Child Laws in India: A short review
Rajkumar Tomma Singh *
Stop Child Labour :: Art work by Banti Phurailatpam
A mature legal system endeavours to provide not merely a remedy for every right infringed but also an adequate remedy. In this regard, we have witnessed major changes especially in respect to child laws and amendments being brought about now and then.
The National Charter for Children, 2003 was enacted to reiterate the commitment to the cause of the children in order to see that no child remains hungry, illiterate or sick. A national agenda of governance had also been announced in this regard.
The intent was to secure for every child its inherent right to be a child and enjoy healthy and happy childhood, to address the root cause that negates the healthy growth and development of children and to awaken the conscience of the community. In the wider social context, child laws had been provided to protect them from all forms of abuse.
Towards this end, the State and the community should undertake all possible measures to ensure and protect the survival, life and liberty of all children. As is enshrined in Article 45 of the Indian Constitution – the State shall endeavour to provide early childhood care and education for all the children until they complete the age of six. Thereafter, the child is taken care of under Article 21 which enumerates that the State shall provide free and compulsory education to all children between six and 14.
Keeping in mid sexual offences in respect to children, the Government also enacted the Protection of Children from Sexual Offences Act, 2012. This act aims at protecting children from sexual offences like sexual assault, sexual harassment and pornography and provide for the establishment of Special Court for trail of such offences and for matters connected therewith or incidental thereto.
The word “child” under the Act has been defined to mean – any person below the age of 18. Punishment under the Act is dealt under Chapter II of the Act.
SOME ACTS RELATED TO CHILD RIGHTS AFTER 2000
1. Juvenile Justice (Care and Protection of Children) Act, 2000
2. National Charter for Children, 2003
3. Medical Termination of Pregnancy Regulation, 2003
4. Medical Termination of Pregnancy Rules, 2003
5. Commission for Protection of Child Rights Act, 2005
6. National Commission for Protection of Child Rights Rules, 2006
7. Prohibition of Child Marriage Act, 2006
8. Juvenile Justice (care and Protection of Children) Rule, 2007
9. Rights of Children to Free and Compulsory Education Act, 2009
10. Rights to Children to Free and Compulsory Education Rules, 2010
11. Protection of Children to Free and Compulsory Education Act, 2012
* Rajkumar Tomma Singh wrote this article for Hueiyen Lanpao
This article was posted on April 14, 2015.
* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.