TOPIC- PROTECTION OF CHILD AND JUVENILE UNDER THE

INDIAN CONSTITUTION

SUBJECT : OFFENCE AGAINST CHILD AND JUVENILE

 ACKNOWLEDGEMENT

“God gives us life to decorate it with knowledge. Life without knowledge is like a river without
water.”
This project would not have been conceivable without the kind help of numerous people and

associations. I wish to extend my gratitude to each one of them.

I am exceptionally obliged to Prof __________ for her direction, steady supervision and her
constant help in collecting data related to the project. It is my privilege to acknowledge with
profound gratitude and indebtedness ma’am, for her inspiration, constructive criticism and
valuable suggestions. Her precious guidance and time matched unrelenting support kept me on
track throughout during the completion of this project.

I also want to offer my thanks to my parents and my brother for their support and encouragement

which helped me in the completion of this project.

Last, but not the least I want to thank my friends for their constant support and motivation in the

making of this project.

 INDEX

1. INTRODUCTION
1.1 PROVISIONS IN INDIAN CONSTITUTION TO PROTECT THE RIGHTS OF
CHILDREN.
1.1.1 ARTICLE 14
1.1.2 ARTICLE 21A
1.1.3 ARTICLE 24
1.1.4 DPSP
1.1.5 FUNDAMENTAL DUTIES
2. OFFENCES AGAINST CHILD & JUVENILE
2.1 INTRODUTION
2.1.1OFFENCES AGAINST CHILDREN

 BEGGING
 KIDNAPPING AND ABDUCTION
 MURDER
 CRUELTY
 SALE AND PROCUREMENT
 PROSTITUTION
3. LAWS THAT ARE FOLLOWED IN ORDER TO PROTECT CHILDREN
3.1 INDIAN PENAL CODE
3.2 ACT OF 2006 RELATING TO THE PROHIBITION OF CHILD MARRIAGE
3.3 APPRENTICES ACT 1961
3.4 JUDICIAL TREATMENT OF MINORS ACT OF 2015
3.5 ACT OF 1890 RELATING TO THE GUARDIAN AND WARDS
4. HISTORICALLY SIGNIFICANT RULING REGARDING THE RIGHTS OF MINORS
4.1 SOME MAJOR JUDGEMENTS
5. CONLUSION
6.BIBLIOGRAPHY
 INTRODUCTION

“Children do not constitute anyone’s property: they are neither the property of their parents nor
even the society. They belongs only to their own freedom.”

Children are not allowed under the law to make decisions for themselves because they are
considered to be minors. Instead, these decisions are made by their parents, caretakers, social
workers, teachers, and youth workers, along with a variety of other individuals who have been
given such responsibility. It is a commonly held belief that citizens have insufficient control over
their own lives, which leaves them subject to the influence of the state.

Children's rights are a subset of human rights that emphasise the need for extra safeguards and
consideration when dealing with minors. These rights are also known as the human rights of
children. The loss in children's integrity, which in turn leads to child poverty, lack of education,
or even outright denial of education, is a direct result of the many policies held by the
government to conceal the ways in which adults mistreat and exploit children. According to this
point of view, children are seen as the minority group that requires the society to reevaluate how
it treats them in comparison to how it treats other minority groups.1

The welfare programmes were directed at the care of children. The idea of children's rights didn't
become widespread until the 20th century. In a nutshell, it would mean that rights would take the
role of welfare. Which was in all honesty a very important strategy. Rights are rights that come
with certain responsibilities and purposes.2 They are generally composed of a significant amount
of social justice, nondiscrimination, protection, equity, and empowerment. The United Nations
Conventions on the Rights of the Child from 1989, which are considered a watershed moment in
the development of international human rights legislation, are the embodiment of the rights
viewpoint.

1
Children’s    right    under    the    Constitution,    LegalService, https://en.wikipedia.org/wiki/Children%27s_rights
2
Goldman, J. (2010). Australian undergraduate primary school student-teachers’ responses to child sexual abuse and
its mandatory reporting. Pastoral Care in Education: an International Journal of Personal, Social and Emotional
Development, 28(4), 283–294.
The idea that younger children are more susceptible to psychological and bodily harm is
pervasive across the majority of world cultures. This is a powerful perspective. The majority of
children's activities are limited by age restrictions, such as the age at which they are allowed to
leave school, the age at which they can get married, the age at which they are regarded as adults
by the legal system, the age at which they can start working, the age at which they can join the
military, and so on. However, the minimum age required to participate varies greatly depending
on the sport, as well as the nation. A person who is younger than 14 years of age is considered to
be a "child" according to the Constitution of India and the Child Labour (Prohibition and
Regulation) Act of 1986. According to the recently revised Juvenile Justice Act of 2015,
juveniles between the ages of 16 and 18 who commit serious crimes such as rape, acid assault,
murder, etc. may be tried and sentenced as adults.

The framers of the Constitution were well aware of the fact that children represent the hopes and
dreams of their country and that the fate of India rests in their hands as a result. They were
worried about putting in place safeguards that would ensure the safety of the children. They
meant protection of the intellect, protection of the body, protection of dignity, protection of their
rights, and so on and so forth when they said protection. There were a number of clauses in the
Constitution that dealt with issues pertaining to the lives of children. There have been numerous
pieces of legislation, initiatives, and other types of programmes enacted, all with the intention of
making the provisions of the constitution more robust.3

Provisions in Indian constitution to protect the rights of children.

Through its many provisions, the constitution guarantees the fulfilment of rights and the
protection of young people. Children, because of their impressionable age and lack of maturity,
require further care and protection than adults do. They are entitled to particular legal protections
and rights, both of which are being acknowledged on a national and international level. The
rights of children have been acknowledged in the constitution to a significant degree. The
document contains a number of articles that address issues such as compulsory and free
education, freedom and development in childhood, nondiscrimination in educational spheres, and
the prohibition of children working in factories, mines, or other dangerous environments.
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The following are the provisions of the law:

RIGHT TO EQUALITY, AS DEFINED IN ARTICLE 144

In accordance with this article, the State of India is obligated to ensure that no individual within
the geographical boundaries of India is denied equality before the law or the equal protection of
the laws.

Every citizen of India, including children, shall be afforded the same level of protection by the
law and must be treated equally before the law. There must be no discrimination or arbitrary
enforcement of these requirements. This right, which is provided for in the Indian Constitution,
serves to defend the rights of children in order to prevent their dignity and integrity as children
from being violated in any way.

In Indian society, the fact that children are more susceptible to being treated unfairly increases
the likelihood of this occurring. In the Indian Constitution, Article 15 makes it illegal to
discriminate against anyone. Nothing in this article shall preclude the state from providing any
particular provisions for women and children, as stated in Article 15 paragraph 3 (there shall be
no exceptions). Article 15.3 makes it quite clear that "special provision" does not entail "unequal
treatment," but rather that it is intended for the well-being and development of children in India.
This is very clear.

ARTICLE 21A –RIGHT TO EDUCATION

In accordance with the provisions of this article, the State is obligated to provide a free and
obligatory education to all children between the ages of six and fourteen in a way that the State
may, by legislation, designate.

4
Article 14,Indian Constitution
Article 21A of the Constitution was added as a result of the Constitution (Eighty-sixth
Amendment) Act, which was passed in 2002. This amendment made it a fundamental right for all
children between the ages of six and fourteen to receive an education that is both free and
mandatory. When it comes to ensuring that all of the children in the state receive an education,
there have been numerous obstacles in the way. There are a lot of different explanations for the
same thing. Article 26 of the Universal Declaration of Human Rights and Articles 13 and 14 of
the International Covenant on Economic, Social, and Cultural Rights both contain references to
the right to education as a fundamental tenet of international law.5

The most important thing that these articles do is ensuring that all children, regardless of
religion, caste, gender, or socioeconomic situation, have access to an education. This article
ensures that no child will be denied the opportunity to get the fundamental education they
deserve. Elementary schooling will be made available to each and every person.6

ARTICLE 24 –PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES

According to this article, no kid under the age of fourteen shall be employed to work in any
factory or mine or engaged in any other hazardous activity. Also, no child shall be allowed to
work in any other hazardous occupation.

Construction activity and railway crossings are examples of conditions that could be considered
hazardous. This article does not prohibit or restrict work that is not harmful. This article regulates
and prohibits the employment of children in work-related activities in India. employment that
robs children of their childhood, their potential, and their dignity is what we mean when we talk
about child labour.

This type of employment also poses a risk to the children's ability to grow and develop both
physically and mentally. With such a large population, UNICEF predicts that India has a high

5
Back, S., Jackson, J., Fitzgerald, M., Shaffer, A., Salstorm, S., & Osman, M.(2003). Child sexual and physical
abuse among college students in Singapore and the United States. Child Abuse and Neglect, 27(11), 1259–1275
6
Article 21A, Indian constitution
number of children working in the workforce. Since gaining its freedom from colonial
domination, India has enacted a number of constitutional provisions and laws pertaining to the
employment of children.

DIRECTIVE PRINCIPLES OF STATE POLICES

There are numerous provisions that have been included in the Directive Principles of state
policies. These sections detail how the state is accountable for ensuring the protection of the
rights of children.

ARTICLE-39 – The state is required to adhere to certain guiding principles of the policy.

The health and strength of employees, both men and women, as well as the young age of
children, are not pushed by economic need to choose a vocation that is unsuited to their age or
strength, as is stated in Article 39(e).

It is the responsibility of the state to ensure that no kid is subjected to any form of physical or
mental abuse. kid Labour is one of the social evils that is forced upon society by the requirement
of the economic system.

It is stated in Article 39 [1](f) that children are provided with opportunities and facilities to
develop in a healthy way and in conditions of freedom and dignity. It is also stated that childhood
and youth are safeguarded against exploitation as well as against moral and material
abandonment.

This law also safeguards children and makes available the opportunity and resources necessary
to flourish in an environment free from danger.

ARTICLE 45 This provision is for children younger than six years old who are enrolled in early
childhood care and education programmes.

In accordance with this rule, the State is required to make every effort to offer early childhood
education and care for all of the children up until the time that they reach the age of six years old.
In accordance with this Act of the Indian Constitution, the state is obligated to provide protection
for children and is accountable for their overall growth and development.

The state is responsible for providing a secure environment in which children can develop
without interference from any third party and in which they are able to fully enjoy their
childhood. After that, it is up to the state to ensure that they receive an education that is both free
and mandatory for them to attend.

Regardless of the circumstances surrounding the kid, including the possibility that they are not
protected by their own parents or that their own parents do not provide them with the rights to
which they are legally entitled. In order to ensure the child's health and safety, the state is
required to implement stringent policies.

FUNDAMENTAL DUTIES

The term "fundamental duties" refers to the essential responsibilities that come with being an
Indian citizen. It outlines approximately 11 responsibilities that are expected to be fulfilled by
every Indian citizen.

It is the moral role of every citizen to assist develop a spirit of patriotism and to protect India's
unity, and this obligation is declared as such in the Indian Constitution.

ARTICLE-51A(k)

When a child is between the ages of six and fourteen years old, it is the responsibility of every
Indian citizen who is either a parent or a guardian to make sure that they have access to
educational opportunities for their child or, depending on the circumstances, their ward. Because
of this provision, the Constitution makes it abundantly clear that it is the responsibility of the
parent to ensure that their child receives an education because of how essential it is to the growth
and development of the nation.
 OFFENCES AGAINST CHILD & JUVENILE

Introduction

Children and women, because to the inherent and natural frailty that children and women both
possess, have been the targets of criminal activity since the beginning of time. There are no age
or gender restrictions placed on the criminal acts done against children; these crimes can be
perpetrated against any youngster. This is typically the result of the victim's inability to
comprehend the seriousness of the actions committed against them and the repercussions of
those offences, which makes the victim an easy target for the perpetrator. To put it another way,
an offender is more likely to target a child as a victim because children have an innate sense of
purity and maturity, both of which are often proportional to their age.7

Now that we have established that, let's go on to the next step and learn about the different types
of juvenile offences, how they have an effect on children's minds, the laws that are already in
place to combat them, and the possible steps that may be taken to prevent and deal with these
juvenile offences.

It is necessary for us to first recognise that we are familiar with the concept of offences
committed against juveniles before we can move on to learning about the many types of offences
committed against juveniles.

For the purposes of legal consideration, a young person is considered to be anyone from a
newborn baby to a person who has not yet reached the age of 18 years old. A person is
considered to be a child for the purposes of legal protection and consideration if they are between
the ages of zero and eighteen years old, regardless of their gender.

Any crime or crimes that are committed against a kid or children are considered to be crimes
against children or juveniles, regardless of the number of victims.

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It is not required that a crime, such as kidnapping, murder, rape, or coerced beggary, be
committed in order for it to be declared an offence against a juvenile. Instead, the offence can be
any act of verbal, physical, or mental abuse committed against a child.

Offences Committed Against Children

Let us now recognise and discuss the numerous forms of crimes that have been done against
children in society, including the following:

Cruelty

Therefore, what characteristics define cruel behaviour? Is it only the act of physically tormenting
another person?

In this case, cruelty refers to any act or omission that causes mental or physical injury to a
person, regardless of the person's age, gender, mental capacity, or anything else of the sort.

A child can be cruelly treated in a variety of ways, including physically abusing them or just
putting them under mental pressure by threatening them with bodily damage. (The attack is
discussed in Section 351 of the Indian Penal Code)

Use of children for the purpose of begging

Do you remember Charles Dickens's novel Oliver Twist? Where the destitute and orphaned
youngsters would be taught by Faggin, the leader of a child begging racket, the skills necessary
to beg, pickpocket, and steal.

The use of children as beggars is a practise that occurs all over the world, regardless of the state
of the economy in the nation in which it takes place. You may be wondering what would happen
if a youngster was truly starving and was not involved in any kind of racket. If you truly want to
assist a child who is approaching you for charity, there is one thing you may do: instead of giving
the child money, consider giving him some food. By taking these steps, you will, on the one
hand, be assisting the youngster, and, on the other, you will be preventing the money from falling
into the hands of a criminal organisation.

There are situations in which a child's own parents will exploit the child to beg for charity. In this
scenario, the money ultimately goes to those individuals who see a child as a practical means of
generating an income.

Getting a Child Drunk on Alcohol

It has been established that the charity that is given to a child who asserts that he or she is
starving may ultimately find its way into the possession of a ringleader of some sort of criminal
enterprise. Nevertheless, there is always the possibility that it will lead to the consumption of
intoxicating substances such as cigarettes, alcohol, narcotics, and so on. These intoxicating
chemicals are being sold to minors by vendors who are motivated only by a desire to increase
their profit margins.8

The ringleaders of the racket will frequently use intoxicants on the children in order to make it
simpler for themselves to maintain control over the children and ensure that the children do not
escape or put up a fight.

Kidnapping and Abduction

Abductions can occur for many different reasons, including the following:

Abduction of a Child by a Parent The majority of the time, this takes place when a child's parents
are going through a divorce or separation and one of the parents kidnaps the child in order to
keep custody of the child.

Sometimes children are kidnapped and sold to adoption agencies for the purpose of unlawful
adoption. This practise ultimately results in the illegal adoption of such youngsters.
8
Deb, S. (2015). Legislation concerning reporting of child sexual abuse and child trafficking in India: A closer look.
In Mandatory reporting laws and the identification of severe child abuse and neglect (pp. 541-564). Springer,
Dordrecht.
Murder: Sometimes children are abducted for the purpose of extorting ransom, and when the
payment is acquired by the kidnappers, they murder the children so that such children can
provide witnesses against the kidnappers. This is done so that such children can provide
witnesses against the kidnappers. To reiterate, children are sometimes taken hostage for a variety
of reasons, including but not limited to personal vendettas, family feuds, and so on.

Sale and procurement

In the present day and age, the buying and selling of children is a developing and troubling social
issue that has to be addressed.When children are stolen, they are then sold into human trafficking
rings and utilised for a variety of purposes, including the following activities and more:

 because you put them to work in the gutter.

 to force kids to engage in child prostitution against their will.
 to employ them in the role of domestic helpers.
 In order to force people into improper relationships or marriages, which are both illegal.

Prostitution of Children

The act of providing sexual services in exchange for money or benefiting financially from those
services is referred to as prostitution. It is against the law in every country to engage in child
prostitution. Although the age at which consent can be given may vary from country to country,
this is not guaranteed to be the case. Take Italy as an example; the legal age of consent there is
14. However, human trafficking, kidnapping, and any other crimes committed against children
typically intersect or are tied to child prostitution in some way. The existence of large numbers of
paedophiles in society enables child prostitution to continue to exist around the world despite the
existence of stringent legislation.
Pornography of children

The term "child pornography" refers to the practise of encouraging or pressuring a youngster to
engage in sexually explicit behaviours and then filming or photographing them. The act of
promoting such behaviour can be accomplished by using monetary or other forms of enticement
on a minor. Child pornography is illegal in every country, and pornographic websites are
required to remove or filter out any sexually explicit content that includes a child if they want to
stay in business.

Sexual assaults on children and rapes

At this point in time, molestations and rapes are not limited to any one gender in particular. Any
youngster, regardless of the gender of the child, is susceptible to being raped or sexually
molested. A member of the child's family, a family friend, a teacher or caretaker at the child's
school, or even his pals or home help could be the ones to perpetrate such an offence against the
youngster.

In most cases, a child's lack of experience and maturity makes it impossible for them to
understand the gravity of the situation and the repercussions of their actions. Or perhaps the
victim simply chooses not to speak out because the offenders have threatened them. Sometimes
members of their family will counsel them to keep things private in order to protect what is
referred to as the "family honour." Regardless of the circumstances, there has been a rise in the
number of sexual offences committed against a kid, and the vast majority of these incidents go
unreported.

LAWS THAT ARE FOLLOWED IN ORDER TO PROTECT CHILDREN.

Protection Provided for Children Under POCSO

POCSO Act9

The Protection of Children Against Sexual Offences Act, 2012 (POCSO) was enacted to provide
a robust legal framework for protecting children against sexual offences such as sexual assault,
sexual harassment, and pornography, while protecting the juvenile's interest at every stage of the
judicial process.

The Act was drafted to prioritise children by making it user-friendly and incorporating
mechanisms that facilitate child-friendly reporting, evidence recording, investigation, and
expeditious trial of offences through specially designated Special Courts.

The new law establishes multiple offences for which offenders can be punished.

It recognises modes of penetration besides penile-vaginal penetration and criminalises impure

acts committed against children. violations of this statute include:

Penetrative Sexual Assault: Inserting penis/object/another body part into a child's

vagina/urethra/anus/mouth, or requesting that the child do so with them or another individual.

Sexual Assault: When a person sexually contacts a child or forces the child to sexually touch
them or another person.

Sexual Harassment: making sexual comments, making sexual gestures or sounds, stalking
repeatedly, glaring, etc.

Aggravated penetrative sexual assault/aggravated sexual assault.

The act is neutral with regard to gender for both minors and the alleged perpetrator. Regarding
pornography, the Act criminalises even viewing or accumulating child-oriented pornographic
material. The Act criminalises child sexual abuse facilitation.

Possible crime prevention measures

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Child-Rights.htm
There are two distinct forms of violence experienced by children (defined by the United Nations
as anyone between 0 and 18 years of age): child maltreatment by parents and guardians towards
children (0 to 14 years) and violence in community settings among adolescents (15 to 18 years of
age). It is possible to prevent these various forms of violence by addressing the underlying
causes and risk factors unique to each type.10

Parental and guardian maltreatment of children is preventable through:

 Reduce the number of unplanned pregnancies.

 Reduction of harmful alcohol and illicit substance consumption during pregnancy.
 Reducing harmful alcohol consumption and substance use among new parents and
guardians.
 By increasing access to quality prenatal and postnatal care facilities.
 Professional nurses and social workers provide home visits to households where children
have been maltreated.
 Providing parental training on child development, non-violent discipline, and the
development of problem-solving skills.

Community-based violence involving minors is preventable through:

 Preschool enrichment programmes that give children an educational head start.

 Training for developing life abilities.
 Help for at-risk adolescents to conclude their education.
 Reduction of alcohol availability through the implementation and enforcement of
licencing, taxation, and pricing regulations.
 Implementing restrictions on firearm access.

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Umbrella ICDS, Ministry of women and child Development https://wcd.nic.in/schemes-listing/2404t Schemes for 
  Improving the efficacy of pre-hospital and emergency medical care will reduce the risk of
death, the duration of recovery, and the degree of permanent impairment caused by
violence.

Indian Penal Code

Nothing is considered a crime if it was committed by a kid who was younger than seven years
old, as stated in Section 82 of the Indian Penal Code. Similarly, nothing is considered a crime if
it was committed by a child who was older than seven years old but was younger than twelve
years old, as stated in Section 83.

Children of this age will not have reached the point of development where they are able to tell
the difference between what is right and what is wrong. The child is not going to understand the
results that will come from his or her behaviour.11

Because he is unable to differentiate between right and wrong, we might conclude that he is
completely dole incapable.

If a person under the age of eighteen commits suicide, the Abetment of Suicide is a punishable
offence according to Section 305 of the Indian Penal Code. This section indicates that anyone
who aids or abets a person in committing suicide is subject to the same penalties as those
outlined in the act.

In the Indian Penal Code, section 315 addresses the crime of infanticide, which is classified as
one of the offences committed against children. Punishment for the act of homicide committed
against an infant is outlined in this section of the Indian Penal Code. According to the Indian
Penal Code, Section 316, "Whoever does the act of causing the death of a quick unborn child by
act amounting to culpable homicide," is guilty of the crime of foeticide.

The exposure and abandonment of a child younger than twelve years old by a parent or other
person responsible for the child's care is outlined in Section 317. A parent who exposes or
abandons a kid who is younger than 12 years old will be subject to the same penalties as the
parent who committed the act.

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The Indian penal code, specifically section 369, details the punishment for the crime of
kidnapping a child younger than 10 years old with the aim to steal from its person.

In the Indian Penal Code, section 366A outlines the punishment for the act of impregnating a
juvenile girl (for inducing her through force or seduction to engage in sexual activity against her
will). This section outlines the course of action to be taken against the aforementioned crime in
order to ensure the safety of girl children in India.

The punishment for buying, selling, or acquiring possession of a person under the age of
eighteen at any age who is hired or exploited for the purpose of prostitution or illicit intercourse
with any person or for any other criminal purpose is outlined in Sections 372 and 373 of the
United States Code.

ACT OF 2006 RELATING TO THE PROHIBITION OF CHILD MARRIAGE

Following the repeal of the Child Marriage Restraint Act in 2006, the Indian government enacted
the Prohibition of Child Marriage Act to prevent further instances of child marriage. The primary
purpose of this Act is to put an end to marriages between minors. With the passage of this act, we
may finally put an end to the practise of marrying off children. A person is considered a child
under this Act if they are a female and have not reached the age of eighteen, or if they are a man
and have not reached the age of twenty-one.

APPRENTICES ACT 1961

The primary goal of this Act was to prevent the apprenticeship or training of children younger
than 14 years of age, and it requires a contract between the employer and the guardian in the case
of other minors. If a person is at least fourteen years old and satisfies such standard of education
and physical fitness, then that person is qualified to be engaged in the process of becoming an
apprentice.12

JUDICIAL TREATMENT OF MINORS ACT OF 2015

The Juvenile Justice Act of 1986 was null and void after the passage of this law, which was done
so to comply with the Child Rights Convention. Additional amendments to this Act were made in
2006 and 2010. This Act was once again repealed in 2015. This Act provides a special approach
to the protection, treatment, and development of children. This law mentions how a child should
be protected whether they are in a home, without a home, begging, etc... Under section 15 of this
Act, special provision had been made to tackle child offenders who committed heinous offences
while they were between the ages of 16 and 18 years old. This Act was once again repealed in
2015. The manner in which a youngster ought to be shielded from all of the dangers that come
from the outside world.

ACT OF 1986 RELATING TO THE PROHIBITION AND REGULATION OF CHILD

LABOUR

Because of this, it is illegal for children to participate in some types of work that could put them
in harm's way and have an impact on their mental and physical health. It governs the working
circumstances of youngsters who are employed in various types of jobs.

THE ORDINANCE OF 1960 RELATING TO THE SUPERVISION AND CONTROL OF

ORPHANAGES AND OTHER CHARITABLE HOMES

This Act provides for the supervision and management of homes for orphaned women and
children, as well as homes for those who have been abandoned.

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ACT OF 1890 RELATING TO THE GUARDIAN AND WARDS

This Act addresses the requirements that must be met by guardians of children before the courts
may appoint them or allow them to be removed from their positions. It is applicable to all
children, regardless of their religious affiliation. When it comes to the topic of divorce, there is a
great deal of confusion on who should take custody of the child. It is the kid's request that the
court consider first, there may be affects on the child owing to the factor of their age, and as a
result, the court arrives to a conclusion after hearing the pleading by both parties in which the
court assures the safety of the child after hearing the pleading by both parties.

ACT RELATING TO THE ADOPTION AND MAINTENANCE OF HINDUISM, 1956

This Act addressed, in a general sense, the provisions necessary for a Hindu adult to adopt a
child as well as the Hindu law regarding maintenance payments to spouses, parents, and
children.

PROBATION OF OFFENDERS ACT 1958

This law places limitations on the length of time that criminals who are less than twenty-one
years old can be incarcerated for their crimes. The purpose of this act is to prevent juvenile
offenders from becoming into hardened criminals. Because there is a possibility of change in
them when they are forced to spend time in jails alongside criminals.

Historically significant ruling regarding the rights of minors

Children are by definition unable to petition the court on their own behalf; instead, they are
required to rely on the function of parents patria that is played by the state. Through public
interest litigation, the court has responded to the needs of children in conditions where there is
significant room for improvement, such as in institutions, prisons, illegal confinements,
treatment of mentally retarded children and handicapped children, child labour, child marriage,
adoption, juvenile justice, prevention of the trafficking of young girls, the welfare of children of
prostitutes, prohibition of corporal punishment in schools, and sex-selection.

A ruling has been handed down by the court on virtually every issue that concerns a child at this
point. The court has considered the circumstances through the lens of the fact that all of the
judgements that were taken were concerned with and made for the children throughout the
nation.

M.C. Mehta v. State of Tamil Nadu.

The judgement that was handed down stated the instruction to prohibit child work in dangerous
situations; the petitioner was concerned about the high rate of child labour in hazardous
conditions in the Match factories of Savakis located in the Kamraj region of Tamil Nadu. It was
said in the judgement that there has been no proper eradication of child labour by the state, and it
also gave out the visions of the constitution and linked child labour with poverty. In addition, the
judgement gave out the visions of the constitution.

Sanjay Suri v. Delhi administration

The court issued instructions to remove some of the policemen who were responsible for the
crime, as well as rules to protect youngsters who were detained in jails. The petition that Sanjay
Suri submitted focused on the practise of juveniles being tried as adults. In spite of the restriction
contained in the Children's Act, a significant number of children were locked up. The juveniles
were placed in close quarters with the habitual offenders and several other adults, where they
were abused and forced to perform demeaning labour.

Gaurav Jain versus the Union of India

The United States Supreme Court decided that it would not be in the best interest of the children
of prostitutes to be separated from other children. The United States Supreme Court decided that
children of prostitutes have the right to equality of opportunity, dignity, care and protection, and
the right to be rehabilitated so that they can be a part of the mainstream of social life without
having any pre-existing stigma connected to them.

Jeet v. Union of India.

In order to put an end to the sexual exploitation of children, certain directives were given. The
court ordered the state government to establish rehabilitation houses for the youngsters who were
discovered begging on the streets, as well as protective homes for the juvenile girls who had
been coerced into participating in the "flesh trade."

Sheela Barse versus the Secretary Children's Aid Society and Others

The petition was submitted in the name of the public interest in relation to the inappropriate
running of childcare institutions in Mumbai. The Supreme Court issued an order stating that a
child should never be placed in jail and that a central law must be developed to bring uniformity
in the legal system for juvenile offenders.

Kishan Pattnayak v. the State of Orissa.

People in need were compelled to sell their children in order to purchase food for themselves.
The government of Orissa was pressured into taking a number of different welfare measures.

The petitioner submitted a letter to the Supreme Court of India, bringing to the court's attention
the great poverty in the Kalahandi region of Orissa, where hundreds of people were starving to
death, and as a result, they were compelled to sell their children. The petitioner also brought to
the court's attention the fact that the Kalahandi region was located in India.

The issues of being impoverished and lacking food have been brought up in this case. In this
decision, the Supreme Court made major efforts in implementing irrigation projects in order to
minimise the severity of drought, as well as certain procedures in order to ensure that fair selling
prices are maintained.
Sarita Sharma v, Sushil Sharma

The court decided that while deciding who should have custody of the children, the first factor
that should be taken into account is what is best for the children.

Unnikrishnan J.P &Ors v. State of Andhra Pradesh

The court decided that having the right to life necessarily includes having the right to education.
The Decision Concerning

As a result of this case, the right to education was elevated to the same status as the right to life.
The 86th Amendment to the Constitution, which was passed in 2002, included the Right to
Education under the Right to Life clause.

Plans of action and policies that have as their primary objective the defence of children's
rights -

The measures aimed at protecting children are committed to upholding all of their rights. As a
result, the action plans are put into motion in order to create a supportive atmosphere that is
conducive to the growth of the child. The government of India has recently implemented a
variety of policies, programmes, initiatives, and programmes. Some of the most important policy
and strategy documents are as follows:

The Children's Bureau's National Policy in 1974

In the National Policy for children, which was created in 1974, it was stated that children are the
"supremely important asset" of the country. By participating in and ratifying a number of
international conventions and accords, the Government of India has demonstrated its dedication
to protecting the rights of its children. This policy acknowledged that children should play an
essential role in the nation's goals for the development of its human resource, with the goal of
ensuring that children have the opportunity to mature into robust citizens who are both physically
and mentally sound.

2013 National Policy Statement on Children

Children should be protected and provided with a safe environment for their growth, and this
policy ensures that no child is discriminated against on the basis of religion, gender, caste, place
of birth, financial background, or any disability. This policy came into effect in April 2013, and it
protects the equality and identity of children. Children should be protected and provided with a
safe environment for their growth. In addition, the policy adheres to the idea that a healthy home
life is essential for the all-around growth and development of a kid.13

1991–2001: Implementation of the National Plan for the SAARC Decade of the Girl Child

 The Indian government first acknowledged the requirement to ensure the safety of girl
children in the year 1992. A separate Nation Plan catering specifically to the needs of
young women was developed by the government for the years 1991 to 2000. This plan
focused on achieving three primary objectives.
 The preservation of the female child, her protection, and a healthy pregnancy are of
utmost importance.
 protection of the female population as a whole.
 Provisions specifically made for disadvantaged female children who are in need of care
and protection.

In a similar vein, there are a great deal of plans and policies that have been developed with the
welfare of children in mind.

13
National Crime Records Bureau. (2015). OGD Platform: Open Data Source Government of
India. http://data.gov.in/catalog/crime-committed-against-children-under-different-crime-
heads#web_catalog_tabs_block_10. Accessed 16 June 2015.
  The National Education Policy for the Year 2019
 A National Policy on the Employment of Children3
 20163 National Plan of Action for Children (National Plan of Action)
 Policy on the National Population in the Year 2003
 Policy on the National Health System in 2013

The implementation of these programmes is therefore geared towards purging the society of its
ills. It protects a child's constitutional right to receive an education, which, according to India's
founding document, must be offered free of charge and be made mandatory for all students.
These policies not only investigate and carry out the objectives pertaining to health, but they also
control the amount of time children can spend working and forbid the employment of children in
dangerous environments.

Commission for the Protection of Child Rights of the National Government

Under the provisions of the Commission for Protection of Child Rights Act (CPCR), 2005, which
was passed into law by the Ministry and applies to the entirety of India with the exception of the
state of Jammu and Kashmir, the National Commission for the Protection of Child Rights is
tasked with the responsibility of safeguarding and advancing children's legal entitlements.14

In response to the complaint, the Commission will investigate the situation and take sue moto
notice of any relevant issues regarding:

 Deprivation as well as the violation of the rights of children.

 failure to enforce rules that are intended to safeguard children and promote their growth
and development;
 Failure to comply with policy decisions, rules, or instructions that are intended to
alleviate the suffering of children and ensure their welfare and provide relief to children
who are experiencing such suffering.15

14
Shaikh, Z. (2015). Fact: 1 in 6 Indian women marry under 18, The Indian Express, 5th
June. http://indianexpress.com/article/india/india-others/fact-1-in-6-indian-women-marry-under-18/. Accessed 17
June 2015
15
Goldman, J. (2010). Australian undergraduate primary school student-teachers’ responses to child sexual abuse
and its mandatory reporting. Pastoral Care in Education: an International Journal of Personal, Social and
Emotional Development, 28(4), 283–294.
HOPE

Hope is represented by the telephone number CHILDLINE 1098, which is accessible to millions
of children all over India. It is a free phone service that is available round-the-clock, every day of
the year, for the purpose of helping and assisting children in India. Not only does it respond to
emergency calls, but it also connects the callers with the appropriate resources for their long-term
care and rehabilitation.16

CONCLUSION

In spite of all of these components of the legal framework, there is still a dearth that is prevalent,
and there are still difficulties to be conquered in both the here and now as well as in the future.
There are many instances in which justice has been withheld from children. Social ills such as
child marriage and child labour are still often performed in today's culture. It should come as no
surprise that poverty is the driving force behind child work; nonetheless, the provisions of the
Indian Penal Code have been found to be ineffective in a number of situations.

There are situations in which a child is abducted, in which he or she is slain, and in which the
child is subjected to physical, mental, or sexual abuse. All of these instances are still occurring,
and it should also be taken into consideration that all of the laws mentioned above are intended
to eradicate these crimes from the community. There is still a rather high rate of criminal activity
in the society.

16
Schmeling, A., Olze, A., Reisinger, W., Rosing, F., & Geserick, G. (2003). Forensic age diagnostics of living
individuals in criminal proceedings. HOMO Journal of Comparative Human Biology, 54(2), 162–169.
The law ought to become even more stringent, and each and every one of its punishments ought
to strike fear into the hearts and minds of the people. In India, we adhere to the reformative
theory of punishment, which is centred on the idea that criminals can be reformed. Due to the
fact that all of these efforts to change turned out to be useless and instead posed a threat to the
community. It is a theory of punishment known as the deterrent theory if it prevents criminals
from breaking the law by making them afraid of the consequences of their actions and
encouraging them to stay within the bounds of the law.

This approach to meting out punishment ought to be used in India. There have been cases in
which the judge's decision has totally disregarded the wishes of the audience, so denying the
victims any possibility of receiving justice.

In a recent judgement, the Additional Session Court of Palatka, which is also known as the
Special POCSO court, exonerated three men who had been accused of raping, sexually
assaulting, and encouraging the suicide of three siblings who lived in Walayar, Palakkad. These
crimes were committed in Palakkad.

The judge came to the conclusion that the three ladies were not trustworthy witnesses and
dismissed their testimony. The judge reasoned that the testimony of the witnesses was fabricated
in order to support the prosecution's position. The court added that the police had only an
account of those who were against the accused, but no proof that linked them to the crime.

It was demonstrated in the postmortem report of the sisters that they had been raped; but, in the
end, the verdict that was handed down by the court blew the whole crowd off, which also
claimed that the prosecution lacked scientific evidence. This caused the case to be dismissed.
They have had a significant impact on the accused, and as a result, the police and the prosecution
have left out certain aspects of the case that contributed to the formation of such a verdict.

According to what Justice Bhagwati said, "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 the maturity, into fullness on
physical and vital energy and most breadth, depth, and height of its emotional, intellectual, and
spiritual being," [13] [Citation needed] The child is a soul with a being, a nature, and capacities
of its own, who must be helped to find them. Children demand supervision and assistance.

They are not familiar with the finer points of life. It is up to regular individuals like us to lead
them in the correct direction by taking them by the hand and showing them the way. Because
social workers play such an important part in the fight against social ills, there is a pressing need
for a more in-depth investigation into their educational background and level of professional
experience.

Even though there is a lot of legislation passed by the government to prevent many social wrongs
that are committed against children, the government is not taking nearly enough steps to ensure
that children, who will be the citizens of our country in the future, are safeguarded. These are the
children who will steer our country in the direction of being a prosperous and healthy nation in
the future. Only if there is worldwide cooperation and implementation of the right to
development would it be feasible to make a conclusive statement regarding children's rights.

All offences against children can be traced back to their immaturity and frailty (both physical and
mental) from the time of their conception until they reach adulthood. As the children are unaware
of what is occurring, they rarely query the perpetrators' intentions or motivations.

It is unnecessary that crimes committed against minors contain cruel elements. For instance,
juvenile intoxication is a crime. However, coercing minors to consume intoxicating substances is
not necessary. One can easily transmit these substances through food and drink until a child
develops a dependency on them. This is merely one example.

Again, it is possible that a fraudulently adopted child is cared for well by the adoptees. However,
such adoptions shall remain illegal. The law currently enshrines provisions for severe
punishments for crimes against children, but such punishments will need to become more severe
over time in order to prevent and deter perpetrators from perpetrating such crimes.
BIBLIOGRAPHY