WHO IS A CHILD?
The United Nations Convention on the Rights of the Child defines child as "a human
being below the age of 18 years unless under the law applicable to thechild, majority is
attained earlier". ... Biologically, a child is generally anyone between birth and puberty.
Some consider childhood as a concept of play and innocence which ends at adolescence. In the
legal systems of many countries, there is an age of majority when childhood officially ends and
a person legally becomes an adult. The age ranges anywhere from 15 to 21, with 18 being the
most common.
in wills and deeds, ‘child’ can refer to persons of any age. Normally ‘child’ will refer to is
sue in the first generationonly, excluding grandchildren or remoter issue, but if the testat
or's intention can be interpreted as includingdescendants then the position maybe differ
ent.
Biologically childhood is the stage between infancy and adulthood. According to
the UNCRC 'a child means every human being below the age of eighteen years unless,
under the law applicable to the child, majority is attained earlier'. This definition of child
allows for individual countries to determine according to the own discretion the age
limits of a child in their own laws. But in India various laws related to children define
children in different age limits.
Apart from the various acts concerning children, The Indian Penal Code (IPC) also has a list of
offences against children. According to the sections 82 and 83 of the IPC a child who commits a
crime and is below the age of seven is not considered to have committed a crime. A child who is
between the ages of seven and twelve and is deemed to have immature understanding about
the consequences of his/her actions is also considered incapable of committing a crime.
Juvenile justice act :
Juvenile can be defined as a child who has not attained a certain age at which he, like an adult
person under the law of the land, can be held liable for his criminal acts. The juvenile is a child
who is alleged to have committed /violated some law which declares the act or omission on the
part of the child as an offence.
Bombay children act 1948 :
Bombay Children Act 1948 defined “Child” to mean a boy who has not attained the age of
sixteen years or girl who has not attained the age of eighteen years. The U.P. Children Act
defined “Child” as a person under the age of sixteen years. The East Punjab Act, Andhra Pradesh
(Telangana Area) Children Act also prescribed the sixteen years age limit but included the
children who are in certified schools, though they have attained the age of 16 years. Under A.P.
Children Act 1920 “child” means a person under 14 years and when used to reference to send to
certified school applies to that child during while period of detention notwithstanding that the
child attains the age of fourteen before expiration of that period. The Saurashtra & West Bengal
defines a 'child” a person who has not attained the age of eighteen years. Haryana Children Act
has also maintained this difference in defining child as a boy who has not attained the age of
sixteen years and a girl who has not attained age of eighteen years. Juvenile Justice Act, 1986
defined a juvenile or child to be a person who in case of a boy has not completed age of 16 years
and in case of a girl 18 years of age.
The children and young people act 1999 :
The Children and Young People Act 1999 (Act no. 63/1999) was said to be 'implemented with
the best interests of the child or young person as the paramount consideration for decisions
made'. The Children and Young People Act 2008 (Act no.19/2008) repealed the Children and
Young People Act 1999. The Act addressed the priority of responding early to concerns about
children and young people and improving outcomes for children and young people in out-of-
home care and 'therapeutic protection.' The Act was passed on 17 July 2008.
The children’s service act :
The Children's Services Act 1986 (Act no. 13/1986) was Commonwealth legislation, which
emphasised strengthening and preserving the relationship between the child and his or her
family and the desirability of leaving a child in their home. It introduced the legal term 'child in
need of care', and also took a significant step in separating 'children in need of care' from
'juvenile offenders.' The Children's Services Act 1986 became effective in June 1987. It was
repealed by the Children and Young People Act 1999 on 10 May 2000. This ordinance became
an ACT Act on 11 May 1989.
The rights of child 1989 :
According to Convention on the Rights of the Child, 1989; for the purposes of the present Convention,
a child means every human being below the age of eighteen years unless under the law applicable to the
child, majority is attained earlier. . In the law of the domestic relations, and as to descent
and distribution, it is used strictly as the correlative of "parent," and means a son or daughter
considered as in relation with the father or mother. In the law of negligence, and in laws for the
protection of children, etc., it is used as the opposite of "adult," and means the young of the
human species, (generally under the age of puberty,) without any reference to parentage and
without distinction of sex.
Child labour act 1986 :
As per the Child Labour (Prohibition & Regulation) Act, 1986 “child” means a person who has not
completed is 14th year of age. The Act prohibits employment of such children who are under 14 years of
age
