Tuesday, February 23, 2016

LEGISLATIONS RELATING TO PROTECTION OF RIGHTS OF CHILDREN IN INDIA



SASI K.G.
Child is a word which has no uniform meaning in the numerous enactments under the constitution of India. Children of different age groups are identified for different purposes in the Indian legal system. Let us consider the legal concept of child in detail.

01. Who is a Child under Indian Legal System?

Generally the term child is equated with the term of minor under Indian legal system. Until the Indian Majority Act (Amendment) Act, 1999 came into existence the attainment of majority according to Indian Majority Act, 1875 was of two kinds, namely at eighteen years normally and at twenty one years in the case of a minor on whose behalf a court has appointed a guardian. However, Indian Majority Act (Amendment) Act, 1999 fixed the age of majority as uniform at the age of eighteen. But Section 2 of the Indian Majority Act, 1875 states,
2.      Savings. -Nothing herein contained shall affect-
 (a)       The capacity of any person to act in the following matters (namely), marriage, dower, divorce and adoption;
 (b)       The religion or religious rites and usages of any class of citizens of India; or
 (c)       The capacity of any person who before this Act comes into force has attained majority under the law applicable to him.
Section 2 (a) of The Child Marriage Restraint Act, 1929 defines a child as, “"Child" means a person who, if a male, has not completed twenty one year of age, and if a female, has not completed eighteen years of age ;”  Section 2 (a) of The Prohibition of Child Marriage Act, 2006 which repealed The Child Marriage Restraint Act, 1929 also follows the same definition.
Indian Succession Act, 1925 protects the succession rights of posthumous children. In addition to that Section 7 of Indian Succession Act, 1925 states, “7. Domicile of origin of person of legitimate birth.-The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father's death.
Thus the definition of child varies from an unborn child to an individual of the age of twenty one. However some definitions of child according to certain legislations do not include all minors. Some examples in this regard are given below.
Section 22 (ii) of the Kerala Education Act, 1958 defines, ““child” means a boy or girl between the ages of six and fourteen at the beginning of the academic year;”
Section 2(d) of Kerala Children Act, 1972 defines, “ "child" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years and when used with reference to a child sent to a children's home or special school applies to that child during the whole period of the stay, notwithstanding that during the period of such stay, the child may have attained the above age limit;”
Section 2 (ii) of The Child Labour (Prohibition and Regulation) Act, 1986 (Act No. 61 of 1986) defines child as, “child" means a person who has not completed his fourteenth year of age.
The concept of child in Indian Penal Code, 1860 is not strictly in tune with minority but varies largely and is classified into groups such as unborn child as in Section 316 Causing death of quick unborn child by act amounting to culpable homicide, child under seven years as in Section 82 Act of a child under seven years of age, child between seven to twelve as in Section 83 Act of a child above seven and under twelve of immature understanding, child below thirteen and fourteen as under Manipur State Amendment Act 30 of 1950 of Section 375 Rape of Indian Penal Code, child below fifteen as per Section 375 Rape of Indian Penal Code, , child below sixteen as per Sections 375 Rape, 361 Kidnapping from lawful guardianship, 363A Kidnapping or maiming a minor for purposes of begging, and 375 Rape, child under eighteen years as in Sections 305 Abetment of suicide of child or insane person, 361 Kidnapping from lawful guardianship, 363A Kidnapping or maiming a minor for purposes of begging, 366A Procuration of minor girl, 372 Selling minor for purposes of prostitution, etc, 373 Buying minor for purposes of prostitution, etc. In Constitution of India the provisions in regard to children are largely for those who are under fourteen years as in Articles 21A, 24, 45, and 51A(k).

02. Rights of Children under Constitution of India

 Among the numerous rights entrusted to the children the most express few which are having a direct bearing on the topic are quoted below.
Article 15 (3) of the constitution provides for making special legislation for children. It runs, “(3) Nothing in this article shall prevent the State from making any special provision for women and children.”
Article 21A of the constitution provides for making special legislation for free and compulsory education to all children of the age of six to fourteen years. Article 21 A runs as, “21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”
Article 24 of the constitution provides for the prohibition of employment of children in hazardous employment in factories, mines etc.. Article 24 runs as, “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 28 (3) of the constitution provides for prohibition of compulsory religious instruction in educational institutions without the consent of the guardian of a child. Article 28(3) runs as, “(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.”
Article 39 (e) and 39 (f) of the constitution directs the State to secure the interests of the children and for their protection against abuse and exploitation and to uphold their dignity. Article 39 (e) and 39 (f)  runs as, “39. The State shall, in particular, direct its policy towards securing—
………………………………………………………………………………………
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are 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 and youth are protected against exploitation and against moral and material abandonment.”
Article 45 of the constitution directs the State to provide free and compulsory education for children. Article 45 runs as, “45. The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Article 51A of the constitution casts a fundamental duty on every parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years. Article 51 A runs as, “51A. It shall be the duty of every citizen of India—
(k) who is a 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.”
Article 350A of the constitution directs every State and every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. Article 350A runs as, “350A. It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.”
The topic ‘infants and minors’ comes under item 5 of  List III—Concurrent List of the Seventh Schedule of the Constitution of India. Hence both the Central and State Governments can make legislation for the protection of infants and minors i.e. children.
Thus the Union and States are at liberty and duty bound to ensure the welfare of the children through legislation. Such legislations range from the state of a child from foetus to the attainment of majority. Some of the important classes of such rights and the legislation in that regard are described below.

03. Laws Protecting the Rights of Unborn Children

A few laws protecting the rights of unborn children are briefed hereunder.

01. Medical Termination of Pregnancy Act, 1971 [Act, No. 34 of 1971]

This Act was enacted with an intention to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto. Even though the Act allowed medical termination of pregnancy, it made all termination of pregnancies except made under supervision of registered medical practitioners as punishable. Section 3 (2) of the Act runs as follows,
(2) Subject to the provisions of sub‐ section (4), a pregnancy may be terminated by a registered medical practitioner,‐‐
(a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion formed in good faith, that‐‐
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or
(ii) there is a substantial risk that if the child were born, it would be suffering from such physical or mental abnormalities as to be seriously handicapped.
Explanation 1.‐‐Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
Explanation 2.‐‐ Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.
This Act also insisted that no termination of pregnancy shall be made in accordance with this Act at any place other than (a) a hospital established or maintained by Government, or (b) a place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government.
The person who is not a registered medical practitioner and terminates pregnancy, a person who terminates any pregnancy in a place other than prescribed by this Act, and the owner of such unapproved place shall be punishable under Section 5 of this Act.

02. The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994)

This Act was amended in 2002 (Act No. 14 of 2003). The intention of this Act was to provide for the prohibition of sex selection, before or after conception, and for regulation of prenatal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide; and, for matters connected therewith or incidental thereto.
Section 4(3) of the Act proved for,
3. no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are
fulfilled, namely:—
(i) age of the pregnant woman is above thirty-five years;
(ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;
(iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
(iv) the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease;
(v) any other condition as may be specified by the Central Supervisory Board;
Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography.
Thus this Act also prohibited the unhealthy practice of subjecting all pregnant women for ultrasonography and other scanning technology.
This Act provided for the constitution of a Central Supervisory Board and State Supervisory Boards, Appropriate Authorities and Advisory Committees and also made the registration of institutions doing ultrasonography, genetic clinics, etc compulsory. The Act ordained punishments to those who contravened the provisions of this Act by revealing the sex of the foetus, by functioning without registering under this act, not keeping proper records etc. There was also provision for the removal of the delinquent doctor’s name from the register of the State Medical Council, for five years for the first offence and permanently in case of repetition of the same offence.

03. Section 312 of the Indian Penal Code, 1860

Section 312 of the Indian Penal Code, 1860 treats causing miscarriage is an offence punishable under law. The section runs as, “312. Causing miscarriageWhoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation —A woman who causes herself to miscarry, is within the meaning of this section.”

04. Laws Protecting Children at the time of their Birth

When a child is born its care is dependent upon the care given by its mother and father. It is the duty of the parents to look after the children and the society has a duty to provide for the facilities necessary to the parents for the proper care of their children. Hence the Maternity Benefit Act, 1961 (No. 53 of 1961) and similar laws are important in this respect.

01. Maternity Benefit Act, 1961

Maternity Benefit Act, 1961 (No. 53 of 1961) was enacted to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. According to Section 5 (3) this Act, “The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.” During this leave she will get full wages. But no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
Section 9 of the Maternity Benefit Act states,9. Leave for miscarriage. -- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.”
Answering the starred question No. 167 of Smt. Pal Shri Jagdambika on 09.03.2015, Minister of State (IC) for Labour and Employment, Sri. Bandaru Dattatreya had said that the present Central Government had no proposals to bring amendments to the Maternity Benefit Act, 1961.
However there are better provisions already available to Government employees in this regard. Kerala Government Employees as per Pay revision 2009 enjoys 180 days of Maternity Leave, whereas Central Government employees enjoy only 135. Kerala Government Employees enjoy 10 days Paternity Leave whereas the Central Government employees enjoy 15 days. The Central Government female employees enjoy Child Care Leave for 730 days in their entire service to look after their minor children too, but Kerala Government Employees do not enjoy that benefit. Kerala Government provides 15 days’ Special Casual Leave for the employed parents of differently abled children. Central government Employees also get 45 days Maternity Leave for miscarriage whereas State Government Employees get six weeks.

02.  The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992


This Act provides for the regulation of production, supply and distribution of infant milk substitutes, feeding bottles and infant foods with a view to the protection and promotion of breastfeeding and ensuring the proper use of infant foods and for matters connected therewith or incidental thereto.
This act upholds the importance of feeding breast milk and bans all advertisements of infant milk substitutes. It ensures the quality of the container and feeding bottle as well as the milk substitute. Section 6(1) of this act provides that a container or a label affixed to it should contain the following, namely,
“(a) a statement “mother's milk is best for your baby” in capital letters;
(b) a statement that infant milk substitute or infant food should be used only on the advice of a health worker as to the need for its use and the proper method of its use;
(c)a warning that infant milk substitute or infant food is not the sole source of nourishment
of an infant;
(d)the instructions for its appropriate preparation and a warning against the health hazards
of its inappropriate preparation;
(e)the ingredients used;
(f)the composition or analysis;
(g)the storage conditions required;
(h)the batch number, date of its manufacture and the date before which it is to be consumed, taking into account the climatic and storage conditions of the country;
(i)such other particulars as may be prescribed.
This Act provides for punishment of imprisonment and fine for the violation of provisions in this Act.

03. Registration of Births and Deaths Act, 1969

According to Section 2(1)(a) of the Registration of Births and Deaths Act, 1969  (Act No. 18 of 1969) ““birth” means live-birth or still-birth” necessitating the registration of both. According to section 8 (1) of this Act, it shall be the duty of a person to give information for registration in respect of birth or death, if he is (a) a head of the family, (b) medical officer in charge of a hospital, (c) the jailor in a jail, (d) the person in charge of a choultry, chattram, hostel, dharmasala, boarding-house, lodging-house, tavern, barrack, toddy shop or place of public resort, (e) the village office headman or officer of the local police station in case of new-born or dead body found in a public place, or (f) any other prescribed person. The superintendent of a plantation and a midwife assisting a delivery are also duty bound to report the birth as per sections 9 and 10 of the Act. The data so collected shall be kept as permanent record and shall also be used for the purpose of Census.

04. The National Food Security Act, 2013

The National Food Security Act, 2013 is an Act to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. This Act contains many child protection provisions.
Section 2(1) of this Act, identifies the importance of "anganwadis" as child care and development centres.  As per Section 4 of this Act, every pregnant woman and lactating mother shall be entitled to— (a) meal, free of charge, during pregnancy and six months after the child birth, through the local anganwadi, so as to meet the nutritional standards specified in Schedule II; and (b) maternity benefit of not less than rupees six thousand, in such installments as may be prescribed by the Central Government.”
As per Sections 5 and 6 of this Act, “5. …… every child up to the age of fourteen years shall have the following entitlements for his nutritional needs, namely:—
(a) in the case of children in the age group of six months to six years, age appropriate meal, free of charge, through the local anganwadi so as to meet the nutritional standards specified in Schedule II:
Provided that for children below the age of six months, exclusive breast feeding shall be promoted;
(b) in the case of children, up to class VIII or within the age group of six to fourteen years, whichever is applicable, one mid-day meal, free of charge, everyday, except on school holidays, in all schools run by local bodies, Government and Government aided schools, so as to meet the nutritional standards specified in Schedule II.
(2) Every school, referred to in clause (b) of sub-section (1), and anganwadi shall have facilities for cooking meals, drinking water and sanitation:
Provided that in urban areas facilities of centralised kitchens for cooking meals may be used, wherever required, as per the guidelines issued by the Central Government.
6. The State Government shall, through the local anganwadi, identify and provide meals, free of charge, to children who suffer from malnutrition, so as to meet the nutritional standards specified in Schedule II.”
Schedule II of the Act prescribes the nutritional standards for children. Thus this act plays a major role in meeting the nutritional requirements of children.

05. Laws appointing guardians for children

Naturally parents shall act as the natural guardians of all children if they live, or otherwise not incapacitated. There are numerous legislations available as India has no uniform civil code. A few of the important laws and provisions are detailed below.

01.  Hindu Minority and Guardianship Act, 1956

This Act was enacted to amend and codify certain parts of the law relating to minority and guardianship among Hindus. According to Section 6 of this Act, the natural guardian of a Hindu minor is as follows,
6 . Natural guardians of a Hindu minor.- The natural guardians of a Hindu, minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are-
(a) in the case of a boy or an unmarried girl-the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl-the mother, and after her, the father;
(c) in the case of a married girl-the husband;
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-
(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi)
Explanation.- In this section, the expressions 'father' and 'mother' do not include a step-father and a step-mother.
In Gita Hariharan v. Reserve Bank of India[i] and Vandana Shiva v. Jayanta Bandhopadhaya[ii], the Supreme Court has held that under certain circumstances, even when the father is alive mother can act as a natural guardian. The term 'after' used in Section 6(a) has been interpreted as 'in absence of' instead 'after the life-time'.-
The natural guardian has the following rights in respect of minor children:
(a) Right to custody,
(b) Right to determine the religion of children,
(c) Right to education,
(d) Right to control movement, and
(e) Right to reasonable chastisement
These rights are conferred on the guardians in the interest of the minor children and therefore of each- of these rights is subject to the welfare of the minor children. The natural guardians have also the obligation to maintain their minor children.
According to section 9 of this Act, a Testamentary Guardian may be appointed. Such guardians are those appointed by the will of the minor's father or mother or other natural guardian.  The court may appoint a guardian to the minor too.
The powers of the guardians are restricted so that the interests of the minors are not infringed. Section 13 of the Act provides, “13 . Welfare of minor to be paramount consideration.- (1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.
(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.

02. Guardian under Islamic Law

Imambandi v. Mutsaddi[iii] upholds that according to Islamic Law, the father is recognized as guardian which term in the context is equivalent to natural guardian and the mother in all schools of Muslim law is not recognized as a guardian, natural or otherwise, even after the death of the father. The father's right of guardianship exists even when the mother, or any other female, is entitled to the custody of the minor. The father has the right to control the education and religion of minor children, and their upbringing and their movement. So long as the father is alive, he is the sole and supreme guardian of his minor children.
The father's right of guardianship extends only over his minor legitimate children. He is not entitled to guardianship or to custody of his minor illegitimate children.
In Muslim law, the mother is not a natural guardian even of her minor illegitimate children, but she is entitled to their custody. This principle is stated in the case law Gohar Begum v Suggi[iv],

03. The Guardians and Wards Act, 1890

Both the Christian and General Law of appointing Guardians are done under this Act. Appointment of Guardians by a court is also done by the application of this Act. According to Sections 4(2) and 4(3) of this Act the persons and properties of a ward who is a minor shall be under the protection of a guardian. Section 5 of this Act empowers the District court to appoint a guardian for a ward. Section 20 of this act states that a guardian shall be in fiduciary relationship with his ward and therefore he should not make any profit out of his office. But he can receive remuneration as prescribed in Section 22. Section 24 of the Act states, “24 . Duties of guardian of the person.- A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires.” Section 41 specifies among others that the authority of the guardian shall cease as soon as the ward ceases to me a minor. Section 45 of the Act prescribes punishments for the different contumacies of the guardians.

06. Laws enabling education for children

01. Incorporation of Article 21A into the Constitution of India

Even before the incorporation of Article 21A into the Constitution of India, in Mohini Jain v. State of Karnataka[v] case known also as Capitation Fee Case, Supreme Court of India ruled that right to education at all levels is a fundamental right of the citizen under Article 21 of the Constitution and charging capitation fee for admission to educational institutions was illegal and amounted to citizen’s right to education and is also violative  of Article 14 being arbitrary, unfair and unjust. But the Supreme Court modified the judgment in Mohini Jain v. State of Karnataka[vi] in Unnikrishnan J.P. v. State of Andhra Pradesh[vii] and held that the right to free education is available only to children until they complete the age of fourteen years, after that the obligation of the State to provide education is subject to the limits of its economic capacity and development. Constitution (Eighty-sixth Amendment) Act, 2002 was then incorporated Article 21 A into the Constitution of India and Government started to enact sufficient legislations to achieve the intentions of Article 21 A.  Article 21 A guarantees free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

02. Guidelines of the Supreme Court in Ashok Kumar Thakur v. Union of India[viii]

 The Supreme Court in this case has held that “an inversion in priorities between higher and primary/secondary education would make compliance with Article 21A extremely difficult. It is not suggested that higher education needs no encouragement or that higher education should not receive more funds, but there has to be much greater emphasis on primary education. Our priorities have to be changed. Nothing is really more important than to ensure total compliance of Article 21A. Total compliance means good quality education be imparted and all children aged six to fourteen regularly attend schools.” In this regard Supreme Court issued the following guidelines to the Central Government.
(a) provides low-income parents/guardians with financial incentives such that they may .afford to send their children to schools;
(b) criminally penalizes those who receive financial incentives and, despite such payment, send their children to work;
(c) penalizes employers who preclude children from attending schools;
(d) the penalty should include imprisonment; the aforementioned Bill would serve as an example. The State is obligated under Article 21A to implement free and compulsory education in toto.
(e) until we have accomplished for children from six to fourteen years the object of free and compulsory education, the Government should continue to increase the education budget and make earnest efforts to ensure that children go to schools and receive quality education;
(f) the Parliament should fix a deadline by which time free and compulsory education will have reached every child. This must be done within six months, as the right to free and compulsory education is perhaps the most important of all the fundamental rights. For without education, it becomes extremely difficult to exercise other fundamental rights.” The Central Government acted accordingly and the Right of the Children to Free and Compulsory Education Act, 2009 was enacted.

03. Right of the Children to Free and Compulsory Education Act, 2009

The Right of Children to Free and Compulsory Education Act provided for the following changes in the primary education scenario.
1. Free and compulsory education to all children of India in the 6-14 age group;
2. No child shall be held back, expelled, or required to pass a board examination until completion of elementary education;
3. A child who completes elementary education (upto class VIII) shall be awarded a certificate;
4. Calls for a fixed student-teacher ratio;
5. Will apply to all of India except Jammu and Kashmir;
6. Provides for 25 per cent reservation for economically disadvantaged communities in admission to Class One in all private schools;
7. Mandates improvement in quality of education;
8. School teachers will need adequate professional degree within five years or else will lose job;
9. School infrastructure (where there is problem) to be improved in three years, else recognition cancelled;
10. Financial burden will be shared between state and central government.
11. Model Rules prescribed and the States must make rules.

 07. Laws to protect the Right of the Children against Exploitation

Article 23 and 24 prohibit the Constitution Crimes of traffic in human beings and begar and other similar forms of forced labour and the engagement of children in hazardous employments. There are numerous enactments protecting children from these evils.

01. The Immoral Traffic (Prevention)] Act, 1956

The Immoral Traffic (Prevention)] Act, 1956 was enacted in pursuance of the International Convention signed at New York on the 9th day of May, 1950, for the prevention of immoral traffic. Section 2 (aa) of this Act defines a child as “"child" means a person who has not completed the age of sixteen years” and Section 2 (cb) defines a minor as “"minor" means a person who has completed the age of sixteen years but has not completed the age of eighteen years.”
Section 4 (1) of the Act provides that “ Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of (any other person) shall be punishable with imprisonment for a term which may extend to two years, or with fine which
may extend to one thousand rupees, or with both and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years.
Section 5 of the Act prescribes punishment for a person for Procuring, inducing or taking person for the sake of prostitution and adds,
“Provided that if the person in respect of whom an offence committed under this sub-section,-
(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and
(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years.”
Section 6(2) and 6(2A) provides that, “(2) Where any person is found with a child in a brothel, it shall be presumed, unless the contrary is proved, that he has committed an offence under subsection (1).
(2A) Where a child or minor found in a brothel, is on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes.”
Under section 7(1A) of the Act, “Where prostitution is committed within a distance of two hundred metres of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind and it is in respect of a child or minor, the person committing the offence shall be punishable with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine.
Under section 7(2)(c) of the Act, “if prostitution takes place in respect of a child or minor in a hotel, such licence of the hotel shall also be liable to be cancelled.”
Under section 17 of the Act, “where a person rescued under section 16 is a child or minor, it
shall be open to the magistrate to place such child or minor in any institution established or recognised under any Children Act for the time being in force in any State for the safe custody of children.”

02. The Child Labour (Prohibition and Regulation) Act, 1986

Section 2 (ii) defines, “"child" means a person who has not completed his fourteenth year of age.” Section 3 of the Act runs as, “3. Prohibition of employment of children in certain occupations and processes.—No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on:” Part A and Part B of the Schedule are reproduced below.
PART A
Occupations
Any occupation concerned with: -
(1) Transport of passengers, goods or mails by railways;
(2) Cinder picking, clearing of an ash pit or building operation in the railway premises;
(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train;
(4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;
(5) A port authority within the limits of any port;
(6) Work relating to selling of crackers and fireworks in shops with temporary licenses;
(7) Abattoirs/Slaughter House;
(8) Automobile workshops and garages;
(9) Foundries;
(10) Handling of toxic or inflammable substances or explosives;
(11) Handloom and power loom industry;
(12) Mines (underground and under water) and collieries;
(13) Plastic units and fibreglass workshops;
(14) Domestic workers or servants and
(15) Dhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres.
(16) Diving
PART B
Processes
(1) Beedi-making.
(2) Carpet-weaving.
(3) Cement manufacture, including bagging of cement.
(4) Cloth printing, dyeing and weaving.
(5) Manufacture of matches, explosives and fire-works.
(6) Mica-cutting and splitting.
(7) Shellac manufacture.
(8) Soap manufacture.
(9) Tanning.
(10) Wool-cleaning.
(11) Building and construction industry.
(12) Manufacture of slate pencils (including packing).
(13) Manufacture of products from agate.
(14) Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.
(15) “Hazardous processes” as defined in Sec. 2 (cb) and ‘dangerous operation’ as notice in rules made under section 87 of the Factories Act, 1948 (63 of 1948)
(16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of 1948)
(17) Cashew and cashewnut descaling and processing.
(18) Soldering processes in electronic industries.
(19) ‘Aggarbatti’ manufacturing.
(20) Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting.
(21) Brick kilns and Roof tiles units.
(22) Cotton ginning and processing and production of hosiery goods.
(23) Detergent manufacturing.
(24) Fabrication workshops (ferrous and non ferrous)
(25) Gem cutting and polishing.
(26) Handling of chromite and manganese ores.
(27) Jute textile manufacture and coir making.
(28) Lime Kilns and Manufacture of Lime.
(29) Lock Making.
(30) Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint,
burning of lead in enameling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing.
(31) Manufacture of cement pipes, cement products and other related work.
(32) Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products.
(33) Manufacture of dyes and dye stuff.
(34) Manufacturing or handling of pesticides and insecticides.
(35) Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry.
(36) Manufacturing of burning coal and coal briquettes.
(37) Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather.
(38) Moulding and processing of fiberglass and plastic.
(39) Oil expelling and refinery.
(40) Paper making.
(41) Potteries and ceramic industry.
(42) Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms.
(43) Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting.
(44) Saw mill – all processes.
(45) Sericulture processing.
(46) Skinning, dyeing and processes for manufacturing of leather and leather products.
(47) Stone breaking and stone crushing.
(48) Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form.
(49) Tyre making, repairing, re-treading and graphite beneficiation.
(50) Utensils making, polishing and metal buffing.
(51) ‘Zari’ making (all processes)’.
(52) Electroplating;
(53) Graphite powdering and incidental processing;
(54) Grinding or glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging.
(58) Processes involving exposure to excessive heat (e.g. working near furnace) and cold;
(59) Mechanised fishing;
(60) Food Processing;
(61) Beverage Industry;
(62) Timber handling and loading;
(63) Mechanical Lumbering;
(64) Warehousing;
(65) Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, agate industry.”
The Child Labour (Prohibition and Regulation) Act, 1986 also provides for the constitution of a Child Labour Technical Advisory Committee (Section 5), no period of work shall exceed three hours without a rest for one hour, no overtime work and no work between 7 p.m. and 8 a.m. (Section 7), weekly one full day holiday (Section 8),  maintenance of register for engagement of children for labour (Section 11), rules for ensuring health and safety of children (Section 13), and Punishments for violation of provisions (Section 14) are some important provisions of this Act.

03. The Factories Act, 1948 (Act No. 63 of 1948)

The Factories Act, 1948 (Act No. 63 of 1948) includes many provisions to curtail exploitation of children in factories. Section 2 (c) of this Act defines child as, “"child" means a person who has not completed his fifteenth year of age.” “ "Adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year”(Section 2(b)) and “"young person" means a person who is either a child or an adolescent” (Section 2(d)). No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work (Section 27), State Government to fix maximum weight to be lifted by adolescent, child etc. (Section 34(2), Creches / suitable rooms for children under six years of the women employees with facility to feed them under suitable intervals (Section 48), no child below fourteen allowed to work in factories (Section 67), non-adult workers to carry tokens certifying fitness issued by competent officer (Section 68), child not allowed to work for more than four and a half hours in any day and not to work during night (Section 71), notice of working hours of children to be displayed (Section 72), Register of child workers to be kept (Section 73), one day leave for every fifteen days of work performed by a child during the previous calendar year (Section 79), Penalty for permitting double employment of child (Section 99) etc. are some important provisions protecting the interests of children in the Factories Act, 1948

04. The Protection of Children from Sexual Offences Act, 2012

The Protection of Children from Sexual Offences Act, 2012 (Act No. 32 of 2012) is an Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. It also addresses (a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; and (c) the exploitative use of children in pornographic performances and materials;
According to section 2(d) of this Act child is a person below eighteen years. As per Section 3 of the Act, penetration of penis, any object or part of the body, or any application of mouth into the vagina, mouth, urethra or anus of a child amounts to penetrative sexual assault. Under Section 4, “Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine.”
Section 5(a) to 5(u) of the Act defines the term ‘aggravated penetrative sexual offence’ as committed by a responsible officer such as a police officer, a public officer etc. or committed at a sensitive time, method, or the result of the offence is grievous etc. Section 6 prescribes punishment for offences under Section 5 as, “Whoever commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.”
The punishment for sexual assaults or sexual activities without penetration as defined in Section 7 is prescribed in Section 8 as, “Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.” In case of aggravated sexual assault as mentioned in Section 9, the punishment as per Section 10 shall be, “Imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.” Section 11 and 12 of the Act defines the offence of sexual harassment and the punishment thereof.
Sections 13, 14 and 15 of the Act deal with the offence of using a child for pornographic purposes and its punishments. Sections 16, 17 and 18 of the Act deal with abetment and attempt to commit the offences under this Act and their punishments.
Sections 19 to 27 deals with the procedural provisions and Sections 28 to 38 provide for the Special Courts under this Act and their procedure. Sections 39 to 46 are miscellaneous provisions.
The specialty of this Act is that it does not discriminate between the offenders in the name of sex. Any sexual offence against a child, be it a girl or a boy, is dealt with severely.

08. Laws Relating to Adoption and Maintenance of Children

For the purpose of adoption, Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardians and Wards Act, 1890. Adoptive parent under this act is only the guardian of the child until it reaches 18 years of age. Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child under the Hindu Adoption and Maintenance Act, 1956.

01. The Hindu Adoptions and Maintenance Act, 1956

Section 9 of the Hindu Adoptions and Maintenance Act, 1956 provides that no person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. Guardian here includes (a) a guardian appointed by will of the child's father or mother; and (b) a guardian appointed or declared by a court. Section 11 of the Act specifies the conditions for a valid adoption as, “11. Other conditions for a valid adoption- In every adoption, the following conditions must be complied with:
(i) if any adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption.
Provided that the performance of datta homan, shall not be essential to the validity of an adoption.
Section 12 states that, “An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family”
According to Section 20(2) of the Act, “ A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.” Section 23 mandates that the amount of maintenance shall be decided by the court considering the criteria laid down in that section.

02. The Muslim Women (Protection of Rights on Divorce) Act, 1986

The Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act No. 25 of 1986) provides for maintenance to a divorced woman. Section 3 (1)(b) of the Act provides, “
(b) where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children; “
Section 3(2) of the Act empowers such woman to file an application before a magistrate for such maintenance and the magistrate may if he satisfies that her husband having sufficient means, has failed or neglected to make or pay her within the iddat period a reasonable and fair provision and maintenance for her and the children; make an order, within one month of the date of the filing of the application, directing her former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as it and proper.

03. Section 125 of the Criminal Procedure Code, 1973

Section 125 (1) (b) and (c) of the Criminal Procedure Code, 1973 provide for the maintenance of children as,
125. Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
Here " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority.

09. Laws prohibiting Child Marriage

Even though many child marriage prohibition laws were enacted earlier, none of them were so effective as the Prohibitionof ChildMarriageAct, 2006.

01. The Prohibitionof ChildMarriageAct, 2006

Section 2(a) to 2(c) of the Act defines, “(a) "child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age;
(b) "child marriage" means a marriage to which either of the contracting parties is a child;
(c) "contracting party", in relation to a marriage, means either of the parties whose marriage is or is about to be thereby solemnised;”
Under Section 3 of this Act, every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage. A petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage. If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the Child Marriage Prohibition Officer. The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority.
Under Section 4 of this Act, the district court may make an interim or final order directing the male contracting party to the child marriage, and in case he is a minor, his parent or guardian to pay maintenance to the female contracting party to the marriage until her remarriage, the quantum of which is decided by the Court. The amount of maintenance may be directed to be paid monthly or in lump sum. In case the party making the petition under section 3 is the female contracting party, the district court may also make a suitable order as to her residence until her remarriage.
As per section 5, in case children are born out of child marriage, the District Court may order for the custody and maintenance of such children. According to Section 6, even if any child marriage is declared void, the children born out of such child marriage shall be deemed as legitimate.
Sections 9, 10 and 11 prescribe the punishments for the offences under this Act. A male adult above eighteen years of age who contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with which may extend to one lakh rupees or with both. Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage. Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be sotemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees. However no woman shall be punishable with imprisonment.
Section 12 of the Prohibition of Child Marriage Act, 2006 runs as, “12. Where a child, being a minor- (a) is taken or enticed out of the keeping of the lawful guardian; or (b) by force compelled, or by any deceitful means induced to go from any place; or
(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes, such marriage shall be null and void.
(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised.”
This Act also provides for the functions of Child Marriage Prohibition Officers, Courts competent to issue orders in this regard, duties of District Magistrate etc.

10. Laws prohibiting Contracts by Minors

Generally all legislation, if not expressly provide for, declare that a minor is incompetent to make any contracts. The Indian Contract Act is the prime among such enactments.

01. Indian Contract Act, 1872

Section 11 of the Indian Contract Act, 1872 stipulates that “Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is sound mind and is not disqualified from contracting by any law to which he is subject.” Thus a minor is incompetent to enter into a contract.
Numerous cale laws including Mohori Bibee v. Dhurmodas Ghose[ix] and Appaswami Aiyangar vs Narayanaswami Aiyar And Ors[x]. have upheld that the contract of a minor is void.

11. Laws Protecting by Minors in Criminal Offences

S 27 of the Criminal Procedure Code, 1973 provides that, “27. Jurisdiction in the case of juveniles.  Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960 ), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.” The Children Act, 1960 and the subsequent  The Juvenile Justice (Care and Protection of Children) Act, 2000 (Act No. 56 of 2000) have now given way to The Juvenile Justice (Care and Protection of Children) Act, 2015 which came into existence on 2016 January 15.

01. The Juvenile Justice (Care and Protection of Children) Act, 2015

The Intention of this Act is to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.
Section 2(12) defines “ “child” means a person who has not completed eighteen years of age,” The term child and juvenile as defined in Section 2(35) are synonyms. Other major definitions of types of children  follow as in Section 2(1) ““abandoned child” means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry,” ”Section 2(13), ““child in conflict with law” means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence; “ and according to Section 2(14), ““child in need of care and protection” means a child—
(i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or
(ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or
(vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or
(vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
 (x) who is being or is likely to be abused for unconscionable gains ; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage,” Section 2(42), ““orphan” means a child—(i) who is without biological or adoptive parents or legal guardian; or (ii) whose legal guardian is not willing to take, or capable of taking care of the child,” and Section 2(60), ““surrendered child” means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyond their control, and declared as such by the Committee.” Thus it is evident that this act considers various states and stages of basic needs of children.
An “administrator” i.e.  any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred (Section 2(4)), Central Adoption Resource Authority constituted under section 69, a Juvenile Justice Board constituted under section 4,
a “Central Authority” or the Government department recognised as such under the Hague Convention on Protection of Children and Cooperation in Intercountry Adoption (1993),  “Child Welfare Officer” attached to a Children’s Home, for carrying out the directions given by the Committee or the Board with such responsibility as may be prescribed (Section 2(17)), “Child Welfare Police Officer” designated as such under sub-section (1) of section 107 (Section 2(18)),
“Children’s Home” established or maintained, in every district or group of districts, by the State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such for the purposes specified in section 51 (Section 2(19)), “Children’s Court’’ established under the Commissions for Protection of Child Rights Act, 2005 or a Special Court under the Protection of Children from Sexual Offences Act, 2012, wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act (Section 2(20)), “child care institution” or Children Home, open shelter, observation home, special home, place of safety, specialised Adoption Agency and a fit facility recognised under this Act for providing care and protection to children, who are in need of such services (Section 2(21)), “Committee” means Child Welfare Committee constituted under section 27 (Section 2(19)), civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City Civil Courts (Section 2(23)),  “childline services” or a twenty-four hours emergency outreach service for children in crisis which links them to emergency or long-term care and rehabilitation service; (Section 2(25)), “District Child Protection Unit” or a Child Protection Unit for a District, established by the State Government under section 106, which is the focal point to ensure the implementation of this Act and other child protection measures in the district (Section 2(26)), “fit facility” or a facility being run by a governmental organisation or a registered voluntary or non-governmental organisation, prepared to temporarily own the responsibility of a particular child for a specific purpose, and such facility is recognised as fit for the said purpose, by the Committee, as the case may be, or the Board, under sub-section (1) of section 51 (Section 2(27)), “observation home” or an observation home established and maintained in every district or group of districts by a State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such, for the purposes specified in sub-section (1) of section 47 (Section 2(40)), “open shelter” or a facility for children, established and maintained by the State Government, either by itself, or through a voluntary or non-governmental organisation under sub-section (1) of section 43, and registered as such, for the purposes specified in that section (Section 2(41)), “place of safety” which means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, the person in-charge of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an order of the Board or the Children’s Court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order (Section 2(46)), “probation officer” appointed by the State Government under the Probation of Offenders Act, 1958 or the Legal-cum- Probation Officer appointed by the State Government under District Child Protection Unit (Section 2(48)), State Adoption Resource Agency set up by the State Government for dealing with adoption and related matters under section 67 (Section 2(53)),
“special juvenile police unit” of a district or city or, as the case may be, any other police unit like railway police, dealing with children and designated as such for handling children under section 107 (Section 2(55)), “special home” or an institution established by a State Government or by a voluntary or non-governmental organisation, registered under section 48, for housing and providing rehabilitative services to children in conflict with law, who are found, through inquiry, to have committed an offence and are sent to such institution by an order of the Board (Section 2(56)), “Specialised Adoption Agency” established by the State Government or by a voluntary or non-governmental organisation and recognized under section 65, for housing orphans, abandoned and surrendered children, placed there by order of the Committee, for the purpose of adoption (Section 2(57)) etc.
The offences committed by a child in conflict with law under this act are classified as heinous offences, serious offences and petty offences as defined below.
1.  “heinous offences” includes the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more (Section 2(33)),  
2. “serious offences” includes the offences for which the punishment under the Indian Penal Code or any other law for the time being in force, is imprisonment between three to seven years (Section 2(54)), and
3. “petty offences” includes the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment up to three years (Section 2(45)).
This act introduces sixteen general principles of Care and Protection of Children as given in Section 3 of the Act, “3. The Central Government, the State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the following fundamental principles, namely:––
(i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years.
(ii) Principle of dignity and worth: All human beings shall be treated with equal dignity and rights.
(iii) Principle of participation: Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child.
(iv) Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.
(v) Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.
(vi) Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter.
(vii) Positive measures: All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act.
(viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used in the processes pertaining to a child.
(ix) Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.
(x) Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child.
(xi) Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process.
(xii) Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry.
(xiii) Principle of repatriation and restoration: Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest.
(xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances.
(xv) Principle of diversion: Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole.
(xvi) Principles of natural justice: Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act.
As per section 10 of the Act, as soon as an alleged child in conflict with law is arrested by a police officer he shall hand over the child to the Special Juvenile Police Unit. Section 12 provides for the immediate bail of the child in conflict with law with or without surety or for placing him into the custody of a fit person, as soon as he is produced before Board.
Section 14 (5) of the Act provides for the manner of disposal of offences committed by a child in conflict with law as given below,
“(d) cases of petty offences, shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973;
(e) inquiry of serious offences shall be disposed of by the Board, by following the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973;
(f) inquiry of heinous offences,—
(i) for child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board under clause (e);
(ii) for child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under section 15.”
Procedure prescribed under Section 15 enables the Board to decide whether a child in conflict with law alleged to have committed a heinous offence be tried similar to the trial of a major person.  As per Section 22 of the Act, proceeding under Chapter VIII of the Code of Criminal Procedure is not to apply against a child. Section 23 insists that no joint proceedings of child in conflict with law and person not a child should be done. Section 26 contains provision with respect of runaway child in conflict with law. Sections 39 to 51 provide for the rehabilitation and social re-integration of the child. Sections 56 to 73 deal with adoption of children. Sections 74 to 86 prescribe punishments to various offences against children. Sections 90 to 112 are miscellaneous provisions.

02. Indian Penal Code 1860

Some provisions of Indian penal Code 1860 protect the interests of children. A few examples in this regard are given below.
82. Act of a child under seven years of age
Nothing is an offence which is done by a child under seven years of age.”
83. Act of a child above seven and under twelve of immature understandingNothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.”
Some other provisions of Indian Penal Code 1860 have already been discussed earlier. Hence they are not repeated.

12. Conclusion

The concept ‘What is unmentioned are more than the mentioned’ is applicable in the case child rights. It should be born in mind that the Rights of Children mentioned here are those available to them in addition to the Constitutional and Statutory rights available to a citizen of India, and that too is not in a holistic manner, but shows only some representative rights to understand how our legal system protects our children who shall decide the future of our country.
Indian legal system springing from the source of the Constitution has always have kept its eyes open to see the interests of children even though justice rendering system has remained with its eyes closed.


[i] 1991 (I) CTC 481
[ii] 1999 AIR (SC) 1149
[iii] (1918) 45 Cal 887
[iv] (1960) 1 SCR 597
[v] (1992) 3 SCC 666 : AIR 1992 SC 1858
[vi] (1992) 3 SCC 666 : AIR 1992 SC 1858
[vii] (1993) 1 SCC 645 : AIR 1993 SC 2178
[viii] (2008) INSC 614
[ix] (1903) L.R. 30 I.A. 114 : I.L.R. 30 C. 539 (P.C.) T.R.
[x] (1931) 60 MLJ 117
  

BIBLIOGRAPHY

1. Right to Education by Dr. Krishna Pal Malik 2010 Published by Allahabad Law Agency, Faridabad
2. Law Relating to Women and Child by O.P. Mishra Fifth Edition 2014 Published by Central Law Agency, Allahabad
3. The Constitution of India Volume 1 by D.J. De Third Edition 2012 Reprint Published by Asia Law House, Hyderabad
4. The Constitution of India Volume 2 by D.J. De Third Edition 2012 Reprint Published by Asia Law House, Hyderabad
5. 27 Bare Acts as stated in the List of enactments mentioned
6. Wikipedia
8. And numerous online sites

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