“ Safety and security don’t just happen,they are the results of collective consensus and public investment.We owe our children,the most vulnerable citizens in our society,a life free of violence and fear “ – Nelson Mandela
The purpose of this article is only to highlight the important laws that deal specifically with children
During the peak of Industrial Revolution, children toiled in grim factories enduring long hours with meager pay in hazardous condition. They were often preferred over adults as employees since they could be employed at a much cheaper rate, avoiding the higher wages required for adult labour. The Nimble Fingers theory posited that children were particularly suited for certain type of labour due to the supposedly smaller, more agile fingers. This exploitative practice resulted in long working hours, severely hampering the children’s mental,physical and emotional growth.
Who is a child?
There was an International Convention called the United Nation Convention on the Rights of the child (UNCRC) which defines a child under Article 1 being below the age of 18 years. The CRC was approved by the General Assembly of the United Nation on the 20th of November,1989.The Convention was formally opened for ratification on the 26th of January 1990.The Government of India ratified the UNCRC on the 11th of December,1992.
Having explored the international standards set by the UNCRC it is pertinent to mention the legal framework that underpins the protection of children by the Constitution of India which is the Supreme law of the land.Our founding fathers of the Constitution were cognisant of the fact that children required special protection and have therefore incorporated special provision under part III part IV which is the fundamental rights and the Directive Principles of State Policy respectively,Part III of the Constitution is the justiciable part whilst part IV is non justiciable,it is worth mentioning that the 42nd Constitutional Amendment Act added Part IV A which is the Fundamental Duties to the Constitution of India,originally it had 10 Fundamental Duties of which the 86th Amendment Act,2002 added one more fundamental duty which is Article 51- A(k) putting onus on the parent or guardian to provide opportunities for education to his child as the case may be ward between the age of 6 to 14 years.
Part III of the Constitution of India deals with Fundamental Rights.Some of the provisions that are relevant to children are :
Article 14 – Right to Equality,including equality before the law and equal protection of the law,Article 15 – Right against Discrimination,prohibition of discrimination on grounds of religion,race,caste,sex or place of birth,Article 15 (3) – “ nothing in this Article shall prevent the state from making special provision for children”,Article 19 (1) (a) – “all citizens shall have the right to freedom of speech and expression and is also applicable to children“,Article 21 – A – “ the state shall provide free and compulsory education to all children of the age 6- 14 years”,Article 23 – Right to be protected from being trafficked and forced into bonded labour,Article 24 – “prohibits employment of children below the age of 14 years in any factory,mine or hazardous employment“.
Part IV of the Constitution of India deals with Directive Principles of State Policy :
Though the Directive Principles of State Policy are non justiciable in nature the courts have often utilised it as a framework for interpreting and applying Constitutional protection for Children,for instance Mohini Jain v State of Karnataka the court held that “even though the Constitution as such does not make right to education a fundamental right a cumulative reading of Article 21 along with Directive Principles enshrined in Article 41,45,38,39(a) makes it clear that the framers of the Constitution made it obligatory for the state to provide education to its citizens”. Subsequently,the Unni Krishnan v State of Andra Pradesh re- enforced this stance while rejecting the absolutist stance of providing education to all citizens at all levels but subjects it to economic capacity of the State,this laid the genesis for Article 21-A.
There are several legislations in India for the protection of child rights :
Protection of children from Sexual Offences Act,2012 (POCSO)
The Government India which has acceded to the Convention on the Rights of the Child which has prescribed a set of standards to be followed by all state parties in securing the best interest of the child has enacted The POCSO Act,2012 which is a special law which aims to protect children from offences of sexual assault,sexual harassment and pornography and to provide for establishment of special courts for trial of such offences and whereas (3) of Article 15 of the Constitution empowers the state to make special provision for children.It is pertinent to mention that the POCSO Act, 2012 is gender neutral and places obligation on any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities by whatever name called shall on coming across any material or object which is sexually exploitative of the child shall provide such information to the special juvenile police unit (SJPU) or to the local police as the case may be or face sanction for failure to do so (Section 20 of POCSO Act)
Juvenile Justice Care and Protection of Children Act,2015 (JJA)
The Juvenile Justice Care and Protection of Children Act,2015 is an act to consolidate the laws 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 reintegration by adopting a child friendly approach in the adjudication and disposal of matters in the best interest of children for their rehabilitation through processes provided,and institutions and bodies established
Section 2(12) of the Juvenile Justice Act,2015 provides the definition of a child – a “child” means a person who has not completed eighteen years of age”
This Act provides two categories of children :
1.Children in conflict with law (CCL)
2.Children in need of care and protection (CNCP)
• Children in conflict with law (CCL)
Section 2(13) – a child who is alleged or found to have committed an offence and has not completed the age of 18 years.
Offences may be categorised as – i) petty offence,ii) serious offence,iii) heinous offence Children of the age group (16-18 years of age) may be tried as adults in cases of heinous offences after the preliminary assessment conducted by the Juvenile Justice Board (JJB).Therefore,children in conflict with law shall be sent to an observation home during such pendency of inquiry.
Therefore, parents,schools,and law enforcement agencies need to understand and reduce risk factors in which children may adopt behaviours that may harm them and the society at large and to provide them with the right kind of prevention,proper treatment,rehabilitation and reformation.
• Children in need of care and protection (CNCP)
Section 2(14) – a child who is found without any home or settled place of abode and without any ostensible means of subsistence or who is found working in contravention of (the provisions of this Act or) labour laws for the time being in force or is found begging or living on the street etc…
A child in need of care and protection shall be produced before the Child Welfare Committee (CWC).The Child in need of care and protection will be placed in a Children’s Home for proper treatment,development and rehabilitation.The Child Welfare Committee should recognise a facility to be a fit facility to take the responsibility of a child.The Specialised Adoption Agency (SAA) is to take care of the rehabilitation of orphans,abandoned or surrendered children.
The Child labour and Adolescent(Prohibition and Regulation) Act,1986
The Child labour and Adolescent(Prohibition and Regulation) Act,1986 is a statutory legislation which designates a child as a person who has not completed 14 years of age.The aims of the Act is to regulate the hours and the working condition of child workers and to prohibit child workers from being employed in Hazardous industries.In the year 2016,the Child labour (Prohibition and Regulation) Act was subsequently amended and for the first time it recognised adolescents which means a person who has completed 14 years of age but has not completed 18 years of age.The aim of the Amendment is to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupation.The Child labour (Prohibition and Regulation) Amendment Act,2016 provided for two exceptions viz; Children engaged in entertainment industries and children engaged in family owned enterprises.The child labour law is now in consonance with Article 21-A for children aged 6-14 must be in school.
The New penal code that is the Bharatiya Naya Sanhita,2023 has dedicated the chapter specifically addressing children from Section 91 – Section 99 emphasising its significant focus on safeguarding and promoting the rights and welfare of young individuals.
Justice Bhagwati once quoted – “that the child is a soul with a being,a nature and capacities of its own,who must be helped to find them,to grow into maturity,into fullness on physical and vital energy and most breadth,depth and height of its emotional,intellectual and spiritual being”.
Children,being the supremely important national assets,require special care and protection against all forms of violence,abuse,economic exploitation,sexual exploitation and all other forms of exploitation because children are innocent,helpless,vulnerable and are yet to be developed.
“Today’s children are Tomorrow’s leaders They are the future of the Nation”
By Clara Jones Jala
