Legal frame work for the protection of children's rights in India


Are you worried about the safety of your children in school or at home in your absence? Heinous crimes are being committed against children. How to deal with such situations? This article has been written to address such incidents by making readers aware of the list of laws and provisions created for the rights of children in India.

Introduction

The crime against women and children in India is increasing day by day. Many heinous crimes are being committed against children. Rape, murder, strangulation, sexual abuse and sexual harassment is being done and the children's safety is on stake. The Government of India has made many provisions, laws and institutions for the protection of children's right in India. The main laws is being explained here.

Various laws and provision

  1. Declaration on rights of the child

  2. Convention on the rights of child

  3. Prohibition of child marriage Act 2006

  4. Right to Education Act 2009

  5. Protection of Children against Sexual Offences (POCSO) ACT 2013

  6. Ministry of women and children development

  7. Juvenile justice act 2015

  8. Commission for protection of child rights

  9. Pre-natal Diagnostic Techniques Act, 1994

  10. Constitutional provisions

  11. Prohibition of child labour act 2016


Declaration on rights of the child

Declaration on the rights of the child was adopted by the General Assembly of the United Nations on 20th November 1959. Declaration on the Rights of the Child aim to have a happy childhood and enjoy the freedoms herein set forth. There are 10 principles in this declaration to protect the rights of every child.

Convention on the rights of child

International Convention on the rights of the child was adopted by the UN General Assembly on 20 Nov 1989. United Nation Convention on the rights of the child (UNCRC) which sets out the civil, political, economic, social, health and cultural rights of children. Till date 196 countries have ratified this convention.

Ministry of women and children development

Ministry of women and child development is a nodal agency to frame the various policy, programme and welfare plans. It also supervises the implementation of these policy, programme and welfare plans. guides and coordinates the efforts of both governmental and non-governmental organisations working in the field of women and child development. The National Commission for Protection of Child Rights (NCPCR) is an autonomous agency under this ministry.

Right to Education Act 2009

Right to Education Act makes the free and compulsory education to every child up to the age of 14 years. The child has the right to get admission in the schools in his/her vicinity.

Prohibition of child marriage Act 2006

The minimum age for marriage for girl is 18 and for boys 21. Marriage before this age is prohibited by law. Early/ child marriage deprives the many rights of children. It is the physical and emotional exploitation of children. Parents are advised not to indulge in such practice and inform the police if some child marriage is going on in your knowledge.

POCSO Act 2013

Protection of Children against Sexual Offences (POCSO Act) has been enacted to protect the children from sexual offences and sexual harassment. The Act defines a child as any person below eighteen years of age. If somebody is eve-teasing, molesting, touching, raping, sodomising, showing porn, kissing etc attracts POCSO act. Act also provides for mandatory reporting of sexual offences. The said Act provides for Special Courts that conduct the trial in-camera and without revealing the identity of the child, in a child-friendly manner. The State Government is required to frame guidelines for the use of persons including non-governmental organisations, professionals and experts The offender can be punished under the legal provisions of this act.

Juvenile justice Act 2015

Juvenile justice act 2015 has been enacted to provide proper justice reformatory measures to the children if they are involved in some illegal activity. This act makes the provision for the constitution of juvenile justice board to safe guard the rights of children. The act also gives the guidelines to police and media on how to handle the juveniles if they commit any crime.

Commission for protection of child rights 2005


Commission for protection of child rights was set up in 2005 for Protection of Child Rights and Children's Courts for providing speedy trial of offences against children. This act also provides for constitution of State Commission for protection of child rights.

Pre-natal diagnostic techniques Act 1994

In our society people are behind the son. They do not want daughters to come in this world. People try to kill the girl child in the womb itself. Everyone wants beautiful wife, mother and sister but nobody wants to own daughters. Due to this attitude some people go for pre-natal diagnostic Test to know the sex of foetus/ child. If they come to know that the foetus is female, they try to abort the child. To prevent this practice and to protect the right to life of child, government of India has enacted the "Pre-natal Diagnostic Techniques Act, 1994"

Prohibition of child labour 2016

Article 23 and 24 of our constitution restraint the child labour. So the government of India has enacted "Prohibition of child labour 2016". It is prohibited to employ below 14 years of children in any shop, restaurant, house and organisation. It is criminal offence to employ any child in any work. Kailash Satyarthy's "Bachpan Bachao Aandolan" movement has rescued thousands of child labour in India. He got Nobel peace prize for his social cause.

In case of violation child's right

It is criminal offence to violate the any provision of "Prohibition of child labour 2016". We should respect the child rights and should report to the concerned authorities in case the violation of children's rights.

Child helpline number

Child line India foundation (NGO) is working with the coordination Ministry of women and children development. Nationwide toll free no. is 1098.
Child abuse hotline -1718, Maritime Search and Rescue control room of coastal guard- 1800-11-0031. call to report human trafficking Shakti Vahini on +91-11-42244224, +91-9582909025

Conclusion

The world community, central government and the state governments have enacted the above explained laws. The law enforcement agencies should enforce the laws properly to protest the children's rights. It our duty to report the violation so that the rights of the children can be protected.


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