Childhood shows the man, as morning shows the day...........

John Milton

This quote of the great English poet aptly depicts the importance of a child in our lives. India too
is a home to about 430 million children and as a consequence rights of children and their
aspirations are of paramount importance in our march towards an inclusive and equitable society.
Since independence, India has developed its own jurisprudence concerning children and the
recognition of their rights which are evident through various legislations namely the Constitution
of India, Right of Children to Free and Compulsory Education Act 2009, The Child Labour
(Prohibition and Regulation) Act 1986, The Hindu Adoption and Maintenance Act, 1956,
Immoral Traffic Act, 1986, Protection of Children from Sexual Offences Act, 2012, The Juvenile
Justice (Care and Protection)Act,2000, and many more.

Child is considered as an important national asset of a nation as the future of any nation depends
on how its children mature and develop. In the present times protection of children from all kinds
of exploitation and abuses has become the main objective of our society. There have been many
instances of child exploitation in the form of sexual molestation, child marriage, underfeeding,
verbal abuse, child battering, child prostitution, child pornography and child labour which
indirectly highlights our society’s own failure to protect our future generations. Child protection
is regarded as one of the main responsibility of the government as well as the society and
considering the challenges and problems faced by the children.

Introduction:

The question of child’s rights has emerged as one of the most vibrant issues for discussion in this
new millennium. The fact remains that even today children are a part of the disadvantaged
minority group so far as realization of human rights and social justice are concerned. The main
reason for this lacuna is that children are still not a complete political entity in true sense of the
term. Besides, they are generally physically, mentally and economically defenseless. In this
rapidly changing age of globalization, taking care of child’s right at every stage has taken a back
seat. This not only affects the whole value system, but also their present social and economic
needs. No doubt that the future of humanity depends on children to a large extent, even then a
very partial and parochial approach has been followed towards bringing them on the mainstream
of social and political agenda.
This marginalization takes even a much worse turn when child is either orphan, loner, a destitute,
a homeless, a child labour, a bonded labour, a domestic help, a street child, a physically or a
mentally challenged child. In such circumstances, they remain mostly in uncared state and
became highly vulnerable to crimes which are perpetrated against them. Violations of Child
Rights are hooked to social wrong. It ranges from actual crimes to neglect by society and
unsatisfactory parenting, innocence, inexperience, wrong exposure, improper care, lack of good
guidance and non existence of good social security system are some of the major reasons for
children’s continued vulnerability and exploitation.

Legal Definition of Child:

The term ‘Child’ is not defined in the Indian Constitution. According to Article 1 of the United
Nations Convention on the Rights of the Child 1989, ‘a child means every human being below
the age of eighteen years unless, under the law applicable to the child, majority is attained
earlier’3. The legal definition of child tends to depend upon the purpose. There are a number
legislations in India which defines the term ‘Child’ depending upon the purpose. Under the
Indian Majority Act,1875 the age of majority is eighteen years & in case of a minor for whose
person & property a guardian is appointed or whose property is under the supervision of the
Court of Wards the age of majority twenty-one years.

 In Child Labour (Prohibition and Regulations) Act, 1986, child means a person who
has not completed his fourteenth year of age.
 In Child Marriage Restraint Act, 1926, child means a person who, if a male, has not
completed twenty-one years of age and, if a female, has not completed eighteen years of
age.
 In Juvenile Justice (Care and Protection) Act, 2000, ‘Juvenile’ or ‘Child’ means a
person who has not completed eighteenth year of age.
Major Child Issues In India

# Child labour.

# Girl Child.

# Malnutrition.

# Poverty.

# Illiteracy.

# Child Marriage.

# Child Trafficking.

Role of Non-Government Organization’s(NGO’s)

A large number of NGOs are working in the field of child welfare and child protection.
However, because of the huge numbers of children requiring protection, their efforts can make
only a marginal impact. However, they should coordinate their child welfare activities and need
to work together. They also need to oversee implementation of various government measures
that are already in place. The crucial ones include basic right to health, education, infant and
young child development and prevention of child abuse &neglect.

Role of government

The ultimate responsibility to protect its nation’s children lies with the Government. By
ratification of International instruments such as UNCRC & UN General comments #13, the
Government’s should commit appropriate legislative,administrative, social and educational
measures to prevent and protect children from maltreatment. In 1992, India accepted the
obligations of the UN Convention on the Rights of the Child (CRC). In the last two decades, the
government has taken several steps towards publically advance children’s rights. These include
the Juvenile Justice (Care and Protection) Act 2000(amended in 2006), Prohibition of Child
Marriage Act (2006), the formation of the National Commission for Protection of Child Rights
(2005), a National Plan of Action for children(2005), Right to Information (RTI) 2005, the Goa
Children (amendment) Act 2005, the Child Labour (Prohibition & Regulation) Act, 1986 (two
notifications in 2006 & 2008), expanded the list of banned and hazardous processes and
occupation), Integrated Child Protection Scheme(2009) and advancing various legislations such
as Right to Education Bill (2009) & Prevention of children from Sexual Offences (POCSO Act
2012) to protect, promote and defend child rights in the country.15 However still, there is a wide
gap between policy & implementation/practice & outcome, and millions of children fall through
the gaps.

Education:

“Children deprived of words become school dropouts; dropouts deprived of hope behave
delinquently. Amateur censors blame delinquency on reading immoral books and magazines,
when in fact, the inability to read anything is the basic trouble.”...Peter S. Jennison

Education is itself a human right and it is through which one can realize the other human rights.
It plays a vital role in empowering women and in the protection of children from exploitative
labour as well as sexual exploitation. A country like India which is known to be a home for a
highest number of children in the world, there are about 43 crore children between the age group
of 0-18 according to 2001 census and about 74 percent of child population live in rural areas and
so providing free, compulsory and good quality education seems to be very important during this
stage of their life. India is also a home for the one third world’s illiterate population.

Since its independence and during the drafting of the Indian Constitution, India has made a
conscious effort to give children the right to free and compulsory education as a fundamental
right. However at that time it could not succeed in its efforts. But the Constitution of India has
given it a place under Article 45 Directive Principles of state policy which provides that “the
state shall endeavour to provide within a period of ten years from the commencement of this
constitution for free and compulsory education for all the children until they complete the age of
14 years”.

Though it was not a part of the Fundamental rights of the constitution

Right to Education (RTE) Act, 2009

Free and compulsory education to all children of India in the 6 to 14 age group. No child shall be
held back, expelled or required to pass a board examination until the completion of elementary
education. If a child above 6 years of age has not been admitted in any school or could not
complete his or her elementary education, then he or she shall be admitted in a class appropriate
to his or her age. However, if a case may be where a child is directly admitted in the class
appropriate to his or her age, then, in order to be at par with others, he or she shall have a right to
receive special training within such time limits as may be prescribed. Provided further that a
child so admitted to elementary education shall be entitled to free education till the completion of
elementary education even after 14 years.
Child Labour
Children are universally recognized as the most important asset of any nation. The future of the
nation depends directly on how they are brought up and cared for. This is why the Universal
Declaration of Human Rights adopted way back in 1948had proclaimed that childhood was
entitled to special care and assistance. The UN Convention on the Rights of the child adopted in
1989 proclaims in article 6 that every child has the inherent right to life and that the state parties
shall ensure to the maximum extent possible the survival and development of the child. Again in
Article 32 the convention mandates the states parties to recognize the right of the child to be
protected from economic exploitation and from performing any work that is likely to be
hazardous or to interfere with the child's education, or to be harmful to the child’s health or
physical, mental, spiritual, moral or social development.
Child labour is a concrete manifestation of the violations of the rights of children, especially the
right to education and development. Working at a young age has many adverse and direct
consequences:
• Children are deprived of their right to education;
• Children are deprived of their right to play, leisure and healthy growth;
• Children are deprived of their free mental, physical, psychological and
spiritual growth owing to hazardous nature of their work and over work that is
not compatible with their age;
• Children are deprived of their childhood itself;
• Child labour creates and perpetuates poverty;
• It condemns the child to a life of unskilled, badly paid work, and
• Ultimately leads to child labour with each generation of poor children
undercutting wages.
To stop the child labour we have certain guidelines for the people to protect the child . These
legislations mainly dealing with minimum age, minimum wage and hazardous
employments.
 The Factories Act, 1948
The Factories Act, 1948 prohibits the employment of children below 14 years of age In factories.
A child is not permitted to work during night (10 p.m. to 6 p.m.) and not more than 4 1⁄2 hours in
a day.(sec 54 ) Restriction have also been laid down on the employment of children in certain
dangerous occupations A special register has to be maintained by the employer in respect of
child labour to satisfy inspecting authorities that provisions regarding child labour are
implemented A
young person can be employed in factories only of his fitness and age are duly certified by a
medical practitioner. Such fitness certificate remain valid for a year onlyThe adolescent of the
child must be issue a token marked “P” (Protected) which he must carry during working hours.
Rests, shelters, canteens etc. are also to by provided for workers including child labourers. The
Act also imposes penalty on a parent or guardian for permitting double employment of children
 The Minimum Wages Act, 1948
The minimum Wages Act, 1948 provides for fixation by State Government of minimum time
rate of wages, minimum piece rate of wages, guaranteed time rates of wages for different
occupations and, localities or class of work and adult, adolescents, children and apprentices The
Act is aimed at occupations which are less well organized and more difficult to regulate and
where sweated labour is more prevalent or where there is much scope for the exploitation of
labour.
 The Plantation Labour Act, 1951
Under the Act ‘child’ means a person who has not completed his fifteenth year. Itcovers all tea,
coffee, rubber, cinkona and cardamom plantation which measure 117heactares or more, in which
30 or more persons are employed. The employment of children between the age of 12 is
prohibited under the Act. However, the Act permits the employment of child above 12 years only
on a fitness certificate from employment of child above 12 years only on a fitness certificate
from the appointed surgeon. The certificate of fitness is valid for one year at a time. This is the
only Act
wherein statutory provisions for education, housing and medical facilities have been enjoined
upon employer
 The Mines Act, 1952
‘Child’ means a person who has not completed his fifteenth years. This Act also extends to the
whole of India and includes all excavations where any operation for the purpose of searching for
or obtaining minerals is carried out. The Act provides that no child shall be employed in any
mines 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 being carried onA young person
(between 16 to 18) years is allowed to work in any part below ground if he has a medical
certificate from certifying surgeon about his fitnessAn employer contravening the provisions of
child labour is punishable with imprisonment up to 3 months or a fine up to 10,000 or with both.
It also provides for penalties for use of false certificate of fitness and double employment of
children
 The Beedi and Cigar Workers (Condition of Employment Act, 1966)
This Act extends to the whole of India and prohibits employment of children below the age of 14
years in any industrial premises. The employment of young persons between 14 and 18 years
age, is prohibited between 7 p.m. and 6 p.m. The administration of the Act rests with the State
Governments.
 . The Child Labour (Regulation & Prohibition) Act, 1986
Child Labour (Prohibition & Regulation) Acts, has been enacted on 23rd December1986. To
prohibit and regulate the child labour it classifies occupations into ‘hazardous’ and ‘non-
hazardous’

The Constitution of India provides that the state, as a directive principle of state policy, must
seek to ensure “that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.1” The rights to equality, to protection
of life, to personal liberty, and against exploitation are enshrined in articles 14–17, 21, 23, and 24
of the Constitution. Article 15, which protects against discrimination on various grounds,

1
constitution of india art. 39(f),available at : https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf,
visited on 26 may 2020
contains an important proviso that “nothing in this article shall prevent the State from making
any special provision for women and children.
On April 26, 2013, the government of India adopted a new National Policy for Children, 2013 2,
which replaced the 1974 child policy 3. The new policy lays down the guiding principles that
must be respected by national, state, and local governments in their actions and initiatives
affecting children. The National Policy states that the “safety and security of all children is
integral to their well-being and children are to be protected from all forms of harm, abuse,
neglect, violence, maltreatment and exploitation in all settings including care institutions,
schools, hospitals, crèches, families and communities.”
The Policy also provides that The State shall protect all children from all forms of violence and
abuse, harm, neglect, stigma, discrimination, deprivation, exploitation including economic
exploitation and sexual exploitation, abandonment, separation, abduction, sale or trafficking for
any purpose or in any form, pornography, alcohol and substance abuse, or any other activity that
takes undue advantage of them, or harms their personhood or affects their development.
The State shall promote child friendly jurisprudence, enact progressive legislation, build a
preventive and responsive child protection system, including emergency outreach services, and
promote effective enforcement of punitive legislative and administrative measures against all
forms of child abuse and neglect to comprehensively address issues related to child protection.

Administrative Responsibility
The government of India has “assigned focal responsibility for child rights and protection to the
Ministry of Women and Child Development and has given it key responsibility for overseeing
implementation of the National Policy. Pursuant to principles in the National Policy, the Ministry
developed and released a National Plan of Action for Children 4 on January 24, 2017. One of the
key priority areas in the Plan is “protection” and the objective is to “protect all children from all
forms of violence and abuse, harm, neglect, stigma, discrimination, deprivation, exploitation

2
national policy for children, 2013, extract from gazette of india, part i sec. 1 (may 11, 2013),available at :
http://wcd. nic.in/sites/default/files/npcenglish08072013_0.pdf,visted on 23 may 2020
3
government of india, department of social welfare, national policy for children 1974,available at :
http://childlineindia. org.in/cp-cr-downloads/national_policy_for_children.pdf,visted on 22 may 2020
4
government of india, ministry of women and child development, national plan of action for children (npac), 2016:
safe children – happy children (dec. 2016),available at: http://wcd.nic.in/sites/default/files/national %20plan%20of
%20action%202016.pdf,visited on 23 may 2020
including economic exploitation and sexual exploitation, abandonment, separation, abduction,
sale or trafficking.”

Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015, 5 which received presidential
assent on December 31, 2015, repealed and replaced a 2000 Act by the same name. In September
2016, the government issued the Juvenile Justice Model Rules, 2016,15 which set out some of
the procedures for implementing the Act. The passing of the law was prompted by the public
outcry surrounding the release of a minor involved in a gang rape after completion of a three-
year term in a juvenile home.6 The law deals with two categories of children: “those who are in
conflict with the law, and those who need care and protection (CNCP).” The law was enacted to
consolidate and amend the law relating to children alleged and found to be in conflict with law
and children in need of care and protection by catering to their basic needs through proper care,
protection, development, treatment, social re-integration, by adopting a child-friendly approach
in the adjudication and disposal of matters in the best interest of children and for their
rehabilitation through processes provided, and institutions and bodies established here under.18
Section 3 lists sixteen general principles to be followed in the administration of the Act,
including
the following:
 Principle of dignity and worth: All human beings shall be treated with equal dignity and
rights.
 Principle of best interest: All decisions regarding the child shall be based on the primary
consideration that they are in the best interest of the child and to help the child to develop
full potential.
 Principle of family responsibility: The primary responsibility of care, nurture and
protection of the child shall be that of the biological family or adoptive or foster parents,
as the case may be.

5
juvenile justice (care and protection of children) act 2015, no. 2 of 2016,available at : http://cara.nic.in/pdf/jj%20
act%202015.pdf,visted on 21 may 2020
6
asha bajpai, child rights in india: law, policy, and practice 581 (oxford university press, 2017).
  Principle of safety: All measures shall be taken to ensure that the child is safe and is not
subjected to any harm, abuse or maltreatment while in contact with the care and
protection system, and thereafter.
 Positive measures: All resources are to be mobilised including those of family and
community, for promoting the well-being, facilitating development of identity and
providing an inclusive and enabling environment, to reduce vulnerabilities of children
and the need for intervention under this Act.
 Principle of repatriation and restoration: Every child in the juvenile justice system shall
have the right to be re-united with his family at the earliest and to be restored to the same
socio-economic and cultural status that he was in, before coming under the purview of
this Act, unless such restoration and repatriation is not in his best interest.

The Juvenile Justice Act requires every state government to establish a State Child Protection
Society and District Child Protection Units with officers and employees appointed by the
government, “to take up matters relating to children with a view to ensure the implementation of
this Act.”7 Additionally, in every police station, at least one officer, not below the rank of
assistant sub-inspector, is to be designated as the child welfare police officer to “exclusively deal
with children either as victims or perpetrators, in co-ordination with the police, voluntary and
non-governmental organisations.”

The Act also establishes a Special Juvenile Police Unit (SJPU) for police officers to “coordinate
and function as a watch-dog for providing legal protection against all kinds of cruelty, abuse and
exploitation of children or juveniles.” SJPUs are supposed to be constituted in each district and
city8. Each SJPU is to be headed by a police officer not below the rank of a Deputy
Superintendent of Police or above and consist of a child welfare police officer and two social
workers who have experience working in the field of child welfare, of whom one shall be a
woman. The District Child Protection Unit of the State Government provides the services of its
two social workers to the Special Juvenile Police Unit.

7
juvenile justice (care and protection of children) act 2015,
8
juvenile justice (care and protection of children) act 2015,
Chapter IX of the Act includes certain offenses against children, including cruelty against a
child, offering a narcotic substance to a child, and abducting or selling a child. The punishment
for cruelty to a child is provided for by section 75 of the Act:
“Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses,
exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned,
abused, exposed or neglected in a manner likely to cause such a term which may extend to three
years or with fine of one lakh rupees or with both: Provided that in case it is found that such
abandonment of the child by the biological parents is due to circumstances beyond their control,
it shall be presumed that such abandonment is not wilful and the penal provisions of this section
shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an
organisation, which is entrusted with the care and protection of the child, he shall be punished
with rigorous imprisonment which may extend up to five years, and fine which may extend up to
five lakhs rupees:
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or
develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life
or limb, such person shall be punishable with rigorous imprisonment, not less than three years
but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.
These will be achieved by:
(i) improved access to and quality of child protection services;
(ii) raised public awareness about the reality of child rights, situation and protection in
India;
(iii) clearly articulated responsibilities and enforced accountability for child protection
(iv) established and functioning structures at all government levels for delivery of
statutory and support services to children in difficult circumstances;
(v) introduced and operational evidence based monitoring and evaluation.9

Commissions for Protection of Child Rights (CPCR) Act, 2005

9
ministry of women and child development, the integrated child protection scheme (icps) – a centrally sponsored
scheme of government – civil society partnership
The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007
under the Commissions for Protection of Child Rights (CPCR) Act, 2005. 10 The NCPCR, which
is under he Ministry of Women and Child Development, has the mandate to ensure that all laws,
Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights
perspective as enshrined in the Constitution of India and also the UN Convention on the Rights
of the Child. The Child is defined as a person in the 0 to 18 years age group. 11” It also “enquires,
investigates, and recommends action again against perpetrators of child abuse and neglect.”
More specifically, the National Commission has the following functions and powers:
• Examine and review the legal safeguards provided by or under any law for the protection of
child rights and recommend measures for their effective implementation
• Prepare and present annual and periodic reports upon the working of these safeguards
• Inquire into violation of child rights and recommend initiation of proceedings in such cases
• Undertake periodic review of policies, programmes and other activities related to child rights in
reference to the treaties and other international instruments
• Spread awareness about child rights among various sections of society
• Examine and recommend appropriate remedial measures for all factors that inhibit the
enjoyment of rights of children affected by terrorism, communal violence/riots, natural disaster,
domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography
and prostitution
• Undertake and promote research in the field of child rights
• Inspect institutions meant for juvenile/children
• Inquire into complaints of deprivation and violation of child rights, non implementation of laws
and non-compliance policy decisions, guidelines or instructions
• Undertake other necessary functions for the promotion of child rights. The Commission has the
power of a civil court and all criminal cases brought to the same has to be forwarded to a
concerned Magistrate who has jurisdiction to try the same.

Protection of Children from Sexual Offences Act (POCSO), 2012

10
commissions for protection of child rights (cpcr) act, 2005, no. 4 of 2006,available at: https://indiacode.nic.in/
bitstream/123456789/2056/1/200604.pdf#search,visited on 24may 2020
11
welcome to national commission for protection of child rights, ncpcr, http://ncpcr.gov.in/
The Protection of Children from Sexual Offences Act (POCSO), 2012,12 and the rules framed
under the Act establish specific offenses to protect children from sexual assault, sexual
harassment, and pornography, and provide for the establishment of special courts for the trial of
such offenses.
The Act seeks to safeguards the interest of the child “at every stage of the judicial process, by
incorporating child friendly mechanisms for reporting, recording of evidence, investigation and
speedy trial of offences” through the special courts13. The NCPCR is “mandated to monitor the
implementation of the Act” by Section14 of the POCSO and Rule 6 of POCSO Rules.
Section 19 of the POCSO Act makes it mandatory for any person, including the child
him/herself, to report that an offense is likely to be committed or has been committed. Section 21
of the Act makes the failure to report punishable, except that the child victim cannot be punished
for such failure. According to one article, under this act, various child friendly procedures are put
in place at various stages of the judicial process. Also, the Special Court is to complete the trial
within a period of one year, as far as possible. Disclosing the name of the child in the media is a
punishable offence, punishable by up to one year. The law provides for relief and rehabilitation
of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or to the
local police. Immediate & adequate care and protection (such as admitting the child into a shelter
home or to the nearest hospital within twenty-four hours of the report) are provided. The Child
Welfare Committee (CWC) is also required to be notified within 24 hours of recording the
complaint. However, a 2017 journal article notes that, even after 5 years of its inception, this act
has faced unforeseen challenges in its complete implementation, the chief being failure to set up
special POCSO courts in all the districts of the country. Setting up of these courts was an
essential mandate of the POCSO act, the lack of which has resulted in considerable delay in the
disposal and pendency of the cases registered under the act.

Child’s right to adoption

12
protection of children from sexual offences act
13
ncpcr, user handbook for implementation of the pocso act (sept. 2017),
Avialbe at :http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1289&lid=1514,visited on 25 may 2020
14
rajeev seth, protection of children from abuse and neglect in india, 56(5) jmaj (sept./oct. 2013), available on 23
may 202 ,https://www.med.or.jp/english/journal/pdf/2013_05/292_297.pdf,visited on 25 may 2020
Adoption as a measure is meant to serve the religious and sentimental purposed of the adopter as
well as the rehabilitative care and protection of the adopted child. The Hindu Adoption and
Maintenance Act, 1956 provides provisions relating to competence to adopt and be adopted and
the procedure in regard to adoption.
In Snehalaya’s Snehankur Adoption Center v. Child Welfare Committee 15, Ahmedanagar
issue of adoption of a child whose mother had suffered pregnancy because of a forced rape was
in question. The high court viewed adoption as a measure for care and rehabilitation of the child,
provided it is as per the procedure fixed by the law.
The second adoption case Varsha SanjayShinde v. Society of Friends of Sasson Hospital
16
arose out of the petition of anIndian couple who wanted to be given preference in matter of a
particular child over that of an Indian born NRI couple who had chosen the child earlier. The
bench comprising of V.M Khande and S.C. Gupta JJ traced the history of adoptionlaws,
including that laid down by the apex court that had equated foreign adoptions as duly recognized
means of rehabilitation of children. In this light the high courthad little difficulty in dismissing
the petition.

Case laws
 MC MEHTA VS State OF TAMIL NADU AND OTHERS

15
2013(6)ABR 350.
16
2014 (5) ALLMR 297.
In this case, Indian activist plaintiff M.C. Mehta sued the state of Tamil Nadu to improve the
working conditions for children and to provide children rescued from hazardous labor with an
education. The Hon’ble Supreme Court issued a landmark ruling that the Indian Constitution
(Article 24) requires the state to endeavor to provide a free, compulsory education for children.
The Court found that children under the age of 14 could not be engaged in hazardous
employment, and ordered the government to establish and maintain a child labor rehabilitation
welfare fund. Employers that violated child labor laws would be required to make a deposit into
the fund; the government would also be required to offer the parent of each child engaged in
hazardous employment a job, or else make a deposit into the fund.

 Bandhua mukti morcha vs union of india

In this case, the Supreme Court held "Therefore, whenever it is shown that the labourer is made
to provide forced labour, the Court would raise a presumption that he is required to do so in
consideration of an advance or other economic consideration received by him and he is,
therefore, a bonded labour. This presumption may be rebutted by the employer and also by the
State Government if it so chooses but unless and until satisfactory material is
provided for rebutting this presumption, the Court must proceed on the basis that the labourer is
a bonded labourer entitled to the benefit of provisions of the Act. The State Government cannot
be permitted to repudiate its obligation to identify, release and rehabilitate the bonded labourers
on the plea that though the concerned labourers may be providing forced labour, the State
Government does not owe any obligation to them unless and until they show in an appropriate
legal proceeding conducted according to the rules of adversary system of justice, that they are
bonded labourers.
 J.P unnikrishna vs state of Andhra Pradesh
In this case, the Supreme Court held that citizens of this country have the fundamental right to
education and the said right flows from Article 21 of the Constitution. This right is, however, not
an absolute right. Every child/citizen of this country has the right to free education until he
completes the age of fourteen years. Thereafter, his right to education is subject to limits of the
economic capacity and development of the State.
 People union democratic reforms vs union of india
Begar means compulsory work without payment (2)Non-payment of minimum wages comes in
the ambit of forced labour.(3) “The word ‘force’ ought to interpreted to include not only physical
or legal force but also force arising from compulsion of economic circumstances , which leave
no choice of alternative to a person in want and compels him to provide labour or service even
though the remuneration received for it is less than the minimum wages.(4)Articles 17,23 and 24
are also enforceable against private persons. In this case it is the constitutional obligation of the
state to provide protections.(5) Construction works are hazardous .So employment of child below
the age 14 years in construction works is violation of Article of Article 24 .

 Sanchit roy vs state of Rajasthan

Workers were engaged by Public Works Department, Rajasthan and they were not being paid
minimum wages. The Court said that non-payment of minimum wages comes under the category
of forced labour. Justice P.N.Bhagwati, “The State cannot be permitted to take advantage of the
helpless condition of the affected persons and extract labour or service from them on payment of
less than the minimum wage. No work of utility and value can be allowed to be constructed on
the blood and sweat of persons who are reduced to a state of helplessness on account of drought
and scarcity conditions.”
Monitoring, Data collection
Monitoring effective systems of data collection,routine monitoring, research and evaluation are
necessary to assess progress in the protection of children. In most countries, as well as in India,
there is limited data on child protection. Existing national census and surveys can give data on
birth registration, child marriage, child sex ratio etc. However, Data is difficult to find in many
forms of violence, such as sexual abuse, exploitation, trafficking, etc., which thrive on secrecy.
It is important to have reliable data in order to promote inter-sectoral and regional strategies
and best practices in child protection and their evolution over time.

Child protection law in different countries

In Australia, the governments of the six states and two mainland territories are responsible for
child protection legislation and services. However, guiding principles can be found in the United
Nations Convention on the Rights of the Child, to which Australia is a signatory The latter
establishes the role and functions of the National Children’s Commissioner, which include the
following:
• Advocating nationally for the rights and interests of children and young people—this
includes all children and young people up to eighteen years of age
• Promoting children’s participation in decisions that impact on them
• Providing national leadership and coordination on child rights issues
• Promoting awareness of and respect for the rights of children and young people
in Australia
• Undertaking research about children’s rights
• Looking at laws, policies and programs to ensure they protect and uphold the rights
of children and young people.
France
France started adopting legislation to protect children from the late nineteenth century, in
particular with the adoption of the Law of 24 July 1889 Regarding the Protection of Abused or
Morally Abandoned Children,Violence, Assault, Acts of Cruelty, and Indecency Committed
Against Children. The legislative arsenal against child abuse and neglect has kept expanding ever
since, with the most recent development being the adoption of a new law on the protection of
children in 2016.
The protection of children is addressed in the Penal Code, which aims to punish acts of violence
and other abuse against children, and by civil and administrative measures that aim to detect
instances of abuse or neglect, and to prevent dangerous situations. In order to better evaluate the
effectiveness of its efforts to fight child abuse and neglect, the French government has been
gathering and analyzing data on these and related issues systematically for the past
thirteen years.
Conclusion

Children constitute the nation‘s valuable human resources. The future well being of the nation
depends on how its children grow and develop. The great poet Milton said Child Shows the man
as morning shows the day. So it is the duty of the society to look after every child with a view to
assuring full development of its personality. Children are the future custodians and torch bearers
of the Society: they are the messengers of our knowledge, cultural heritage, ideologies and
philosophies. Children are really future components in the form of great teachers, scientists,
judges, rulers, doctors, planners, engineers, politicians on whom the entire society founded
(rests). Unfortunately millions of children are deprived of their childhood and right to education
and thereby they are subjected to exploitation and abuse.

Suggestion
 The present title of Child Labour (Prohibition and Regulation) Act, 1986 should be
amended as Child Labour (Prohibition and Rehabilitation) Act, so that more focus should
be given to rehabilitation rather than regulation.
 Every State Government shall frame Rules under the Right to Education Act, 2009
immediately for the proper implementation of the provisions of the Act.
 Government of India should ratify the Convention No.182 and Recommendation No.190
which deal with the “Prohibition and Immediate Action for the Elimination of the Worst
Form of Child Labour”. The Convention was adopted in 1999 but the Government has
not yet ratified it.
 The Employment of children in any other employment including Agricultural /Farm
Sector should be made a cognizable offence, non- bailable and non compoundable.
 Government should encourage the NGOs for elimination of child labour by granting
proper budget periodically and accountability should be fixed on NGOs to ensure that the
funds are utilized for the purpose for which it is given The Judiciary should be more
sensitive in dealing with child labour cases. The general rule of ‘benefit of doubt’ cannot
be given to the offending employers. When guilt is proved, offending employer should be
punished with imprisonment and not with fine. In punishment policy, sentence of
imprisonment should be made a general rule and imposing fine should be an exception.
This deters the employers. Further there is a need to increase the conviction rate.
Recommendation
In India, child rights, protection and exploitation (street children, child labour, trafficking
etc.) are intimately linked to poor socioeconomic conditions in a large population base.
Survival, early child health care, nutrition, education, development and child protection are
most crucial child rights. Illiterate parents are ignorant of their children rights. They must be
made aware of child rights, must demand and fight to obtain them. Multidisciplinary child
professionals should work together and monitor the government efforts in protection of child
rights. They should be able to collate available national child health indicators, address key
issues and concerns in their region, involve children in research and facilitate their
participation in projects and policy development. There is an urgent need to assign
responsibility and accountability to Government, elected representatives, policy makers,
proximate community and education and empowerment of families. In any case, a child must
not suffer, if the parents can’t provide care and protect.