Child Rights and Laws in India

Year of Publication: 2024

Publisher

Blue Duck Publications

Srinagar, J&K

Cell: 9682133341

www.blueduckpublications.com

PREFACE

The rights and welfare of children are fundamental to the social and ethical fabric of any society. In India, the protection of children’s rights has become an issue of paramount importance, and over the years, various legislative measures and judicial pronouncements have sought to safeguard their well-being. This book, Child Rights and Laws in India, aims to provide an in-depth exploration of the legal framework surrounding children’s rights in India, with a focus on the policies, laws, and judicial interpretations that ensure the protection and promotion of these rights.

As a nation, India has made significant strides in addressing the concerns related to child welfare, such as child labor, child marriage, exploitation, and access to education. However, challenges persist. Children continue to face discrimination, abuse, neglect, and exploitation in various forms. The role of law, both in its protection and enforcement, is critical in addressing these persistent issues. This book brings together the key legislative provisions, landmark judgments, and case studies that have shaped child protection laws in India.

Through the lens of the Juvenile Justice Act, 2015, the Right to Education Act, 2009, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and numerous other significant laws, this book delves into the mechanisms for safeguarding the rights of children. It also reflects on the roles of various institutions, including the Juvenile Justice Board, the National Commission for Protection of Child Rights (NCPCR), and the judiciary, in ensuring that these laws are upheld and that the rights of children are effectively protected.

In addition to examining the legal landscape, this book also takes a critical look at socio-cultural factors that impact children, such as child marriage, trafficking, and exploitation. It explores the intersection of law and society, illustrating how law can be both a tool for protection and a means of advocacy for societal change.

This work is intended for students, educators, policymakers, social workers, and anyone concerned with the welfare of children. It seeks to promote a deeper understanding of the legal and institutional mechanisms designed to protect children’s rights and the importance of continued advocacy and action in ensuring that every child is given the opportunities and protections they deserve.

As we move towards a more inclusive and just society, it is essential to recognize that the rights of children are not just legal imperatives but moral imperatives as well. This book is an attempt to explore and shed light on these vital issues, offering insights and reflections that will inspire change and improve the lives of children in India.

Dr. Amit Singh

Preeti Varma

FOREWORD

The protection and promotion of child rights form the cornerstone of a progressive and humane society. In India, where children constitute a significant portion of the population, safeguarding their rights is not only a legal obligation but also a moral and social imperative. It gives me immense pleasure to introduce this well-researched and insightful book, Child Rights and Laws in India, which comprehensively examines the legal frameworks, institutional mechanisms, and socio-cultural factors that influence the rights of children in our country.

In my decades of academic experience, I have seen the critical role education plays in fostering awareness about child welfare and protection. This book serves as a valuable resource for students, educators, policymakers, and practitioners, providing a deep understanding of key laws, such as the Juvenile Justice Act, 2015, the Right to Education Act, 2009, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. What makes this work particularly commendable is its ability to bridge the gap between theory and practice. The author has not only highlighted legislative provisions but has also integrated landmark judicial pronouncements and real-world case studies to provide a holistic perspective on child protection laws in India.

The book thoughtfully explores some of the most pressing issues concerning children, including child marriage, child labor, trafficking, and online exploitation. Of particular relevance is the inclusion of topics that address modern challenges, such as safeguarding children in the digital age. As society advances technologically, the risks faced by children also evolve. By addressing cyberbullying, digital abuse, and the need for online safety guidelines, the author has captured the contemporary dimensions of child rights with great sensitivity and academic rigor.

Furthermore, the book provides a much-needed critique of socio-cultural practices that continue to threaten the well-being of children. By emphasizing the roles of law enforcement agencies, non-governmental organizations (NGOs), and civil society, it underscores the collective responsibility of all stakeholders in ensuring that children are protected, nurtured, and empowered to realize their full potential.

I firmly believe that Child Rights and Laws in India will serve as a vital contribution to the field of child welfare and legal studies. It not only educates the reader about the existing legal mechanisms but also inspires deeper reflection on the changes still needed in policy and society. The clarity, scholarship, and passion evident in this book make it an indispensable resource for those who strive to create a better future for children.

I congratulate the author for undertaking such a significant and timely endeavor. It is my hope that this book will not only enlighten its readers but also inspire meaningful action towards the realization of children's rights in India.

Prof. (Dr.) C. P. Singh

Head and Dean Faculty of Law

University of Lucknow

Lucknow, UP

CONTENT

Chapter 1...................................................................1

Introduction to Child Rights

Definition and Concept of Child Rights

Historical Evolution of Child Rights (Global and Indian Context)

UN Convention on the Rights of the Child (UNCRC)

Principles of Child Rights: Survival, Protection, Development, and Participation

Chapter 2.................................................................20

Constitutional Provisions for Children in India

Fundamental Rights Relevant to Children

Article 14 (Equality before Law)

Article 15(3) (Special Provisions for Children)

Article 21A (Right to Education)

Articles 23–24

Directive Principles of State Policy

Article 39(e) and (f)

Article 45

Article 47

Article 46

Role of Judiciary in Upholding Child Rights

Chapter 3.................................................................76

Child Protection Laws in India

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

Key Provisions: Juvenile Justice Boards, Child Welfare Committees

Age of Juveniles in Conflict with the Law

Juvenile Justice Board (JJB)

Child Welfare Committee (CWC)

Rehabilitation and Social Reintegration

Foster Care and Adoption

Prevention of Child Abuse and Exploitation

National and State-level Authorities

Protection of Children from Sexual Offences (POCSO) Act, 2012

Definition of Sexual Offences Against Children

Special Courts and Procedures

The Child Labour (Prohibition and Regulation) Amendment Act, 2016

CASE SUMMARY......................................................133

Case Name: Arnit Das v. Union of India

Case Name: Salil Bali v. Union of India

Case Name: Ravindra Kumar v. Union of India (2016)

Chapter 4................................................................145

Right to Education

4.1 The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)

Key Features and Sections

Responsibilities of Schools and Teachers

Addressing Dropout Rates and Ensuring Inclusivity

Chapter 5................................................................169

Child Marriage and Related Issues

Prohibition of Child Marriage Act, 2006

Key Sections and Punishments

Socio-Cultural Factors Contributing to Child Marriages

Role of Law Enforcement and NGOs in Preventing Child Marriages

CASE SUMMARY....................................................191

Case Name: Laxmi Kant Pandey v. Union of India (1984)

Case Name: Case Summary: Bachan Singh v. State of Punjab (1980)

Chapter 6.................................................................203

Health and Nutrition Rights of Children

Integrated Child Development Services (ICDS) Scheme

The National Food Security Act, 2013 (Provisions for Children)

Mid-Day Meal Scheme

Addressing Malnutrition and Infant Mortality

Chapter 7................................................................225

Exploitation and Abuse of Children

Trafficking of Children: Causes and Preventive Mechanisms

Child Pornography: Legal Framework

Begging and Forced Labor: Relevant Sections under IPC and Other Laws

Chapter 8................................................................238

Children in Conflict with Law

Categories of Offenders

Rehabilitation and Reformation Measures

Role of Observation Homes and Special Homes

Chapter 9................................................................255

Role of Institutions and Authorities

National Commission for Protection of Child Rights (NCPCR)

State Commissions for Protection of Child Rights

Role of NGOs and Civil Society

Monitoring and Reporting Mechanisms

Chapter 10..............................................................277

Child Rights in Digital Age

Risks Faced by Children Online: Cyberbullying, Exploitation

Information Technology Act, 2000: Provisions for Child Safety

Guidelines for Schools and Parents for Online Protection

Role of Technology Companies in Child Protection

International Perspectives and Frameworks

10.6 Future Directions for Digital Child Safety

REFERENCES.............................................................307

Chapter 1

INTRODUCTION TO CHILD RIGHTS

Definition and Concept of Child Rights

Child rights are fundamental freedoms and entitlements specifically designed for individuals under the age of 18. These rights recognize children as independent rights holders and aim to ensure their holistic development, protection, and participation in society. Child rights are grounded in the principles of dignity, equality, and non-discrimination, ensuring every child has access to basic needs and opportunities for a fulfilling life.

Child rights refer to the human rights specifically tailored to the unique needs of children, recognizing their vulnerability and dependence. These rights encompass civil, political, economic, social, and cultural rights aimed at safeguarding their well-being and development. The United Nations Convention on the Rights of the Child (UNCRC) defines these rights under four broad principles:

Survival Rights: Access to basic needs such as food, shelter, and healthcare.

Development Rights: Opportunities for education, leisure, and cultural activities.

Protection Rights: Safeguarding children from abuse, exploitation, and harm.

Participation Rights: Enabling children to express their opinions and participate in decisions affecting them.

Key Features of Child Rights

Universality and Inalienability:

Child rights are universal and must be protected irrespective of a child’s nationality, race, gender, or socio-economic background. They cannot be taken away under any circumstances.

Interdependence and Indivisibility:

All child rights are interconnected; neglecting one can adversely impact others. For instance, denial of education affects a child’s development and future opportunities.

Non-Discrimination:

All children are entitled to equal rights without discrimination based on caste, religion, gender, or ability.

Best Interests of the Child:

Every decision or action concerning children should prioritize their best interests, ensuring their safety and well-being.

Historical Evolution of Child Rights

Global Context:

The Geneva Declaration of the Rights of the Child (1924): First formal recognition of child-specific rights.

The Universal Declaration of Human Rights (1948): Recognized the rights of children as part of universal human rights.

The United Nations Convention on the Rights of the Child (1989): A landmark treaty outlining comprehensive child rights, ratified by most countries, including India.

Indian Context:

Ancient scriptures like the Vedas and Manusmriti acknowledged the need to protect children.

Post-independence, the Constitution of India incorporated several provisions safeguarding child rights (e.g., Article 21A, Article 39).

Legal enactments such as the Juvenile Justice Act and the POCSO Act further cemented the child’s right to safety and development.

Core Principles of Child Rights

Right to Survival:

Ensures children’s right to life and access to basic needs like nutrition, healthcare, and shelter.

Related Indian laws: Article 21 (Right to Life), Integrated Child Development Services (ICDS) scheme.

Right to Development:

Focuses on education, leisure, and opportunities for intellectual and emotional growth.

Key laws: Right to Education (RTE) Act, 2009.

Right to Protection:

Protects children from violence, abuse, exploitation, and harmful practices like child marriage and trafficking.

Relevant laws: POCSO Act, 2012; Juvenile Justice Act, 2015.

Right to Participation:

Enables children to express opinions, be heard, and influence decisions affecting their lives, Emphasized under UNCRC Article 12.

Importance of Child Rights

Ensures Holistic Development: Safeguarding rights supports the physical, mental, and emotional growth of children.

Protects Vulnerable Groups: Addresses specific needs of disadvantaged children, including orphans, disabled children, and those in conflict zones.

Promotes Equity: Reduces disparities by ensuring every child has access to essential services and opportunities.

Prepares Future Citizens: By respecting child rights, society invests in creating responsible, capable, and empowered adults.

Historical Evolution of Child Rights (Global and Indian Context)

The concept of child rights has developed over centuries, shaped by cultural, social, and legal transformations worldwide. Understanding its historical evolution requires examining the global and Indian contexts, which highlight a journey from neglect and exploitation to recognition and protection.

Global Context

Ancient and Medieval Periods:

Children were often regarded as property, with no individual rights. In ancient Greece and Rome, children were subject to the authority of their fathers (patria potestas). Their rights, if any, were tied to their family’s status.

Early Modern Era (17th-18th Centuries):

Enlightenment thinkers, such as John Locke, began advocating for the idea of childhood as a distinct phase requiring nurturing and education. The Industrial Revolution highlighted the exploitation of children as cheap labor, prompting debates on their welfare.

19th Century: The Beginnings of Child Protection:

Advocacy groups began forming to protect children from abuse and exploitation. The United Kingdom passed the Factory Act (1833) and the Children's Act (1889) to regulate child labor and safeguard their welfare.

20th Century: Institutionalizing Child Rights:

The Geneva Declaration of the Rights of the Child (1924): Adopted by the League of Nations, it recognized children’s need for special safeguards, education, and protection.

Universal Declaration of Human Rights (1948): Article 25(2) emphasized the need for special care for children.

United Nations Convention on the Rights of the Child (1989): A comprehensive framework outlining children’s rights to survival, development, protection, and participation.

Ratified by 196 countries, it is the most widely accepted human rights treaty.

It introduced legally binding obligations for nations to protect children.

Modern Era: Enhanced Awareness and Enforcement:

Global campaigns against child labor, trafficking, and child marriages have gained momentum. Organizations like UNICEF and Save the Children actively advocate for child rights worldwide.

Indian Context

Ancient and Medieval Periods:

In Vedic literature, children were considered divine gifts, and their education and protection were emphasized. Practices like Upanayana (initiation ceremony for education) reflect the importance of childhood. However, medieval periods saw regressive practices such as child marriages and infanticide in certain communities.

Colonial Era:

Exploitation of children, especially in labor-intensive industries like textiles and mining, was rampant.The British government introduced several reforms to address child welfare:

Factories Act of 1881 and 1891: Regulated child labor in industries.

Apprentices Act of 1850: Provided some protection for child apprentices.

Post-Independence Developments:

The Constitution of India (1950) enshrined special provisions for children:

Article 21A: Right to free and compulsory education.

Article 39(e) and (f): Protection against exploitation and ensuring opportunities for development.

Major legislative developments include:

The Child Marriage Restraint Act, 1929 (amended in 2006): Addressed child marriages.

The Child Labour (Prohibition and Regulation) Act, 1986: Prohibited hazardous work for children.

Contemporary Era (21st Century):

India ratified the UNCRC in 1992, committing to international child rights standards. New legislative milestones:

Protection of Children from Sexual Offences (POCSO) Act, 2012: Comprehensive protection against sexual abuse and exploitation.

Juvenile Justice (Care and Protection of Children) Act, 2015: Focus on rehabilitation and justice for children in conflict with law.

Right to Education Act, 2009: Ensured free and compulsory education for children aged 6 to 14 years.

Institutional Support:

Establishment of the National Commission for Protection of Child Rights (NCPCR) in 2007. Role of NGOs and civil society in advocacy and implementation of child rights.

UN Convention on the Rights of the Child (UNCRC)

The United Nations Convention on the Rights of the Child (UNCRC) is a landmark international treaty that establishes comprehensive rights for children under 18 years of age. Adopted by the United Nations General Assembly on November 20, 1989, and entering into force on September 2, 1990, it is one of the most widely ratified human rights treaties in history. India ratified the UNCRC on December 11, 1992.

Background and Adoption

The UNCRC was developed to address the specific needs and vulnerabilities of children, emphasizing their rights to protection, provision, and participation. It consolidated various existing child rights principles and established an international legal framework for their implementation.

Key milestones leading to the adoption of the UNCRC include:

1924: Geneva Declaration of the Rights of the Child.

1948: Universal Declaration of Human Rights (Article 25 mentions child rights).

1959: Declaration of the Rights of the Child, which inspired the drafting of the UNCRC.

Structure of the UNCRC

The UNCRC consists of 54 articles divided into three main parts:

Substantive Rights (Articles 1–41): These define the civil, political, economic, social, and cultural rights of children.

Implementation Measures (Articles 42–45): These outline the mechanisms for monitoring and reporting compliance.

Final Provisions (Articles 46–54): These address procedural aspects of the treaty.

Key Principles of the UNCRC

The UNCRC is based on four core principles that guide its interpretation and implementation:

Non-Discrimination (Article 2): Every child is entitled to rights without discrimination based on race, religion, gender, disability, or any other status.

Best Interests of the Child (Article 3): The best interests of the child should be the primary consideration in all actions