CHILD RIGHTS –
POLICIES,
LAWS AND
INSTITUTIONS
LCE
UNIT 3
Tamil Nadu State Policy for Children Laws related to children
– Constitutional safeguards -Importance of Child Safeguarding
Policy - Child protection institutions at village, urban, district,
state, national and international levels
Constitutional Provisions for Child Rights in
India
• Right to Equality:
Article 14 ensures that all children are equal
before the law and have equal protection of
the law.
• Right to Freedom:
Article 19 guarantees the freedom of speech
and expression, which also applies to children.
Constitutional Provisions for Child Rights in
India
• Right against Exploitation:
Article 23 prohibits trafficking of children,
forced labor, and any form of exploitation.
• Right to Education:
Article 21A provides for free and
compulsory education for children aged 6 to
14 Years as a fundamental right.
Constitutional Provisions for Child Rights in
India
• Right to Protection:
Article 24 prohibits the employment of children below the age of 14
years in hazardous occupations.
• Right to Health and Nutrition:
Article 39 mandates the state to ensure that children are provided with
opportunities
and facilities to develop in a healthy manner.
• Right to Protection of Cultural and Educational Rights:
Article 29 safeguards the interests of minority children by granting
them the right to protect their language, script, and culture.
Constitutional Provisions for Child Rights in
India
• Right to Protection of
Juvenile Justice:
Article 15(3), Article 39(e),
and Article 39(f) ensure
protection and welfare of
children in conflict with the
law, promoting their
rehabilitation.
specific legislation to safeguard
child rights- In India
• The Juvenile Justice (Care and Protection of Children) Act,
2015: This act provides for the care, protection, and
rehabilitation of children in need of care and protection, as
well as the treatment of children in conflict with the law.
• The Right to Education Act, 2009: This act guarantees free
and compulsory education to children aged 6 to 14 years.
specific legislation to safeguard
child rights- In India
• The Protection of Children from Sexual Offences (POCSO) Act,
2012: This act deals with sexual offenses against children and
provides for their protection, care, and support.
• The Prohibition of Child Marriage Act, 2006 specifically
addresses the issue of child marriages. Child marriage refers to
the marriage of a girl below the age of 18 years or a boy below
the age of 21 years.
• The Child Labour (Prohibition and Regulation) Act, 1986
addresses the issue of child labour. The act aims to prohibit the
engagement of children in certain hazardous occupations and to
regulate the working conditions of children in non-hazardous
occupations.
Juvenile Justice Care
and Protection of
Children Act 2015
• provides for proper care, protection and
treatment of children in conflict with law and
children in need of care and protection by
catering to their development needs, and
by adopting a child-friendly approach in
the adjudication and disposition of matters in
the best interest of children and for their
ultimate rehabilitation through various
institutions established under the Act.
History of Legislation
concerning Children in
Conflict with the Law
• The Apprentices Act, 1850- allowed the
courts to treat children who had committed
petty crimes as apprentices instead of
sending them to prisons
• Reformatory Schools Act, 1876 -dealt
with juvenile offenders
• The Indian Jails Committee (1919-20)-
some recommendations with regard to
children in conflict with the law
History of Legislation
concerning Children in
Conflict with the Law
• In 1960, the Children Act -to provide for
the care, maintenance, protection, welfare,
education, training, trial and rehabilitation
of neglected
• The Juvenile Justice Act, 1986: - a
uniform law for the whole country
• the JJA, 1986 was repealed and the
Juvenile Justice (Care and Protection
of Children) Act, 2000 was enacted
