Document 5
Document 5
1. Constitutional Provisions
a. The Indian Constitution guarantees equality
to women under Articles 14, 15, and 16.
b. Article 15(3) allows the state to make special
provisions for women and children.
c. Prohibition of discrimination on the basis of
gender (Article 15).
2. Legislative Reforms
a. Abolition of practices like dowry (Dowry
Prohibition Act, 1961).
b. Protection against domestic violence
(Protection of Women from Domestic
Violence Act, 2005).
c. Rights to property (Hindu Succession Act,
1956; amended in 2005).
d. Sexual harassment at workplace laws
(Prevention of Sexual Harassment Act, 2013).
3. Education and Employment
a. Increased access to education and
professional fields.
b. Government initiatives like Beti Bachao Beti
Padhao and scholarships for girls' education.
c. Representation in politics through
reservations in Panchayati Raj Institutions.
4. Challenges
a. Despite legal safeguards, women face issues
like gender-based violence, wage disparity,
and underrepresentation in leadership roles.
b. Cultural norms and societal expectations
often limit their opportunities.
5. Empowerment Movements
a. NGOs and feminist movements have worked
extensively for women's empowerment.
b. Awareness campaigns and media
representation have brought gender issues to
the forefront.
1. Hindu Law:
a. The Hindu Minority and Guardianship Act,
1956, designates the father as the "natural
guardian" of the child, but the mother is also
recognized in certain circumstances.
b. Adoption rights are detailed under the Hindu
Adoptions and Maintenance Act, 1956,
allowing both boys and girls to be adopted.
2. Muslim Law:
a. Muslim personal law does not formally
recognize adoption, though informal
caregiving is permitted.
b. Custody usually favors the mother until the
child reaches a specific age (7 years for boys,
puberty for girls), while the father remains the
legal guardian.
3. Christian and Parsi Laws:
a. Both communities emphasize the welfare of
the child in guardianship and custody
disputes.
b. Adoption is less emphasized, with Christians
relying on secular laws like the Juvenile
Justice Act for adoption rights.
4. Secular Provisions:
a. The Juvenile Justice (Care and Protection of
Children) Act, 2015, provides a uniform
framework for adoption across all religions.
b. The Child Marriage Prohibition Act, 2006,
aims to prevent child marriages and protect
children's rights.
Conclusion
Conclusion
• Provisions:
o Prohibits employment of children below 14
years in factories.
o Adolescents (14-18 years) can work in non-
hazardous processes with restricted working
hours.
o Prohibits night shifts for adolescents.
B. The Apprentices Act, 1961
• Provisions:
o Prohibits children below 14 years from
undergoing apprenticeships.
o Adolescents (14-18 years) can apprentice in
non-hazardous trades.
o Ensures apprenticeships are carried out
under safe conditions with proper monitoring.
C. The Child Labour (Prohibition and Regulation) Act, 1986 (Amended in 2016)
1. Right to Education:
a. Article 21A: Guarantees free and compulsory
education to children aged 6-14 years.
2. Prohibition of Child Labour:
a. Article 24: Prohibits employment of children
below 14 years in hazardous work.
3. Protection and Development:
a. Article 39(e): Protects children from abuse
and economic exploitation.
b. Article 39(f): Ensures children’s development
and protection from neglect.
Conclusion
• Key Features:
o Recognizes children as individuals with civil,
political, economic, social, and cultural
rights.
o Four guiding principles: Non-discrimination,
Best Interests of the Child, Right to Survival
and Development, and Respect for the Views
of the Child.
o Defines a child as anyone under 18 years of
age.
o Recognizes the right to education, health,
freedom from exploitation, and protection
from abuse.
B. Geneva Declaration of the Rights of the Child, 1924
A. Overview
Conclusion