual abuse screening. Do criminal background checks and internet search wherever required.

• On recruitment, provide CPP and ensure acceptance of the CPP, Code of Conduct/ethics through a signature of the recruited employees

• Donor and Mentor Organisations sign an undertaking taking responsibility for their employees, volunteers and visitors who enter Bhumi premises and engage with children

• Individuals engaging directly with Bhumi as volunteers will sign the Code of Conduct of the CPP, stating their acceptance and adherence to the same

• The Child Protection Code of Conduct is to be shared with long-term vendors of Bhumi along with the MoU to be acknowledged.

• INTERACTIONS BETWEEN ADULTS STAFF, ADOLESCENTS AND CHILDREN 

• Responsibility for children: Consider who is responsible for children before and after activities officially begin. 

• Out-of-program contact restrictions: Programs should limit contact between Bhumi representatives and the child to Bhumi related/approved activities and programs and/or to certain locations.

• Responding to what is observed: All personnel should be prepared to respond immediately to inappropriate or harmful behaviour, potential risk situations and report these behaviours if necessary. 

• Clear reporting structure within Bhumi: Bhumi should have a well-defined reporting structure for Child Protection. 

• ENSURING A SAFE ENVIRONMENT 

• Visibility: Building or choosing spaces that are open and visible to multiple people. Ensure safety of children while using toilets or bathrooms, and adult supervision in laboratories, sports equipment rooms etc., to address risk of adult sexual abuse, but also the risk of inappropriate or harmful contact among children. 

• Access control: Implement adequate access control at entry and exit points of the premises such as tracking visitors and maintaining daily log for all visitors from Bhumi.

• Off-site activity guidelines: When trips outside the regular premises are organised by Bhumi including excursions, picnics, educational tours, the following are to be mandatorily followed – written permission of parent/guardian (details to include: place of visit, time of departure and estimated time of return, emergency contact information, potential risks) 

• Safety orientation to children should be provided. 

• No room shall be locked from inside or latched from outside during operational hours when children are present in them.

• Safety precautions will be taken and all reasonable efforts to keep children away from the execution area during any building or remodeling work will be made.

• Safety nets, hard barrications and barrication tapes should be installed before commencing any major construction activities

• Construction materials and procedures should be as per quality standards to ensure safety of the constructed or renovated work in the near future.

• While working in girls school, girls should have safe, secure, and separate access to bathrooms.

• Awareness should be created among the children not to trespass the barricaded construction area. 

Transportation Policy

Children may only be transported in closed vehicles such as autos, buses and cars to and from locations for events organised by Bhumi. Vehicle capacity not to be exceeded. 

• Children must be accompanied by a Bhumi representative/ Centre authority/ Parent / Guardian during the entire duration of the travel

• A single mode of transport should be adopted when children need to travel between two locations (point A to point B) within the city. Unnecessary breaks and stops must be avoided.

• Travel can only take place with the written consent from the guardian / parent of the child. (refer to Off-site activity guidelines in the above section)

• Permission must be undersigned by the authorised person/ Centre authority.

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• Communication & Tech Considerations 

• There can be no contact with children after designated hours in the form of visits, phone calls or other online platforms. In any case of emergency, you may reach out to the child only with permission from the Authorised Person and through the caregiver of the child. 

• There can be no connection or contact by Bhumi representatives with children on social media platforms such as Facebook, Instagram, etc.

• Alumni of Bhumi who wish to remain in touch with children they were associated with in the past may only to do through the Authorised Persons / caregivers of the children and will follow all aspects of the Child Protection Policy in their interactions with the children.

Capacity Building Measures

Bhumi will provide the necessary resources and direction for training Bhumi employees and fellows on the CPP, POCSO, JJ Act and child rights, to ensure they are aware of the key provisions, the redressal mechanism in case of violation, mandatory reporting, media relation and above all maintaining confidentiality. 

• Volunteers, donors and other representatives will be oriented on the CPP upon their association with Bhumi by the respective programme teams.

• Attendance is mandatory for the sessions. Representatives may not be allowed to engage with children or partake in Bhumi’s activities until acknowledgement of understanding of and agreement to adhere to the CPP is obtained.

Protective Measures

Child Protection Committee members will be nominated from Program Teams working with and for children directly. (see section Constitution of Child Protection Committee). These members together form Bhumi’s Child Protection Committee. The Authorised Persons and members of the Child Protection Committee must ensure the following: 

• Adherence to the CPP of all representatives of Bhumi within their respective programmes.

• That the concerned representative/s of Bhumi follow the prescribed procedure for documenting safety violations and provide support & guidance

• Training on CPP to all relevant members within the programme

• Identify program specific challenges and devise monitoring mechanisms

• Disseminate information about the CPP/CPC and enable access to stakeholders

• Annual review of the CPP with the Child Protection Committee

• Receiving all complaints of child abuse. 

• Ensure that records pertaining to the complaints are well maintained

• Ensuring mandatory reporting of child sexual offences to the Child Protection Committee and work with legal groups to ensure 

• The Child Protection Officer will be co-signatory for reporting the incident (if it occurs on Bhumi premises) to the police and local authorities as notified under the POCSO ACT. 

• Following procedures where there are allegations of child safety violations

• Ensuring confidentiality

Monitoring Mechanism 

• Every program in Bhumi involved directly with children must design and set up comprehensive monitoring mechanisms to check for violations on Bhumi premises

• These mechanisms will be done on a quarterly basis and the findings documented, to be shared with the Child Protection Committee Member of the Program Team on email. If findings are abnormal or if abuse/harassment is suspected, the report will have to be shared with the Child Protection Officer immediately.

• The methodology adopted must be qualitative and child-facing in nature. The method must be non-threatening and done in a closed space so as to not allow interruptions from the outside. 

• Two Authorised Persons from the Program will need to supervise the planning, scheduling, completion, analysis, and record keeping and of the data collection

CHILD PROTECTION COMMITTEE (CPC) 

The members of the committee should be well versed with the POCSO Act, Juvenile Justice Act, any other law relating to safety of children and Central or State Government Notifications relating to child safety and the child protection policy of the school. 

All incidents of child abuse or violation of the code of conduct as defined hereinabove within Bhumi premises and at all times when Bhumi work is conducted, while participating in activities organized by Bhumi or representing Bhumi in activities or using transportation organized by Bhumi will be taken up by the CPC. 

The CPC shall extend all cooperation to the police, judiciary and local administration in investigation of the child abuse.

CPC shall address all incidents reported to it and will not influence the child’s parents/guardian or other authorities to suppress the issue. CPC shall act independently and shall not be influenced by the Bhumi Management, School Management, parents or any other person to act in detriment to the child’s rights or safety or against any applicable law. Any incidence of child abuse in the institution, if unaddressed, can possibly lead to similar such incidents, thus violating the nature of the institution as a place of care & protection for children in the process of schooling. 

CPC to update the board on a quarterly basis about workings, reports of cases and proceedings.

A review of the working of the CPC should be held once every 3 months with at least 80% of its members present. The meeting needs to have on its agenda review of the previous quarter, any threats/risks discovered during that period, and additional measures to be taken to strengthen child protection measures in the institution. The minutes of the meetings must be recorded and circulated among the members

Constitution of CPC

• CPC is constituted by the Executive Director (ED) of Bhumi in consultation with the Bhumi Board for a period of 3 years. The ED will also be the Child Protection Officer for Bhumi

• CPC shall have a minimum of 5 members and the number of members shall be in odd numbers at any given time. There must be at least one representative from the different programs directly working with children. A Board Member shall also be part of the CPC.

• 50% of the committee members shall be women. 60% of the Committee must constitute of permanent staff of Bhumi.

RESPONSIBILITIES OF THE CHILD PROTECTION OFFICER

• To display details of the CPC committee at conspicuous places at school, shelter homes and all other premises from where Bhumi operates. 

• To ensure that the parents, centre staff and other stakeholders are given the information about the CPC, its functioning and the complaint redressal process through oral or written communication. 

• To ensure that the various Program Teams nominate persons to the CPC.

• To ensure that the CPC’s constitution is as decided previously

• To ensure that the monitoring mechanisms are in place for the various Program Teams.

• To inform all committee members of the inquiry. 

• To convene meeting for inquiry.

• Conduct inquiry following principles of natural justice.

• Maintain confidentiality.

• Do all required correspondence.

• Communicate with parties about outcome of inquiry

• Inform or report to police authorities or any other as per applicable laws.

• Store records of violations, witness reports, investigation processes, minutes of meetings, actions taken, consequences and support mechanisms in organisation archives.

REPORTING MECHANISM 

• Any child who is a victim of abuse / harassment by a Bhumi representative may report.

• Any individual who suspects any abuse / harassment as outlined in the Child Protection Code of Conduct by a Bhumi representative during the course of their work may report

Received from children, teachers, school / centre staff, employees, fellows, volunteers, parents/guardians

• The Child Protection Officer must take cognizance of and record the complaint in the Report of Suspected Child Abuse immediately. 

• The Child Protection Officer must inform the CPC of the complaint before the close of the day. 

• If the nature of the abuse is sexual in nature, the CPO must report and take measures in accordance with the POCSO Act, without delay.

• The CPC must inform the parents/guardian of the child and, if the allegation of abuse prima facie constitutes a cognizable offence or an offence under the POCSO Act.

• The CPC, in its deliberations shall arrive at the nature of the violation, extent of injury/abuse and impact on the child. 

• In the event of a suspected child abuse, the Authorised Person may seek the advice of a professional social worker/counsellor, lawyer or Child Rights Protection organization either within the institution or from outside and report it to the Child Protection Officer who shall determine whether the child is at risk or has been subject to abuse. 

• Confidentiality is to be maintained at all times. No details that can identify the child can be released to anybody outside the CPC and the relevant government / legal authorities.

First steps to be taken:

• The child who has complained of abuse must be taken to a safe place and given professional counselling.

• Ensure confidentiality so that the child is not subjected to further trauma and public scrutiny. 

• Encourage the child to narrate his or her own story without probing for information that the child appears unwilling to give. Do not harass the child by asking probing questions, telling the child nothing has happened, ignoring the child or attempting to hush up the matter. Do not lead the child. 

• Reassure the child that his/her problem will be attended to

• Evidence of the child’s abuse must be protected in the event the case is taken up by police and the courts.

• Inform the parents / guardians of the child

• Administer first aid / CPR if required

• The institution’s qualified social worker/counsellor needs to counsel and reassure the child till the child’s parents arrive and take custody of the child.

• In case other children are involved in the abuse of the child, their parents too need to be informed of what has happened, how their children have been involved, and asked to take their wards home till further notice, if required. This will be decided by the CPC along with the school / centre staff.

Inquiry to be conducted by CPC 

• The concerned representative of Bhumi needs to be informed by the CPC, that an allegation for professional misconduct has been received and is being reviewed.

• A written reply be asked from them for the allegations made against them.

• The representative will further be requested to step out of the classroom or workstation until an investigation of the incident has been completed. The representative may be suspended / barred from association with the organisation and events pending Inquiry. 

 The CPC will conduct the inquiry by following principles of natural justice.

The Investigation

The investigators must follow the following protocol: 

• Interview the person making the allegation (if person is different from the alleged victim)

• Interview the alleged victim

• Interview any additional witnesses

• Interview the employee/volunteer/representative of Bhumi who is alleged to have committed the act 

The members of the CPC will convene to discuss the finding with at least 80% of its members present with mandatory participation from the member/s of the Program Teams directly related to the violation. The CPC is expected to make a unanimous decision regarding classification of the incident and the consequences to be initiated. In the case that there is a disagreement among the members, the Child Protection Officer’s decision remains final and binding. 

Classification of Incident 

 After collecting all of the facts, the investigators may report their findings as follows: – 

• Charges are Substantiated 

• Charges are Unsubstantiated 

Consequences 

If allegations are substantiated, consequences or steps for improvement will be determined by the members of the committee authorised or designated to take decisions. 

Since each case is unique, the committee will determine the best course of action based on the facts of the incident and the history of association of the person in question. Consequences may range from revoking privileges to termination of association with Bhumi.

If the committee finds that disciplinary action may result in termination, the consequence will be issued regardless of employment classification. This entire process should be completed within 15 working days from the time the case was reported to the CPC. 

Commitment to Values of Restorative Justice

Bhumi’ CPC must make a commitment to the 5 “Rs” of Restorative Justice and adhere to them wherever and as much as possible, while deciding the course of action.

• Relationship: If there is a need for Restorative Justice, it’s because a relationship has been harmed in some way. The aim is to help repair this harm, giving the harmer a safe space to take responsibility and make amends.

• Respect: This principle refers to how respect allows for a safe experience for everyone involved in the process. Respect involves listening to the other person’s perspective, whether we agree with it, and behaving in a way that allows the process to play out safely for everyone.

• Responsibility: The harmer and the harmed must take responsibility for their part in the harm if there is any. Each party must be honest with themselves and reflect deeply to see if they did have a part in the incident, even if they were the harmed person.

• Repair: The harmer is supposed to repair as much harm as they can, whilst still acknowledging that it may not all be able to be repaired. The repair carried out by the harmer should be able to resolve feelings of anger and hurt from the harmed and help the harmer to regain feelings of respect for both themselves and others.  

• Reintegration: The community should allow the harmer to accept their part in the harm and reintegrate back into that community with trust.

Responsibility of adhering to and notifying about the CPP

• Volunteers / Fellows / Facilitators – Respective program teams must keep records of signatures at the time of induction into the program.

• Partner Organisations / Donors – Respective program teams must notify and get adherence from the partner about the CPP and its terms at the time of signing the MoU.

• School / Centre Authorities – Respective program teams must convey the terms of CPP and expectations from the representatives of Bhumi at the time of signing the MoU

• Employees – HR will facilitate training of the policy for all employees and will get everyone to sign. HR will maintain all signed policy documents by all Bhumi employees.
  
  
  If you come across any violation of the above policy, contact Bhumi’s Child Protection Committee via child.protect@bhumi.ngo or call 87544-13255