What child protection laws are

in India?
Historically we have witnessed a sea change in laws, policies and the
recognition of human rights and child rights. We have moved from common
law doctrines, which unfortunately favoured the powerful, to a rights-based
approach. Whatever welfare happened to vulnerable communities, including
their children, depending on the dominant sections of society’s generosity and
mercy. The Constitution of India, which came into effect on 26th January 1950,
guarantees children’s rights. Article 21-A guarantees the right to free and
compulsory elementary education for all children in the age group 6-14 years.
Article 24 (a) secures the right to be protected from any hazardous
employment until 14 years. Further children have equal rights as all other adult
citizens of India. Few among them are right to equality (Article 14), right to
personal liberty and the process of law (Article 21), right to being protected
from being trafficked and forced into bonded labour (Article 23) etc. Child
protection laws in India are framed in line with constitutional provisions for
safeguarding child rights. More than 250 statutes in India, passed by the Union
and State Governments, deal with children. In addition to these child
protection laws, we have several criminal laws which give protection to
children. These statutes include the Indian Penal Code, 1860, Indian Evidence
Act, 1872 and Criminal Procedure Code, 1973.

List of child protection laws

Some of the laws passed by the Union Government include the following:

Children Pledging of Labour Act, 1933

This Act prohibits the pledging of the labour of children.
2. Definitions .-In this Act, unless there is anything
repugnant in the subject or context,-
"an agreement to pledge the labour of a child" means an
agreement, written or oral, express or implied, whereby the
parent or guardian of a child, in return for any payment or
benefit received or to be received by him, undertakes to cause
or allow the services of the child to be utilised in any
employment:-
Provided that an agreement made without detriment to a child,
and not made in consideration of any benefit other than
reasonable wages to be paid for the child's services, and
terminable at not more than a week's notice, is not an
agreement within the meaning of this definition;
"child" means a person who is under the age of fifteen years;
and
"guardian" includes any person having legal custody of or
control over a child.

The Immoral Traffic (Prevention) Act, 1987

This Act seeks to stop trafficking in young persons, both boys and Girls

Child Labour (Prohibition and Regulation) Act 1986

This Act prohibits children’s engagement in certain kinds of employment and
regulates the conditions of work of children in certain other employments.

 The Child Labour (Prohibition and Regulation) Act of 1986

designates a child as a person who has not completed their 14th
year of age. It aims to regulate the hours and the working
conditions of child workers and to prohibit child workers from being
employed in hazardous industries.

Child Labour (Prohibition and Regulation)

Amendment Act, 2016

 The raw act in the Constitution that was amended in the year 2016
can be stated as:

 “An Act to prohibit the engagement of children in all

occupations and to prohibit the engagement of adolescents
in hazardous occupations and processes and the matters
connected therewith or incidental thereto.”
  According to this amendment in the Act, the Government of India
will provide stricter punishments for employers who violate the
Act.
 It will also make the employer employing any child or adolescent in
contravention of the Act cognizable.
 The Act also allows the government to bar the employment of
adolescents that are working in any hazardous conditions.

Prohibition of Child Marriage Act, 2006

This Act follows the basic premise
(a) to make a child go through marriage is an offence
(b) child or minor is a person up to 18 years of age in the case of girls and 21
years in the case of boys.

Right of Children to Free and Compulsory Education

Act, 2009
Right to education was only the provision in the Directive Principles of State
Policy which had a period of ten years within which the State had to fulfil the
mandate to provide free and compulsory education. We now have the Right to
Education under the fundamental rights, making it a justiciable right under
Article 21a. The Right to Education Act, 2009, also known as RTE Act describes
modalities of the importance of free and compulsory education for children
aged between 6-14 years in India.

Protection of Children from Sexual Offences Act, 2012

The Protection of Children from Sexual Offences (POCSO) Act was enacted to
address sexual exploitation and sexual abuse of minors. The Act holds that a
child is any person below the age of 18 years. The Act defines different forms
of sexual abuse. The Act makes provisions for creating a child-friendly
atmosphere through all stages of the judicial process and avoiding
revictimization. The Act gives vital importance to the best interest of the child.
It thus incorporates child-friendly mechanisms for reporting, recording of
evidence, investigations speedy trials of offences and in-camera trial without
revealing the child’s identity through designated special courts. Juvenile Justice
(Care and Protection of Children) Act, 2015: Juvenile Justice (Care and
Protection of Children) Act came into effect on 15th January 2016. It aims at
ensuring proper care, development, and social reintegration of children in
difficult circumstances by adopting a child-friendly approach. The Act classifies
the term “child” into two categories: ‘child in conflict with law’, and ‘child in
need of care and protection’. This Act has provisions to protect children from
any form of punishment. Law against child beating is one such law under this
provision.

Status of Child Protection in India

While the World has made significant progress in education, nutrition and child
health in the past decade, India has been ranked 112 in the Child Development
Index. Despite child protection act, we witness various forms of child rights
violations, including the denial and inability to access the right to food, right to
education, right to health and rights against exploitation. While our
Constitution and various Union and State laws have provided the legal
framework that allows us to ensure that all children have a safe and nurturing
context to enjoy their childhood, still vast sections of children remain deprived
of their rights.
 With the intent to effectively address the evil of sexual
exploitation and sexual abuse of children, the Protection Of Children
from Sexual Offences Act (POCSO) was passed by the parliament in the
year 2012.

About POCSO Act

Below is a table with the important facts about the Protection of Children from Sexual Offences Act

Enactment June 19, 2012

Date:

Act Year: 2012

Short Title: The Protection of Children from Sexual Offences Act, 2012

Long Title: An Act to protect children from offences of sexual assault, sexual
harassment and pornography and provide for establishment of
Special Courts for trial of such offences and for matters connected
therewith or incidental thereto.

Ministry: Ministry of Women and Child Development

Enforcement November 14, 2012

Date:

The Necessity of the POCSO Act

In this section, we talk about the need for the POCSO Act UPSC.

India has one of the largest populations of children in the world –

Census data from 2011 shows that India has a population of 472 million
children below the age of eighteen. Protection of children by the state is
guaranteed to Indian citizens by an expansive reading of Article 21
of the Constitution of India and also mandated given India’s status as a
signatory to the UN Convention on the Rights of the Child. Before the
implementation of the POCSO Act, the Goa Children’s Act, 2003, was
the only specific piece of child abuse legislation.

Child sexual abuse was prosecuted under the following sections

of the Indian Penal Code:

 I.P.C. (1860) 375- Rape

 I.P.C. (1860) 354- Outraging the modesty of a woman
 I.P.C. (1860) 377- Unnatural offences

However, such a measure had drawbacks since the IPC could not
effectively protect the child due to various loopholes like:

 IPC 375 doesn’t protect male victims or anyone from sexual acts of
penetration other than “traditional” peno-vaginal intercourse.
 IPC 354 lacks a statutory definition of “modesty”. It carries a weak
penalty and is a compoundable offence. Further, it does not
protect the “modesty” of a male child.
 In IPC 377, the term “unnatural offences” is not defined. It only
applies to victims penetrated by their attacker’s sex act and is not
designed to criminalise sexual abuse of children.

As such a legislative reform with a specific child protection act in mind

was needed.

Salient Features of the POCSO Act

 “Children” according to the Act are individuals aged below 18
years. The Act is gender-neutral.
 Different forms of sexual abuse including but not limited to sexual
harassment, pornography, penetrative & non-penetrative assault
are defined in the Act.
  Sexual assault is deemed to be “aggravated” under certain
circumstances such as when the child is mentally ill. Also when the
abuse is committed by the person in a position of trust such as a
doctor, teacher, policeman, family member.
 Adequate provisions are made to avoid re-victimization of the Child
at the hands of the judicial system. The Act assigns a policeman in
the role of child protector during the investigation process.
 The Act stipulates that such steps must be taken which makes the
investigation process as child-friendly as possible and the case is
disposed of within one year from the date of reporting of the
offence.
 The Act provides for the establishment of Special Courts for the
trial of such offences and matters related to it.
 Under section 45 of the Act, the power to make rules lies with the
central government.
 To monitor the implementation of the Act, the National
Commission for the Protection of Child Rights (NCPCR) and State
Commissions for the Protection of Child Rights (SCPCRs) have
been made the designated authority. Both are statutory bodies.
 Section 42 A of the Act provides that in case of inconsistency with
provisions of any other law, the POCSO Act shall override such provisions.
 The Act calls for mandatory reporting of sexual offences. A false
complaint with intent to defame a person is punishable under the
Act.

To know in detail about the Child Healthcare Programmes in India,

candidates can visit the linked article.

POCSO Act – General Principles

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act
UPSC) mentions 12 key principles which are to be followed by anyone,
including the State Governments, the Child Welfare Committee, the
Police, the Special Courts, NGOs or any other professional present
during the trial and assisting the child during the trial. These include:

1. Right to life and survival – A child must be shielded from any

kind of physical, psychological, mental and emotional abuse and
neglect
2. Best interests of the child – The primary consideration must be
the harmonious development of the child
3. Right to be treated with dignity and compassion – Child victims
should be treated in a caring and sensitive manner throughout the
justice process
4. Right to be protected from discrimination – The justice process
must be transparent and just; irrespective of the child’s cultural,
religious, linguistic or social orientation
5. Right to special preventive measures – It suggests, that
victimised children are more likely to get abused again, thus,
preventive measures and training must be given to them for self-
protection
6. Right to be informed – The child victim or witness must be well
informed of the legal proceedings
7. Right to be heard and to express views and concerns – Every
child has the right to be heard in respect of matters affecting
him/her
8. Right to effective assistance – financial, legal, counselling,
health, social and educational services, physical and psychological
recovery services and other services necessary for the child‟s
healing must be provided
9. Right to Privacy – The child‟s privacy and identity must be
protected at all stages of the pre-trial and trial process
10. Right to be protected from hardship during the justice
process – Secondary victimisation or hardships for a child during
the justice procedure must be minimised
11. Right to safety – A child victim must be protected before,
during and after the justice process
12. Right to compensation – The child victim may be awarded
compensation for his/her relief and rehabilitation
CONCLUSION

Children, owing to their developing mind are vulnerable

to the environment they are in. It is of utmost importance
that such environment is made suitable for their growth
and development, regardless of whether such child is in
conflict with law or not and be given adequate care and
protection of the law.