5.2.1. Children
Constitutional Provisions
♤ Article 15(3): State can make special provisions for betterment of children.
♤ Article 21 A: State to provide free and compulsory education of all children in the age group of six to fourteen years
♤ Article 23: Right to being protected from being trafficked and forced into bonded labour
♤ Article 24: Prohibition of employment of children below the age of 14 years of age in factories
♤ Article 45: The state to provide early childhood care and education for all children until they complete the age of six years
Legislations Related to Children
♤ Child Labour (Prohibition & Regulation) Act, 1986 It has following twin objectives-
o It intends to prohibit the engagement of children in certain employments
o To regulate the conditions of work of children in certain other employments where children are allowed to work.
♤ The Pre-conception & Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PCPNDT Act, 1994)
o It was enacted for prohibition of sex selection before or after conception and for prevention of misuse of pre-conception and pre-natal diagnostic techniques for sex determination.
♤ Juvenile Justice (Care and Protection of Children) Act, 2015- It provides for strengthened provisions for both children in need of care and protection and children in conflict with law. Some of the key provisions include:
o change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’
o inclusion of several new definitions such as orphaned, abandoned and surrendered children and petty, serious and heinous offences committed by children;
o clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC);
o clear timelines for inquiry by Juvenile Justice Board (JJB);
o special provisions for heinous offences committed by children above the age of sixteen year;
o separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children;
o Inclusion of new offences committed against children; and mandatory registration of Child Care Institutions.
♤ Protection of Children from Sexual offences Act, 2012
o It deals with sexual offences against persons below 18 years of age, who are deemed as children.
o It provides penal provisions for sexual offences like sexual abuse, sexual harassment and pornography
♤ Commissions for Protection of the Rights of the Child Act, 2005
o India has ratified the United Nations Child Rights Convention in the year 1992 and this Act was passed as one of the necessary steps to protect the rights of the children in the country. It establishes National Commission for Protection of Child Rights.
♤ The Prohibition of Child Marriage Act, 2006
o The Act outlaws and provides for penal provision for child marriage.
o According to the act a child is a male who has not completed twenty one years of age and a female who has not completed eighteen years of age. C