U-1-B-Social and Legal Protection of Children

Social and legal protection of a child consists in securing the child‘ right to life and
favourable development, to parental care and family life, to the child’s identity, freedom of
thought, conscience and religious conviction, education and employment, it also includes
protection of a child from any physical or mental violence, neglect, abuse or
exploitation. Child protection, which constitutes a wider concept than social and legal
protection, thus involves protection of an extensive range of rights and rightful interests of
the child, therefore it is regulated by various legal disciplines and pieces of legislation of
various legal force. It constitutes a subject matter of activities of numerous authorities, legal
and natural persons, depending on their competences.

The concept of child protection and enforcement of child’s rights is reflected by legal
regulations applicable in the sphere of family law, social welfare, education, health, taxation,
civil law, criminal law etc., which also implies the range of entities implementing this
protection. Due to these facts the legal regulation of child protection obviously cannot be
contained in a single legal instrument. The Declaration of the Rights of the Child adopted by
the UN General Assembly on 20 November 1959 and the Convention on the Rights of the
Child adopted in 1989 declare the family as the fundamental group of society and the natural
environment for the growth and well-being of all its members and particularly children,
which must be entitled to the necessary protection and assistance so that it can fully assume
its responsibilities.

According to the mentioned international instruments the child, by reason of his

physical and mental immaturity, needs special safeguards and care, including appropriate
legal protection, before as well as after birth. The Charter of Fundamental Rights and
Freedoms, which forms a part of the constitutional order of the Czech Republic (hereinafter
referred to as “Charter”), pays attention to children and families in Article 32 by providing
parenthood and the family with the statutory protection and guarantees special protection to
children and adolescents. Therefore the legislation also respects one of the key principles of
functioning of a family, namely the parents’ right to care for and bring up their children and
to ask for assistance in case of need. Any interventions into private and family life are
admissible only if requested by the parents or persons responsible for the upbringing of the
children or if these persons are unable or unwilling to care for the children.
In addition to the mentioned substantial documents the concept of child protection is
regulated also by other international conventions and the below stated legal regulations.

The concept of social and legal protection of children is explicitly specified in Act
No. 359/1999 Coll., on social and legal protection of children, as amended (hereinafter
referred to as “SLP Act“), which in s. 1 defines the social and legal protection of children as
follows: protection of the child’s right to a favourable development and proper upbringing,
protection of the rightful interests of the child including protection of the child’s assets and
activities aimed at recovery of disrupted family functions, upon which the Act emphasizes
that this is without any prejudice to special legislation regulating the issue of protection of
rights and rightful interests of the child.

This definition contains the wider concept of social and legal protection by specifying
that the Act is without any prejudice to special legislation regulating the issue of protection of
rights and rightful interests of the child. The SLP Act regulates only certain actions aimed at
protection of children, other actions are specified in numerous legal regulations targeted at
specific areas. These include, inter alia, the Family Act, Civil Procedure Code, Criminal
Code, Rules of Criminal Procedure, Act No. 218/2003 Coll., on juvenile courts, as amended,
Act No. 109/2002 Coll., on the provision of institutional education or protective education, as
amended, social welfare regulations, Act No. 379/2005 Coll., on measures aimed at
protection against harm caused by tobacco products, alcohol and other addictive substances
and amendments to related acts, Act No. 202/1990 Coll., on lotteries and other similar games,
as amended, and others.

From the above specified legal regulations the below stated key principles of legislation in
the sphere of social and legal protection of children may be derived:

Priority factor of providing social and legal protection to children consists in the best interest,
prosperity and well-being of children.

Social and legal protection shall be afforded to all children in general, without any
discrimination based on grounds of race, colour, gender, language, religion, political or any
other opinion, national, ethnic or social origin.

Social and legal protection shall be granted free of charge.

Social and legal protection shall be granted to all children below the age of eighteen years
unless they attain majority earlier.

The state shall be responsible for the protection of children from physical or mental
violence, for the protection of their healthy development in physical, mental and moral terms
and the protection of other aspects of integrity of a child as a holder of rights guaranteed by
the Constitution and the Charter and rights ensuing from international commitments of the
Czech Republic. However, the state shall neither substitute for discharge of parental
obligations and responsibilities not intrude into the position of parents as holders of parental
responsibilities, unless the child’s rights or development are at risk.

The bodies having general jurisdiction in the sphere of child’s protection are courts
and entities specified by the SLP Act, i.e. the Ministry of Labour and Social Affairs, regional
and municipal authorities and in the sphere of foreign affairs the Office for International
Legal Protection of Children, seated in Brno. Tasks in the field of social and legal protection
of children are also accomplished by regions and municipalities with separate powers and
natural and legal persons, if authorized to exercise of social and legal protection.

The leading rule for activities of the authorities providing for social and legal
protection consists in the principle of preventive influence on family relations, if the latter are
affected in an extent allowing for a public authority intervention. Social and legal protection
measures are hierarchically arranged in an interlinked set enabling selection of tools
according to the particular situation of the child and the relevant risk intensity.

Emphasis is also given to the protection of children from social pathological

phenomena (i.e. prevention of risky development of children and minimization of impacts of
social pathogenic factors).

Children temporarily or permanently deprived of their family environment or children, who

cannot be left in such environment, are entitled to a special protection and assistance granted
by the state in one of alternative care forms.

Upon selecting the relevant solution the desirable continuity of the child’s upbringing and the
child’s ethnical, religious, cultural and language origins must be duly taken into account.

In case of inter-country adoption the principle of subsidiarity must be respected, i.e. the inter-
country adoption may be considered as an alternative means of a child's care, if the child
cannot be placed in a foster or adoptive family or cannot in any suitable manner be cared for
in the child's country of origin. For this situation international conventions and the SLP Act
formulate a comprehensive set of rules for inter-country contacts in matters related to social
and legal protection of children.

Authorities charged with social and legal protection of children are obliged to monitor
the course of institutional or protective care, without intruding into the management and
operation of the institutional or protective care facility; the monitoring aims to ensure respect
for the children’s rights, development of the children’s mental and physical abilities and to
ascertain whether the reasons for the child’s stay in the facility continue and how the relations
between the parents and the children are developing.

Aims of the social and legal protection of children also include recovery of disrupted family
functions.

Natural and legal persons may voluntarily participate in exercise of the social and
legal protection of children within the statutory limits, provided that these persons must
acquire an authorization for such activities. However, specific tasks constituting a major
interference with the position of the child or persons responsible for the child are reserved
solely to state agencies or public administration authorities with delegated powers.

Laws which bind the protection of the child in India

Protection under The Code of Civil Procedure, 1908
The code of civil procedure, 1908, to some extent, intends to protect the children.
Accordingly order 32 has been provided to protect the interest of the minors and ensure that
they are to be represented in suits or proceedings by persons who are qualified to act as
such. Anything prejudicial to the interest of a minor is not permitted under law and any
decree parsed against a minor without appointment of a guardian is a nullity and is void. In
this regard, the code has prescribed sixteen rules.
Protection under the Code of Criminal Procedure, 1973
The code of criminal procedure, 1973 has also some relevant provisions for the
children. These are jurisdiction in the case of Juveniles, restoration of abducted females
(including a female child below 18 years of age), maintenance of children release on
probation of good conduct, and special reasons to be recorded in certain casesetc.
Protection under Indian Penal Code, 1860
Kidnapping from Lawful Guardianship

Section 361 of the Penal Code provides that "whoever takes or entices any minor
under ‘sixteen'years of age life male, or under ‘eighteen'years of age, if a female, or any
person of unsound mind, out of the keeping of the lawful guardian of such minor or person
of unsound mind, without the consent of such guardian, is said to kidnap such minor or
person from lawful guardianship." However, any person-who takes in good faith, believes
himself to be the father of an illegitimate child, or who in good faith believes himself to be
entitled to lawful custody of such child, but not for an immoral or unlawful purpose, is not
kidnapping. Regarding punishment for kidnapping, it is provided that, “whoever kidnaps
any person from India or from lawful guardianship, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to
fine. The offence is cognizable, bailable, non- compoundable and triable by a Magistrate of
First Class.
Kidnapping, Abducting or Inducing woman to compel her Marriage etc.

"Whoever kidnaps or abducts any Woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry any person
against her will, or in order that she may be forced or Seduced to illicit intercourse, or
knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be
punished with imprisonment of either description tor a term which may extend to ten
years, and shall also be liable to fine.” and Whoever by means of criminal intimidation
or of abuse of authority or any other method of compulsion, induces any woman to go
from any place with intent that she may be, or knowing that it is likely that she will be,
forced or seduced to illicit intercourse with another person shall also be punishable with
imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine."

Procuration of Minor Girl

“Whoever, by any means whatsoever induces any minor girl under the age of
eighteen years to go from any place or to do any act with intent that such girl may be, or
knowing that it is likely that she will be, forced or seduced to illicit intercourse with
another person shall be punishable with imprisonment which may extend to ten years, and
shall also be liable to fine.”
Importation of Girl from Foreign Country
"Whoever imports into India from any Country outside India 'or from the State of
Jammu and Kashmir' any girl under the age of twenty-one years with intent that she may be,
or knowing it to be likely that she will be, forced or seduced to illicit intercourse with
another person, shall be punishable with imprisonment which may extend to ten years and
shall also be liable to fine.”
Selling or Buying Minor for Purpose of Prostitution etc.
Whoever sells, lets to hire, or otherwise disposes; or buys, hires or otherwise obtains
possession; of any person under the age of eighteen years with intent that such person shall
at any age be employed or used for the purpose of prostitution or illicit intercourse with any
person or for any unlawful and immoral purpose or knowing it to be likely that such person
will at any age be employed or used for any such purpose, shall be punished with
imprisonment of either description for a term which may extend to ten years/ and shall also
be liable to tine. Section 373 of the Indian Penal Code is a counterpart of Section 372. These
two sections deal with trafficking in minor girls under the age of eighteen years. The
offence under Section 372 consists in the intentional or conscious exposure of a minor to the
danger of degradation. The offence is cognizable, bailabe, and triable by the Court of
Sessions.
Child Labour
The relevant provisions under which a case can be registered against a person
committing crime against child:
a) Buying or disposing of any person as a slave (S. 370)
b) Habitual dealing in slaves (S.371)
c) Unlawful compulsory labour (S.374)

The Indian Penal Code in these provisions deals with the combating of child labour. It
provides whoever import, removes, buys, sells or dispose of any person as a slave or
him/her against his will shall be punished with 7 years imprisonment (Section 370).
And if all these are done by a person of habitual nature then a term of 10 years is provided
in the penal code (Section 371). And if any one unlawfully compels any person to labour
against the will of that person, shall be punished with one year imprisonment. (Section 374).
Child Abuse
The Indian Penal Code does not recognize Child Sexual Abuse as an offence. It is
through the application of certain other provisions in the Indian Penal Code that a child
sexual offender is criminalised. These are:-
a) Rape (Sec. 375): Sec. 375 of IPC defines the offence of rape as “sexual
intercourse committed by a man on a woman against her will or without her
consent. The section goes on to provide certain other circumstances where
the standard of will or consent does not apply. Among these, intercourse with a
girl under 16 years of age, even with her consent, is rape. The section provides
an explanation that “penetration is sufficient to constitute the sexual intercourse
necessary to the offence of rape”. Thus only Child Sexual Abuse (CSA) of girl-
children where peno-vaginal penetration has taken place falls within the ambit
of this section. Most often CSA does not take this form. Penetration of the
vagina with any other object, even if life-threatening, does not amount to rape.
b) Assault or Criminal force to woman with intent to outrage his modesty (Sec.
354): In cases of CSA concerning girl-children, where penetration of the vagina
has not taken place, section 354 comes into operation. This section punishes the
offence of assault or use of criminal force to outrage the modestly of a woman.
And ‘modesty’ of a woman remains ambiguous. Especially in the case of CSA,
it becomes even more confusing because the ‘victim’ is a child and whether as
a child she can be said to possess modestly is a point of argument in court.
c) Unnatural Offences (Sec. 377): The last provision of I.P.C., Section 377, is
purportedly meant to be applied in cases of CSA, where penetration is not
peno-vaginal in nature - defined as ‘unnatural offence’ by the law. The
unnatural offence consists in a carnal intercourse against the order of nature by
a man with a man or in the same unnatural manner with woman or with beast.
This section is gender-neutral. While it addresses the sexual abuse of boys,
when the abuse does not include penetration it escapes the ambit of the section.
This means that there is no provision in the IPC to criminalise molestation of
boys.
Female Foeticide and Infanticide
Abortion was first penalized under the Indian Penal Code 1860, which makes the
causing of a miscarriage (if it is not done in good faith to save the life of a women) is an
offence punishable with imprisonment upto seven years. The code makes both the women
who undergo the abortion (voluntarily) as well as the abortionist liable to punishment. In
case, it is carried out without the consent of the women then punishment of 10 years is
prescribed in the Act and if it is carried out without the consent of the women the person
carrying out such an abortion is punishable for life imprisonment and if death of women is
caused by the act then the offence will be punishable with imprisonment upto 10 years and
with fine too.
The most important provision regarding foeticide is the recognition of the foetus as ‘quick:’
if a foetus is killed after it becomes “quick”, it is punishable with 10 years
imprisonment.
Further, doing of any act with intent to prevent the child from being born alive is punishable
with 10 years imprisonment. Section 316 of Indian Penal Code deals with the cases in
which by doing any act death of a woman is caused thereby causing the death of a ‘quick’
unborn child will be punishable with 10 years imprisonment.

Furthermore, exposing and abandoning the child below 12 years of age, is punishable with
seven years of imprisonment. And concealing the birth of a child by secretly disposing
her/his body is punishable with 2 years imprisonment under section 318 of I.P.C.
Child Pornography
Section 292 & 293 of Indian Penal Code (IPC) deals with this crime, according to
section 292 deals with sale, etc of obscene books and the punishment prescribed in this
section for the offence on first conviction with imprisonment of either description for a term
which may extend to two years, and with fine which may extend to two thousand rupees,
and for subsequent conviction, with imprisonment of either description for a term which
may extend to five years and also with fine which may extend to five thousand rupees.
Section 293 specifies in clear term, the law against sale, etc. of obscene objects to minors.
The section prescribes punishment of imprisonment upto 3 years and with fine of two
thousand rupees on first conviction or a subsequent conviction, imprisonment which may
extend to seven years with fine of 5,000 rupees.
Protection under Labour Legislation in India
There are various central and state statutes concerning children enacted with an
intention to protect and help children and achieve the goal of child labour welfare enshrined
in our National Charter. The Constitution makers were conscious of the need for special
care for children and, therefore, provisions to the welfare of children dealing specially with
the protection of child labour have been envisaged in our National Charter. Accordingly,
our National Policy resolution for children, 1974, lays special stress on the responsibility of
the nation for physical, mental, moral and special development of children, all these calls
for great deal of legislative activity. Thus laws directly pertain to the children are mostly
found under labour legislations.

Though some legislative measures in India were enacted during the pre independence
era, but they were found limited in their scope and British had a great apathy towards the
welfare of the people including children. After independence the State took its responsibility
in the matter of welfare of the children as the future well being of the nation depends as to
how they should grow and develop. This responsibility of the State is reflected in some of
the Constitutional provisions, central laws and in number of enactments dealing with labour
legislations passed with object of securing well-being of the children. The labour legislation
has been divided into pre independence and post-independence.
A. Pre-Independence Labour Legislation
a) The Apprentices Act, 1850
b) The Reformatory School Act, 1986
c) The Factories Act, 1881
d) The Madras Children Act, 1920
e) The Bengal Children's Act, 1922
f) The Bombay Children's Act, 1924
g) The Child Marriage Restraint Act, 1929
h) The Children (Pledging of Labour) Act, 1933
i) The Employment of Children Act, 1938
B. Post- Independence Labour Legislation
a) The Factory Act, 1948
b) The Minimum Wages Act, 1948
c) The Plantation Labour Act, 1951
d) The Mines Act, 1952
e) The Merchant Shipping Act, 1958
f) The Motor Transport Workers Act, 1961
g) The Apprentices Act, 1961
h) The Atomic Energy Act, 1962
i) The Beedi & Cigar Works (Conditions of Employment) Act, 1966
j) The Contract Labour Act, 1970
k) The Child Labour (Regulation & Prohibition) Act; 1986.
l) The Child and Adolescent Labour (Regulation & Prohibition) Amendment
Act, 2016
For the welfare of the children, to protect them from the present exploitative set
 up, to eradicate child labour from the society, In India numbers of legislative
enactments are there besides the constitutional safeguards. The first protective
legislation for child labour in India was enacted in 1881 in the form of Indian factory
Act which had the provisions prohibiting employment of children below the age of 7
years, limiting the working hours for children to 9 hours a day and providing holidays
in a month and rest hours. This was actually made by the ruling British Government to
decrease the production in Indian Industries through some legal restrictions. These are
some Legislation on Child Labour in India.
The Children (Pledging of Labour) Act, 1933
It is considered to be the first statute dealing with the problem of child labour in
India. This Act prohibits the child labour and says that any agreement made contrary to the
provisions of the Act (i.e. any agreement to pledge the labour of a child) shall be void.
The Act also provides that if the parent or guardian knowingly pledges the labour of
his Child, shall be punished with a fine which may extend to rupees fifty. On the other hand,
if any person who enters into an agreement with the parent or guardian of a child whereby
such parent or guardian pledges the labour of the child and if any person, knowing or
having reason to believe that an agreement pledging the child has being made, employs the
child in furtherance of such agreement shall be liable to be punished with a fine extending
up to rupees two hundred.

The Employment of Children Act 1938

This Act was passed to implement the Convention adopted by the twenty- third session
of ILO (1937) which inserted a special article on India: “Children under the age of fifteen
years shall not be employed or work in the transport of passengers, or goods, or mails, by
rail, or in handling of goods at docks, quays, or wharves, but excluding transport by
hand. Children under the age of fifteen years shall not be employed or work ... in
occupations to which this Article applies which are scheduled as dangerous or unhealthy by
the competent authority.” This Act:-
a) Prohibited employment of children under fifteen years in occupations
connected with transportation of goods, passengers, and mails, or in the
railways;
b) Raised the minimum age of handling goods on docks from twelve to fourteen
years;
c) Provided for the requirement of a certificate of age.
Employment of Children (Amendment) Act 1949
This Act raised the minimum age to fourteen years for employment in establishments
governed by the Act.
Employment of Children (Amendment) Act 1951
As a result of the ILO Convention relating to night work of young person’s this act
prohibited the employment of children between fifteen and seventeen years at night in the
railways and ports and also provided for requirement of maintaining a register for children
under seventeen years.
The Factories Act, 1948
This Act prohibits the employment of young children and categorically speaks that,
"no child who has not completed his fourteenth year of age shall be required or allowed to
work in any factory." Further, Section 71 says that, no child shall be employed or
permitted to work in any factory for more than four and a half hours in any day and during
night". This Act provides penalty with imprisonment maximum for two months or with fine
up to one thousand rupees or with both for using false certificate of fitness granted to
him under Section 70.

Further, a fine, which may extend to one thousand rupees, may also be imposed on parent
or guardian for permitting double employment of a child.
Plantations Labour Act, 1951
According to this Act, "no child who has not completed his twelfth year shall be
required or allowed to work in any plantation". Further prohibits the employment of
children during night hours, except with the permission of the Government. Again "no child
and no adolescent shall also be required or allowed to work in any plantation unless a
certificate of fitness granted while their reference to him is in the custody of the employer;
and such child or adolescent carries with him while he is at work a token giving a reference
to such certificate." A person who uses false fitness certificate or who allows such
certificate shall be punishable with imprisonment for maximum one month or fine up to
fifty rupees.
Merchant Shipping Act, 1951
This Act provides that, "no person under fifteen years of age shall be engaged or
carried to sea to work in any capacity in any ship, except-
a) in a school ship, or training ship, in accordance with the prescribed
conditions; or
 b) in a ship in which all persons employed are members of one family; or
c) in a ho me trade-ship of less than two hundred tons gross; or
d) where such person is to be employed on nominal wages and will be in the
charge of his father or other adult near male relative.

And, if any person will contravene the above provision, shall be liable for fine and 'any
person' include both the master and the parent or guardian of the young person.

Mines Act, 1952

This Act prohibited the employment of children less than fifteen years of age in mines.
The Act stipulates two conditions for underground work:
a) Requirement to have completed sixteen years of age; and
b) Requirement to obtain a certificate of physical fitness from a surgeon.
According to Section 45 of this Act,
(i) “No child shall be employed in any mine, nor shall any child be allowed to be
present in any part of a mine which is below ground or in any open cast
working in which any mining operation is being carried on.
(ii) After such date as the Central Government may, by notification in the Official
Gazette, appoint in this behalf, no child shall be allowed to be present in any
part of a mine above ground where any operation connected with or incidental
to any mining operation is being carried on.”

A number of penal provisions are also provided under the Mines Act, 1952, this Act
imposes punishment on any person who knowingly allows to use or attempts to use a false
fitness certificate granted to him under Section 4, with imprisonment not exceeding one
month or with fine not exceeding two hundred rupees, or with both. Further, if a person
below eighteen years of age is employed in a mine in contravention of Section 40, the
person contravening the provision shall be punishable with fine which may extend to five
hundred rupees.
The Factories (Amendment) Act 1954
This included prohibition of employment of persons less than seventeen years at night.
(‘Night’ was defined as a period of twelve consecutive hours which included hours between
10 p.m. and 7 a.m.).
The Merchant Shipping Act 1958
This prohibits children under fifteen to be engaged to work in any capacity in any ship,
except in certain specified cases.
Motor Transport Workers Act, 1961
According to provision of this Act says that, "no child shall be required or allowed
to work in any Capacity in any motor transport undertaking." Further, the provision of this
Act debars the adolescent to work as a motor transport worker in any motor transport
undertaking without a certificate of fitness and the said certificate is to remain with the
employer or such adolescent has to carry the certificate with him while he is at work. A
person who uses false fitness certificate or who allows such certificate shall be punishable
with imprisonment not exceeding one month or with fine not exceeding fifty rupees or with
both.
The Apprentices Act, 1961
The Apprentices Act, 1961 clearly provides that, "a person shall not be qualified for being
engaged as an apprentice to undergo apprenticeship training in any designated trade, unless
he-
a) is not less than fourteen years of age; and
b) satisfies such standards of education and physical fitness as may be prescribed;
Provided that, different standards may be prescribed in relation to apprenticeship training in
different designated trades, for different categories of apprentices.
The Act provides punishment, with imprisonment for a term which may extend to Six
months or with fine or with both on an employer, if he employs a disqualified person as an
apprentice or fails to carry out the terms and conditions of a contract of apprenticeship etc.
Beedi and Cigar Workers (Condition of Employment) Act, 1966
This Act totally prohibits the employment of children which says that, "no child
shall be required or allowed to work in any industrial premises.” Further Prescribes that,
if any offence is charged against a person that he has employed a person less than the
prescribed age, burden lies on the accused to prove that such person is not under such age,
otherwise the accused is punishable under the provisions of the Act. In such a case, only the
declaration in writing of an authorised medical officer is admissible as evidence of the age
of that employee.
Employment of Children (Amendment) Act 1978
This Act prohibited employment of a child below fifteen years in occupations
in railway premises such as cinder picking or clearing of ash pit or building operations, in
catering establishments and in any other work which is carried on in close proximity to or
between the railway lines.
Shops and Commercial Establishment Acts
In India, each State has its own Shops and Commercial Establishment Act which
mainly applies to shops, commercial establishments, hotels and restaurants and places of
amusement area and notified urban areas, to which Factories Act does not apply. Provisions
prohibiting the employment of children can also be seen in these Acts. The concerned Slate
Governments are empowered enough to extend the coverage of the Act to any
establishment.
The Child Labour (Prohibition and Regulation) Act, 1986
The Employment of Children Act 1938, which was the first enactment on child
labour, was repealed by the Child Labour (Prohibition and Regulation) Act 1986 which
came into force on 23rd December 1986, is indeed the bold step to prohibit the child labour.
This Act is an outcome of various recommendations made by various committees there was
a national consensus in favour of comprehensive legislation, to prohibit the engagement of
children in certain other employment. Therefore the parliament enacted the aforesaid Act.
This Act main aims is to prohibiting the engagement of children in certain
employments and to regulate the working conditions children in certain other
employments. A child, according to this Act, is a person who has not completed his
fourteenth year of age.

The Act of 1986 prohibits employment of children in certain occupations and

processes, and proceeds to provide for setting up of advisory committee by the Central
Government to be known as 'Child Labour Technical Advisory Committee for the purpose
of addition of Occupations and processes to the schedule. Further, the Act clearly provides
that, no child should be allowed to work for more than six hours a day and he will neither be
allowed to work in the night hours i.e. between 7pm to 8am nor be permitted to work
overtime. He will also not be entitled to a holiday of one whole day in each week.
Further the Act provides, the occupier of an establishment has to report the inspector
particulars, if he employs of permits to work, any child after the commencement of this Act.
Further, every occupier in respect of the children employed or permitted to work in any
establishment, should maintain a register which will be available to the Inspectors for
inspection showing certain particulars/information. This Act also provide for the health and
safety of children employed or permitted to work in any establishment or class of
establishment, the Act also calls upon the Government to make rules. According to the
provisions of the Act employs any child or permits any child to work will be punishable
with imprisonment ranging from three months to one year or with fine ranging from ten
thousand rupees to twenty thousand rupees or with both."

The Child Labour (Prohibition and Regulation) Amendment Act, 2016

Parliament has passed this act in July, 2016. This Act amends the old Child Labour
(P&R) Act, 1986 by widening its scope against Child Labour and Provides for stricter
punishments for violation. The Act has completely banned the employment of children
below 14 in all occupations and enterprise, except those run by his or her own family,
provided that education of her own family, provided that education does not hampered. The
act added the new category of persons called ‘Adolescent’ i.e. children between 14 to years
as adolescents and bans their employment in any hazardous occupations. Employing
children below 14 years will term a jail between 6 months to 2 years or penalty between
20,000 to 50,000 rupees.
The Juvenile Justice
The Juvenile Justice Act 1986 (JJ Act 1986)

JJ Act 1986 was enacted to provide for the care, protection, treatment, development,
and rehabilitation of neglected or delinquent children of India. The Act did not directly
deal with child sexual abuse but the definition of a neglected juvenile included a juvenile
who lived in a brothel or with a prostitute or frequently went to any place used for the
purpose of prostitution or was found to associate with any prostitute or who was being or
was likely to be abused or exploited for immoral or illegal purposes. Such neglected
children were produced before a Juvenile Welfare Board who would, after an inquiry, send
the child to a juvenile home for care, protection, and rehabilitation.
Under the Juvenile Justice act 1986, a prostitute’s child was automatically a
neglected child. The magistrate had the power to segregate the prostitute from her child and
place the child in a corrective institution. Besides, under the Act, while males above
eighteen years were considered adults, the age was reduced to sixteen years for females.
The Juvenile Welfare Boards generally were not equipped to deal with cases of child sexual
abuse. The observation homes could not provide special care and treatment for such
victimized children.
Juvenile Justice (Care and Protection of Children) Act 2000
Since the Juvenile Justice Act 1986 has been replaced by the Juvenile Justice (Care
and Protection of Children) Act 2000, such children are now being produced before the
Child Welfare Committees which have replaced the Juvenile Welfare Boards. In
practice, at present, it appears that there has been a change only in the nomenclatures. The
actual functioning of the earlier Boards and the present Committees remain almost the
same. An abused child is regarded as a child in need of care and protection.
This Act is a comprehensive legislation that 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 enactment.
The Juvenile Justice (Care and Protection) of children Act of 2015:
The JJ Act, 2015 replaced the aforementioned JJ Act, 2000 and came into force on 15
January 2016. Children in need of care and protection include those children who have been
or are being or are likely to be abused, tortured or exploited for the purpose of sexual abuse
or illegal acts. Such children have to be produced before the Child Welfare Committee. The
Juvenile Justice (Care and Protection of Children) Act 2015 also has certain provisions for
punishment for offenses against children:
a) Cruelty to child
b) Child for begging
c) Going intoxicated liquor or narcotic drug or psychotropic substance to a
child.
d) Using a child for vending, peddling, carrying, supplying or smuggling any
intoxicating liquor, narcotic drug or psychotropic substance
e) Exploitation of a child employee
f) Sale and procurement of children for any purpose
g) Any person in-charge of or employed in a child care institution, who subjects a
child to corporal punishment with the aim of disciplining the child.
h) Use of child by militant groups.
Protection of Children from Sexual Offence Act, 2012
A child as any person below the age of 18 years and provides protection to all children
under the age of 18 years from the offences of sexual assault, sexual harassment and
pornography. The Protection of Children from Sexual Offences (POCSO) Act, 2012 was
formulated to effectively address the heinous crimes of sexual abuse and sexual exploitation
of children. Child sexual abuse is comprehensive and encompass the following:
a) Penetrative sexual assault
b) Aggregated penetrative sexual assault
 c) Sexual Assault
d) Aggravated Sexual Assault
e) Sexual Harassment
f) Using child for pornographic purpose, and
g) Trafficking of children for sexual purposes.
Child sexual abuse is a multidimensional problem having legal effects. In the more
heinous offences of penetrative sexual assault, aggravated and penetrative sexual assault,
sexual assault and aggravated sexual assault, the burden of proof is shifted on the accused.
The POCSO Act, incorporates child friendly mechanisms for reporting, recording of
evidence, investigation and speedy trial of offences, trial in camera and without revealing
the identity of the child through designated special courts. It also provides for the Special
Court to determine the amount of compensation to be paid to a child who has been
sexually abused, so that this money can then be used for the child's medical treatment and
rehabilitation.
The Immoral Traffic (Prevention) Act, 1956
The Immoral Traffic Prevention Act, 1956, widens the scope of the law to cover
both the sexes exploited sexually for commercial purposes and to provide enhanced
penalties for offences involving children and minors.

The Young Persons (Harmful Publications) Act, 1956

In this Act, young person means a person under the age of twenty years. It is an
offence to sell, let, hire, distribute, or publicly exhibit harmful publications.
The Young Persons (Harmful Publications) Act, 1956 is intended to prevent the
dissemination of certain publications harmful to young persons. 'Harmful Publication,
according to section 2(a) of the Act means "any book" magazine, pamphlet, leaflet,
newspaper, or other like publications which consists of stories told with or without the aid
of pictures or wholly in pictures being stories portraying wholly or mainly the commission
of offences; or acts of violence or cruelty; or incident of a repulsive or horrible nature in
such a way that the publication as a whole wound tend to corrupt a young person in to
whose hands it might fall, whether by inciting or encouraging him to commit offences or
acts of violence or cruelty or in any other manner whatsoever." The Act also provides for
punishment for sale etc. of any harmful publications.
Information Technology Act, 2008
Section 67B of the Information Technology (Amendment) Act, 2008 provides
punishment for publishing of material depicting children in sexually explicit act, etc. in
electronic form. Whoever,
a) Publishes or transmits material in any electronic form which depicts children
engaged in sexually explicit act or
b) Creates text or digital images, collects, downloads, exchanges or distributes
material in any electronic form depicting children in obscene or sexually
explicit manner or
c) Cultivates or induces children to online relationship with one or more children
for and on sexually explicit act or in a manner that may offend a reasonable
adult on the computer resource or
d) Facilitates abusing children online or
e) Records in any electronic form own abuse or that of others pertaining to
sexually explicit act with children.

Section 67 of the IT Act deals with "publishing obscene information in electronic

form". This law has been interpreted to criminalize the posting of pornographic content
online. However, accessing "obscene" content privately is not illegal. Section 67B was
inserted which criminalized browsing, downloading, creation and publishing child
pornography. Child anime porn is also explicitly criminalized. Section 67B of the IT Act
also deals with publishing or transmitting or causing to be published or transmitted material
in any electronic form that depicts children engaged in sexually explicit act or conduct or
creates text or digital images, collects, seeks, browses, downloads, advertises, promotes,
exchanges or distributes material in any electronic form.
Code of Medical Ethics
This code Constituted by the Indian Parliament in the Medical Council Act, 1956,
the relevant section of the code of Medical Ethics states : “on no account, sex determination
test shall be undertaken with the intent to terminate the life of a female foetus developing in
her mother’s womb, unless there are other absolute indicators for termination of pregnancy
as specified in the Medical Termination of Pregnancy Act, 1971.
Any act of termination of pregnancy of normal female foetus, amounting to female
foeticide, shall be regarded as professional misconduct on the part of the physician leading
to penal punishment besides rendering him liable to criminal proceedings as per the
provisions of this Act.
Medical Termination of Pregnancy Act, 1971 (MTPA)
Amniocentesis test was first started in India in 1974 as a part of sample survey
conducted at the All India Institute of Medical Sciences (AIIMS), New Delhi, to detect
foetal abnormalities. These tests were later stopped by the Indian Council of Medical
Research (ICMR), but their value had leaked out by then and 1979 saw the first sex
determination clinic opening in Amritsar, Punjab.The amniocentesis test was claimed to be
used for detection of foetal abnormalities, which were permitted by the MTPA. According
to the MTPA, if any abnormality is detected between 12 to 18 weeks of gestational period in
the foetus, an abortion can be legally carried out upto 20 weeks of pregnancy.

In the absence of any law, all that the government could do was to issue circulars prior
to 1985, banning the misuse of medical technology for sex determination in all government
institutions. In 1986, the Forum against Sex Determination and Sex Pre-selection
(FASDSP), a social action group in Mumbai, initiated a campaign. Succumbing to public
pressure, the Maharashtra government enacted the Maharashtra Regulation of Pre-natal
Diagnostic Techniques Act 1988, the first anti sex determination drive in the country. This
was followed by a similar Act being introduced in Punjab in May 1994. Both these Acts
were however repealed by the enactment of a central legislation, i.e the Pre-Natal
Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
(PNDT)
In 1994, the centre passed this Act but it was only in the year of 1996 that it came into
operation. Under the Act, pre-natal diagnostic scans are permitted solely to detect genetic
abnormalities. The Act forbids sex determination tests. It also prohibits any advertisements
relating pre-natal determination of sex and prescribes punishment for its contravention. The
person who contravenes the provisions of this Act is punishable with imprisonment upto 5
years and fine upto 50,000/-
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act (PCPNDT) of 2003
The reason of few convictions under the old Act of PNDT, 1994 and the grave misuse
of scientific technology by richer like “sperm - washing” compelled for the amendment
in the Act. This new Act is designed to strengthen the provisions of the previous Act.
Bringing into the ambit of the Act emerging techniques for pre-conception sex-selection,
such as sperm separation and pre-implantation genetic diagnosis increasing the fine and
additional provisions for the suspension and cancellation of the registration of violators, the
law targets the medical profession the so-called ‘supply’ side of the practice of sex-
selection. Manufacturer of ultrasound

Child Marriage
Child Marriage Restraint Act, 1929

The child marriage restraint act 1929 was passed. The Act is popularly known as
Sharda Act, on the name of the person who was responsible for this reform. It was amended
in 1978, which raised the minimum age of marriage to 18 for girls and 21 for boys. This has
indeed been very progressive since earlier the minimum age of marriage for girls and boys
were 14 and 18 respectively. This was subsequently amended in 1949 to raise the age to 15
for girls while no change was effected in case of boys. Under this Act, Several persons can
be punished for allowing, contracting, performing or being involved in a child marriage.
They are like:
a) A male who contracts child marriage if he is over 18 years but below 21 years
of age shall be punished with simple imprisonment which may extend upto 15
days or with fine which may extend upto Rs. 1000 or both.
b) A male who contracts child marriage if he is over 21 years of age shall be
punished with imprisonment which may extend upto 3 months and with fine.
c) ‘A person who perform or conducts the child marriage, unless he can prove he
had no reason to believe it was a child marriage, shall be punished with
imprisonment which may extend upto 3 months and with fine.
d) The parents of guardian of the child who permits, negligently fails, or does any
act to, promotes such child marriage can be punished.
Although, this Act has been now repealed by the new Prohibition of Child
Marriage Act, 2006.
Age of Marriage under Various Personal Laws
The personal laws in India are based on religion. Marriages among the Hindus are
regulated by the provisions of the Hindu Marriage Act 1955. A valid marriage between
two Hindus can take place where the bridegroom has completed the 21 years of age and the
bride has completed eighteen years of age, apart from other conditions like not having a
living spouse, not being of unsound mind, etc. Thus, neither party to a marriage amongst
Hindus can any longer be of a child’s age, that is, of less than eighteen years of age which is
the age of majority. Any marriage made in contravention of the age limits has not been
declared to be void or voidable under other provisions of the Act, but such marriages have
been made punishable with simple imprisonment up to fifteen days and fine up to one
thousand rupees or with both. Both the bride and bridegroom are punishable if they marry
before their eligible age. Since marriage can be solemnized only between two major
persons, there is no question of obtaining consent of the guardian of the persons for the
purpose of marriage under the Act. But if the marriage of a girl has been solemnized before
she attained the age of fifteen years, she can repudiate the marriage after attaining fifteen
years but before attaining the age of eighteen years whether or not the marriage has been
consummated. She can also seek divorce thereafter from her husband through the court.
In Muslim law, it is essential that parties at the time of marriage should have attained
puberty, which is a biological fact to be ascertained by evidence. Puberty is generally taken
to come at the age of fifteen years. According to the Hanafi School of Law, the earliest
stage of puberty is twelve years for boys and nine years for girls. The marriage of a person
below the age of puberty is to be solemnized by a guardian and such marriage is not void. A
marriage arranged by the father or parental grandfather binds the minor. The minor cannot
annul such marriage on attaining puberty if the guardian had acted in the interest of the
minor. If a guardian other than the father or grandfather arranges the marriage, the minor
can exercise the ‘option of puberty’ and repudiate the marriage within a reasonable time if it
is not consummated.

The Christian Marriage Act 1872

A minor has been defined as a person who has not completed the age of twenty-one
years and who is not a widower or widow. A minor under the Act can marry with the
consent of the father and, if he is dead, with the consent of the guardian, and if there is not
guardian, with the consent of the mother.
The Parsi Marriage and Divorce Act 1936:
A valid marriage amongst Parsis can take place between a boy who has completed
the age of twenty-one years and a girl who has completed the age of eighteen years. Since
only major persons can marry under the Parsi law, there cannot be any child marriage
amongst Parsis.
The Special Marriage Act 1954:
The age of marriage under this Act is twenty-one years for males and eighteen years
for females. Any marriage solemnized in contravention of the age requirement will be null
and void and can be nullified by the court.
The Prohibition of Child Marriage Act (PCMA) 2006
The Child Marriage (Restraint) Act, 1929 with some modification was replaced by this
Act. The new Prohibition of Child Marriage Act, 2006 (PCMA) brings about far reaching
changes in the law as under:
a) Section 3 of this Act states that “Every child marriage shall be voidable at
the option of contracting party who was a child at the time of marriage. It
allows for a petition to be filed declaring the marriage void within 2 years of
the child attaining majority.
b) The Act also allows for the maintenance and residence for the girl till her
remarriage from the male contracting party or his parents.
c) The Act further allows for appropriate orders for custody for any child born
from marriage.
d) Enhancement in punishments for male adults marrying a child and persons
performing, abetting, promoting, attending etc. a child marriage with
imprisonment upto 2 years of with fine upto 1 lakh rupee or both.

e) The same punishment is also prescribed for anyone who solemnizes a child
marriage including by promoting such a marriage, permitting it to be
solemnized or negligently failing to prevent the marriage. No woman can
however be punished with imprisonment. The Act also makes all offences
cognizable and non-bailable.
f) Notwithstanding that a child marriage has been annulled, every child of such
marriage shall be deemed to be a legitimate child for all purpose.
g) States to appoint child marriage prohibition officers, whose duties include
prevention of solemnization of child marriages, collection of evidence for
effective prosecution, creating awareness and sensitization of community etc.
The Right of Children to Free and Compulsory Education Act, 2009
The Right of Children to Free and Compulsory Education Act, 2009 defines ‘Child’
as a male or female child of the age of six to fourteen years. Elementary education means
the education from first class to eighth class ‘Capitation fee’ means any kind of donation or
contribution or payment other than the fee notified by the school. According to this law a
child belonging to disadvantaged group means a child belonging to the scheduled caste, the
scheduled tribe, the socially and educationally backward class or such other group having
disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such
other factor, as may be specified by the appropriate Government, by notification and child
belonging to weaker section means a child belonging to such parent or guardian whose
annual income is lower than the minimum limit specified by the appropriate Government,
by notification.

Landmark decision on the rights of children

Children by definition are unable to petition the court themselves, they have to rely
on the parents patria role of the state. The needs of the children were responded by the court
through public interest litigation, in the conditions where some improvement is significant
like in institutions, prisons, illegal confinements, treatment of mentally retarded children and
handicapped children, child labour, child marriage, adoption, juvenile justice, prevention
trafficking of young girls, the welfare of children of the prostitutes, prohibition of corporal
punishment in schools and sex-selection. There has been a decision made by the court on
almost all the matters which is related to a child. The court has seen the matters through the
lens that all the decisions made were concerned and made for the children all over the
country.
M.C Mehta v. State of Tamil Nadu
The judgment passed states the direction to prohibit child labour in hazardous conditions; the
petitioner was concerned about the high rate of child labour in hazardous conditions in the
Match factories of Savakis in Kamraj district of Tamil Nadu. The judgment gave out the
visions of the constitution and also linked between child labours with poverty, the judgment
also stated that there has been no proper eradication of child labour by the state,
Sanjay Suri v. Delhi administration
The court laid down orders to transfer some guilty officers and laid down the rules to protect
children in jails. Juvenile undertrials were the subject of Sanjay Suri’s petition. Many
children were sent to jail despite the prohibition in the children’s Act. The Juvenile were kept
together with habitual and other adults where they were brutalized and made to do
undesirable tasks,
Gaurav Jain v. Union of India
The Supreme Court held that segregating the children of prostitutes would not be in their
interest. The Supreme Court held that the children of the prostitute have the right to equality
of opportunity, dignity, care and protection and rehabitalised so as to be a part of the
mainstream of social life without any pre-stigma attached on them.
Vishal Jeet v. Union of India
Several directions were issued to end the sexual exploitation of children. The court issued
directions to the state government to set up rehabilitation homes for the children found
begging in the streets and also minor girls pushed into ‘flesh trade’ to protective homes.

Sheela Barse v. the Secretary Children’s Aid Society & Ors

The petition was filed in public interest with regard to improper functioning of childcare
institution in Mumbai, The Supreme Court directed that in no case should a child kept in jail
and a central law must be enacted to bring uniformity in the juvenile justice system.
Kishan Pattnayak v. State of Orissa
Poor people were forced to sell children to buy food. The Orissa government was compelled
to take several welfare actions. The petitioner wrote a letter to the Supreme court of India
bringing to the court’s notice the extreme poverty of the Kalahandi in Orissa where hundreds
of people were dying due to starvation as a result they were forced to sell their children. This
case has taken the issue of the lack of food and poverty. In this judgment, the Supreme Court
took significant steps in implementing irrigation projects in order to reduce drought and
certain measures were taken in order to ensure fair selling prices.
Sarita Sharma v, Sushil Sharma
The court held that in the issue relating to custody of children, paramount consideration
should be given to the welfare of the children.
Unnikrishnan J.P &Ors v. State of Andhra Pradesh
The court held that the right to education is implicit in the right to life. The Judgment on
This case expanded the Right to education being enshrined to Right to Life. In 2002, by the
86th Amendment of the Constitution inserted Right to Education within Right to life.