Children have the right to be protected from all exploitative and vulnerable situations that have been discussed. But that is possible only if you make yourself aware of the real problems and risks that children face and of the remedies that are available in law and policy to change the situation in the best interest of children.
A child may need legal help and protection. Resisting legal action when a child needs it the most is a common mistake all of us often tend to make.
Ask yourself – Should fear of disapproval or reprimand by family/community/society/the powerful lobby become more important than social justice?
In 2003, five girls from a village in District Karnal managed to stop sale of two minors into marriage. Once they had made up their mind to stop the marriage and the implicit sale their school teacher helped them take necessary steps for legal action. There was immense resistance from the families of the prospective bride and the groom, from the village elders, the entire community. The girls also received threats and their own families tried to stop them from taking such a step. Initially the police too did not come forward to help and book the erring persons. When everything else failed, the school teacher sought help from the local media to write about it. Finally the police was forced to stop the marriage and book the culprits. These five girls received the National Bravery Award for their exemplary courage and fight against all odds. The role of the school teacher was very critical in this case as without his help it would not have been possible for the girls to take the community to task. In fact, the teacher had risked not only his career but also his life in the process. But the quest for justice and commitment to child protection guided his action.
You can perhaps facilitate the process of legal action by taking some of the following steps:
It is important to know the basic law and understand the rights they protect. Only if you understand rights and legal protection available will you be able to convince a child or her/his parent(s)/guardian(s) or the community for legal action. Sometimes the police/administration can also turn out to be difficult. Knowing your law can empower you to deal with them better.
The main law for prosecuting persons who are engaging in sex selective abortion is the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The offences under the Act include the following.
Apart from this law, the following sections from the Indian Penal Code, 1860 are also important.
The punishment for these offences extends from two years up to life imprisonment, or fine or both.
Children (Pledging of Labour) Act, 1933 declares any agreement by a parent or guardian to pledge the labour of a child below 15 years of age for payment or benefit other than reasonable wages, illegal and void. It also provides punishment for such parent or guardian as well as those who employ a child whose labour is pledged.
Article 24 enshrined in the Fundamental Rights and the Directive Principles of State Policy, lays down that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
The Bonded Labour System (Abolition) Act, 1976 prohibits forcing a person into bonded labour for debt repayment. The act extinguishes all debt agreements and obligations. It prohibits creation of any new bondage agreement and discharges bonded labourers from all debts for which they were bonded. Compelling a person to render bonded labour is punishable under the law. This includes punishment for parents who pledge their child or other family members to work as a bonded labourer.
The Child Labour (Prohibition & Regulation) Act (CLPR Act) 1986 prohibits employment of a child in 18 occupations and 65 processes and regulates the conditions of working of children in other occupations/ processes. As per this Act a child means any person who has not completed 14 years of age. The Act provides punishment for the offence of employing or permitting employment of any child in contravention of the provisions of this Act.
List of other labour laws that prohibit child labour and/or regulate working conditions for child labourers and can be used to book the employers is as follows:
• The Factories Act, 1948.
• The Plantation Labour Act, 1951.
• The Mines Act, 1952.
• The Merchant Shipping Act, 1958.
• The Apprentices Act, 1961.
• The Motor Transport Workers Act, 1961.
• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
• The W.B. Shops & Establishment Act, 1963.
The legal framework available for dealing with a case against child trafficking is as follows:
Special and Local Laws that can be used to book particular forms and purposes of trafficking include:
While a specific law to protect the rights of HIV positive people is in the process of being formulated, there are certain basic rights that the Constitution of India guarantees to all citizens and stand applicable even if a person if HIV positive. These are:
There is no Central legislation in India banning corporal punishment in schools. Different States, however, have enacted laws or made policies to ban it.
States in India that have banned or upheld corporal punishment |
||
States |
Corporal punishment (banned or upheld) |
Law/Policy |
Banned |
Corporal punishment was prohibited in Tamil Nadu in June 2003 through an amendment of Rule 51 of the Tamil Nadu Education Rules prohibiting the infliction of mental and physical pain during “corrective” measures. |
|
Goa |
Banned |
The Goa Children’s Act 2003 bans corporal punishment in Goa. |
Banned |
In February 2004, the Calcutta High Court ruled that caning in state schools in West Bengal was unlawful |
|
Andhra Pradesh (Hyderabad) |
Banned |
Government order (GO Ms No 16) issued on February 18, 2002 imposed a ban on corporal punishment in all educational institutions, violations of which should be dealt with under the Penal Code. |
Delhi |
Banned |
Petition filed by Parents Forum For Meaningful Education. The Delhi School Education Act (1973) had provision for corporal punishment that has been stuck down by Delhi High Court. In December 2000, the Delhi High Court ruled that provisions for corporal punishment in the Delhi School Education Act (1973) were inhuman and detrimental to the dignity of children. |
Chandigarh |
Banned |
Corporal punishment was prohibited in Chandigarh in the 1990s. |
The Constitution of India guarantees
The first Indian law that came into force to provide for punishment for the preaching and practice of ‘Untouchability’ and for any matter connected with it was ‘The Protection of Civil Rights Act, 1955’. Even calling a scheduled caste by her/his caste name e.g. calling a ‘chamar’ a ‘chamar’ is a punishable offence under this law.
In 1989, the Government of India enacted ‘The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act’, which recognises various kinds of acts of violence and discrimination inflicted upon the Scheduled Castes and the Scheduled Tribes by Non-Scheduled Castes and Non-Scheduled Tribes as punishable offences. It also provides for establishment of Special Courts at district level to try the offences under this Act, appointment of Special Public Prosecutors for the purpose of conducting cases in Special Courts, and imposition of collective fine by the State.
Juvenile Justice (Care and Protection) Act 2015 - The JJ Act, 2015 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:
The Narcotic Drugs and Psychotropic Substances Act, 1985 - This law declares illegal the production, possession, transportation, purchase and sale of any narcotic drug or psychotropic substance and makes the person, addict/trafficker liable for punishment. Use or threat of use of violence or arms by the offender, use of minors for the commission of offence, commission of the offence in an educational institution or social service facility are some of the grounds for higher punishment.
The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Under this law, people who use children for drug trafficking can be booked as abettors or conspirators to the act.
Kidnapping or maiming a minor for begging is punishable under Section 363A of IPC. As per Section 2(1) of the Bombay Prevention of Begging Act, 1959, “Begging” means-
Presently, there is no Scheme of the Central Government on Beggary nor there is a central law on the matter. The States are responsible for taking necessary preventive and rehabilitative steps. Around 22 States / Union Territories have enacted their own anti-beggary legislation or adopted legislation enacted by other States/UTs.
Existing State Anti Beggary Laws
Sl.No. | States/Union Territories States | Legislation in Force |
1. | Andhra Pradesh | The Andhra Pradesh Prevention of Beggary Act, 1977 |
2. | Assam | The Assam Prevention of Begging Act, 1964 |
3. | Bihar | The Bihar Prevention of Begging Act, 1951 |
4. | Chhattisgarh | Adopted the Madhya Pradesh Bikshavirty Nivaran Adhiniyam, 1973 |
5. | Goa | The Goa, Daman & Diu Prevention of Begging Act, 1972 |
6. | Gujarat | Adopted the Bombay Prevention of Begging Act, 1959 |
7. | Haryana | The Haryana Prevention of Begging Act, 1971 |
8. | Himachal Pradesh | The Himachal Pradesh Prevention of Begging Act, 1979 |
9. | Jammu & Kashmir | The J&K Prevention of Begging Act, 1960 |
10. | Jharkhand | Adopted the Bihar Prevention of Begging Act, 1951 |
11. | Karnataka | The Karnataka Prevention of Begging Act, 1975 |
12. | Kerala | The Madras Prevention of Begging Act, 1945, the Travancore Prevention of Begging Act, 1120 and the Cochin Vagrancy Act, 1120 are in force in different areas of the State. |
13. | Madhya Pradesh | The Madhya Pradesh Bikshavirty Nivaran Adhiniyam, 1973 |
14. | Maharashtra | The Bombay Prevention of Begging Act, 1959 |
15. | Punjab | The Punjab Prevention of Begging Act, 1971 |
16. | Sikkim | The Sikkim Prohibition of Beggary Act, 2004 |
17. | Tamil Nadu | The Madras Prevention of Begging Act, 1945 |
18. | Uttar Pradesh | The Uttar Pradesh Prohibition of Begging Act, 1972 |
19. | Uttarakhand | Adopted the Uttar Pradesh Prohibition of Begging Act, 1972 |
20. | West Bengal | The West Bengal Vagrancy Act, 1943 |
21. | Daman & Diu | The Goa, Daman & Diu Prevention of Begging Act, 1972 |
22. | Delhi | Adopted the Bombay Prevention of Begging Act, 1959 |
Source: Portal Content Team
Last Modified : 9/25/2024
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