Child Protection Policy
Payana Child Protection Policy
Preamble:
Children are persons with rights. All children deserve a happy childhood and the opportunity to lead
a dignified life safe from violence, exploitation, neglect, deprivation and discrimination1. Payana
recognizes the vulnerable position of children within the context of our work focusing on human
rights, particularly in advocating for the rights of sexuality minority individuals. Our organization
operates in an environment where individuals, including children, may face discrimination, stigma,
and various forms of violence based on their sexual orientation, gender identity, or expression.
As such, Payana acknowledges the imperative to ensure the safety and protection of all children who
may come into contact with our services or activities. We understand that children experiencing
gender dysphoria2 or those who do not conform to traditional stereotypes of sexual orientation and
gender identity require specific safeguards to prevent harm, abuse, or exploitation. This child
protection policy is established to uphold the principles of dignity, equality, and respect for the
rights of every child, as outlined in the United Nations Convention on the Rights of the Child (UNCRC)
of 1989.
Through this policy, Payana expresses its determination and commitment to prevent any type of
abuse of children and ensure a safe, happy, serene and protected environment for every child to
grow and develop to realise their full potential. By adopting this Child Protection Policy, Payana
intends to streamline all interventions and make all areas of operation child sensitive and safe for all
children.
The current policy draws heavily upon the safeguards provided under the Constitutions of India,
various child-centric legislation, international treaties as well as other existing policies for the
protection and wellbeing of children. It aims at providing a safe and conducive environment for all
children through the prevention and response to child abuse, exploitation and neglect. It provides a
framework for the organization to understand our responsibilities in relation to safeguarding/
protecting children and promoting the welfare of children; individually and collectively.
Scope:
1
Preamble: National Child Protection Policy (Draft), 2018, MWCD, GoI
2
Gender dysphoria is a term which describes a deep sense of unease or distress that a person may have because of a mismatch between
their biological sex and their gender identity.
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This policy shall apply to all individuals associated with Payana, including governing body,
management, staff, volunteers, interns, consultants, and partners. The policy covers persons and
organizations, becoming binding for all those associated with Payana, in protecting, promoting and
securing the rights of all children at all the times, at all levels and in whatever capacity one operates.
It encompasses all programs, activities, events, and interactions involving children, both within
Payana's premises and in external settings where our activities take place. Payana shall adopt a Zero
Tolerance towards any forms of child abuse.
For further clarity, the individuals /organisations associated with Payana (“Associate” for short) in
any way are categorized as follows:
1. Governance and management are all members of the Board of Directors, General Body or any
other committee or sub-group created for any purpose
2. Staff and Consultants are all those who have an employment/consultancy contract with Payana
3. Volunteers are all those who volunteer their time and contribute to the mission and objectives of
Payana on a voluntary basis and without any financial benefit
3. Associate(s) refer to any individuals who are associated or affiliated with Payana including its
partners, visitors, consultants, interns, sponsors, donors, constituents, stakeholders, beneficiaries,
vendors, suppliers or those by any name called through any common intention who visit Payana
offices, programs or initiatives and come into contact with children through these programs or
initiatives and includes media persons, celebrities, researchers, journalists, etc.
Aim/Purpose:
The aim of this policy is to create a safe and nurturing environment for children, free from all forms
of harm, violence, exploitation, and abuse. By implementing robust safeguarding measures, Payana
seeks to prevent incidents of child maltreatment and to respond effectively if concerns arise. This
policy also aims to raise awareness among stakeholders about their roles and responsibilities in
protecting children and to foster a culture of accountability and transparency.
Clarification: This policy is specifically designed for Payana, the organization, and its affiliated
activities, programs, and environments. It is not intended to extend to individuals acting in their
individual capacities outside the purview, scope, jurisdiction, or geographical bounds of the
organization, particularly in private settings such as their own homes or personal situations where
they do not represent Payana. While Payana encourages all individuals associated with the
organization to uphold the principles of child protection in their personal lives, this policy is primarily
applicable to activities and interactions directly associated with Payana's mandate and operations.
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What the Policy Seeks to Do:
1. Ensure Child Safety: Payana is committed to prioritizing the safety and well-being of children in all
its activities and environments.
2. Prevent Harm and Abuse: This policy seeks to identify and mitigate risks that may expose children
to harm, including physical, emotional, sexual, and psychological abuse.
3. Promote Child Rights: Payana upholds the rights of every child, including the rights to non-
discrimination, participation, protection, and provision of support services.
4. Provide Support and Reporting Mechanisms: The policy outlines procedures for reporting
suspicions or allegations of child abuse and provides support to victims and survivors.
5. Training and Capacity Building: Payana will provide training and capacity-building opportunities to
staff and volunteers to enhance their understanding of child protection principles and practices.
Adherence to Child Protection Guidelines or Laws:
Payana adheres to national and international laws and guidelines related to child protection,
including but not limited to:
- The United Nations Convention on the Rights of the Child (UNCRC) of 1989
- The Protection of Children from Sexual Offences (POCSO) Act, 2012
- The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
- The Child Labour (Prohibition and Regulation) Amendment Act, 2016
- Guidelines issued by the National Commission for Protection of Child Rights (NCPCR) and State
Commission for Protection of Child Rights (SCPCR) or equivalent regulatory bodies.
Who is a child?
A child is defined as a person who has not completed his/ her eighteenth year of age, as per section
2(k) of the JJ Act, 2015. This is in conformity with the UNCRC, 1989 (Article 1).
Why do we need a child protection policy?
Payana believes that each child is born with inherent dignity and right to respect. Safeguarding every
young person entrusted to our care, directly or indirectly, is not only our duty and responsibility but
also our priority. This Child Protection Policy is our commitment to respect the rights of every child
and to contribute to the welfare, protection and empowerment of each child. By spelling out these
policy matters, we know we are applying, interpreting and implementing in our interventions and
activities, the laws enacted in our country for ensuring protection and promotion of children.
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What Constitutes Harm to a Child?
1. Harm to a Child: Any action which can result in harm to a child, whether intentional or
unintentional, constitutes child abuse. Abuse includes emotional, physical, sexual, or psychological
forms.
2. Forms of Child Abuse: Child abuse encompasses various forms of mistreatment as defined by the
World Health Organization. This includes physical and/or emotional ill-treatment, sexual abuse,
sexual exploitation, neglect, commercial exploitation, or any action that poses actual or potential
harm to a child's health, survival, development, or dignity.
3. Key Concepts: In understanding child abuse, it is important to consider the concepts of trust,
abuse of power, the child’s inability to consent or make choices, the age differential between the
perpetrator and the child, as well as the cognitive, emotional, and psycho-sexual development level
of the child. Additionally, the intent of gratification should be recognized as a factor in assessing
abusive behavior.
Overall, any behavior that violates the trust, dignity, and rights of a child, or that exploits the power
dynamics inherent in the adult-child relationship, is unacceptable and contrary to the values and
principles upheld by Payana.
Prevention of Emotional Abuse
Emotional abuse within Payana constitutes any persistent ill-treatment causing severe adverse
effects on emotional development and well-being. This includes failure to provide a supportive
environment for a child's emotional growth including conveying worthlessness or lack of love, or
valuing a child solely based on meeting others' needs. It encompasses verbal, mental, and
psychological maltreatment, including extreme punishment or threats towards children. This abuse
may manifest verbally, non-verbally, or through electronic or written communication. All forms of
abuse ultimately result in emotional harm and must be prevented within Payana's organizational
setting.
Prevention of Neglect
Child neglect is an act of omission or commission leading to the denial of a child's basic needs.
Neglect can be physical, educational, emotional, spiritual or psychological. Physical neglect entails
denial of food, clothing, appropriate medical care or supervision. It may include abandonment.
In the context of Payana, child neglect is the persistent failure or deliberate denial by an employee,
parent, caregiver, custodian, chaperone or anyone entrusted to provide a child with the necessities
for its good health and development. It includes child abandonment and/or depriving the child of
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care by not providing appropriate and necessary food, shelter, clothing, medical care and
supervision.
Prevention of Physical Abuse
As defined by the Ministry of Women and Child Welfare, Govt of India, in its study on Child Abuse,
physical abuse is "inflicting of physical injury upon a child. This may include slapping, hitting,
punching, shaking, kicking, beating or otherwise harming a child in any way physically even when the
parent or caretaker may not have intended to hurt the child. It may, even be the result of over
disciplining or physical punishment that is inappropriate to the child's age." (MWCD, Study on Child
Abuse: India 2007)
In this context, Payana strongly condemns physical abuse of children within its office spaces,
program locations, and activities, whether on its premises or in external settings where its programs
occur.
Prevention of Sexual Abuse
Sexual abuse of a child, (according to American Psychological Association) is the dominant position
of an adult which allows him or her to force or coerce a child into sexual activity. Child sexual abuse
is not solely restricted to physical contact; such abuse could include non-contact abuse, such as
exposure, voyeurism, and child pornography. The UNICEF (2003) has defined child sexual abuse as
contacts or interactions between a child and an older or more knowledgeable child or adult (a
stranger, sibling, or person in authority, a parent or a care-taker) when the child is being used as an
object of gratification for the older child or adult’s sexual needs. These contacts or interactions are
carried out against the child using force, trickery, bribes, threats or pressure.
It is further emphasized that any staff, volunteer, consultant, partner, or individual affiliated with
Payana caught viewing child pornography within our office spaces, program locations, or activities,
regardless of the setting, will face immediate and summary termination, underscoring zero tolerance
towards child abuse.
Children in Difficult Circumstances (Disability, Children with HIV, Orphans and
Vulnerable Children)
Children in difficult circumstances, including but not limited to those living with disabilities, HIV or
being orphan or vulnerable children or special needs in programs and initiatives are particularly
vulnerable and require special care and concern to ensure that they are not exploited by anyone and
that they are able to access all the rights to realise their full potential.
Prevention of Verbal Abuse in an Organizational Setting
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Any kind of irresponsible use of words which hurt the dignity of children would be considered verbal
abuse. It refers to the use of words by an Associate which leaves a lasting negative emotional impact
in a child or hurts the sensitivity of a child.
Penalty for Violations
Any violation of this child protection policy will result in disciplinary action, which may include
termination of employment, dismissal of volunteers, or termination of partnerships. Additionally,
individuals found guilty of child abuse or exploitation may be subject to legal prosecution in
accordance with applicable laws.
Enforcement of Child Protection Policy
Payana will take decisive action against any alleged harm, neglect, or abuse perpetrated against
children, initiating criminal proceedings under relevant provisions of the Indian Penal Code or
applicable Central or State legislation. In instances of suspected misconduct by volunteers, staff, or
consultants, their services may be immediately suspended pending inquiry or terminated, based on
the severity of the offense and the discretion of the Board of Directors.
Additionally, any member of Payana's Governing Body, General Body, Partner Organizations, or
Associates found to violate this policy will face suspension of all affiliations, privileges, or contracts
until cleared through any civil or criminal proceedings initiated under the law.
Child Protection Fund: Remediation and Restorative Actions
Payana will promptly commence the remediation process for child victims/survivors, employing
medical and/or restorative mental health interventions. Funding for this purpose will be drawn from
Payana's Core Fund.
Furthermore, Payana will allocate 1% of its annual budget towards establishing a Child Protection
Fund. This fund will support various initiatives, including capacity building for Payana's human
resources, constituents, partner organizations, associates, and affiliations. Additionally, the fund will
cover expenses related to legal proceedings, medical costs, and restorative practices aimed at
promoting the well-being and recovery of children affected by abuse or neglect.
All donor agencies shall be appraised of this fund and asked to actively contribute towards the same.
Contributions to the Restorative Fund shall be in addition to applicable Management Cost.
