TITLE

CHILD PROTECTION LAWS IN INDIA: AN ANALYSIS

SUBJECT
CONTRACT LAW- II

SUBMITTED BY: AISHWARYA S V STUDENT SIGNATURE

SUBMITTED TO: DR. NIKHILA S TIGADI

CLASS: 3rd YEAR BCOM LLB- SECTION A FACULTY SIGNATURE

REGISTRATION NUMBER: 42321441009

 CHILD PROTECTION LAWS IN INDIA: AN ANALYSIS

Abstract

Children, heralded as the most precious asset of any nation, represent the pinnacle of
humanity's gifts and a vital segment of societal fabric. Regrettably, child exploitation and
discrimination persist as pervasive issues across societies worldwide. This research delves
into the prevalent exploitation of children, particularly in labor roles, where they are often
perceived as the most economical and compliant workforce. Children can be found toiling in
various settings including households, factories (sometimes in hazardous conditions), fields,
hotels, and restaurants, enduring unhygienic environments and receiving meager wages for
extended work hours. Additionally, children frequently fall victim to exploitation by their
own caregivers, subjected to sexual, physical, and emotional abuse. Those belonging to
marginalized groups such as orphans, illegitimate children, and offspring of stigmatized
individuals face heightened levels of exploitation and societal disdain. Tragically, children are
also vulnerable targets for sexual abuse and trafficking, including the illicit trade of organs
and flesh. “Children are the great promises of tomorrow, the dawn of humanity and buds of
social development.” 1

Article 21 of the Indian Constitution provides every Indian citizen the right to a dignified
life. Thus, children should not be taken for granted. Section 371 makes it a felony for a
mother and father to expose or leave a child in a place with the intention of abandonment,
while section 372 makes it a crime to buy a child for the purpose of prostitution or illicit
sex from anybody.

This paper aims to offer a concise overview of the constitutional provisions and legal
mechanisms designed to safeguard the rights of children in India. It encompasses rights such
as equality, education, and the protection of juveniles, along with provisions aimed at
preventing various forms of exploitation including child labor, female infanticide, child
marriage, trafficking, and sexual abuse. Focused solely on the challenges faced by children
and the corresponding legal framework in India, this paper provides an examination of the
legal safeguards available to protect children.

Introduction

1
Gaurav Jain V. Union of India, AIR 1997 SC 3021 (India)
Children are regarded as the foremost treasure and future workforce crucial for a nation's
advancement and prosperity. However, their vulnerability due to their inherent weakness and
dependence makes them susceptible to exploitation and mistreatment by nefarious elements
within society. Recognizing this, it becomes the responsibility of the State to ensure the
continuous protection of children. Various legislative enactments have been enacted over time
to prevent crimes against children and uphold their rights.

Childhood is a fundamental human experience, laying the foundation for a nation's progress.
Hence, it is imperative to prioritize the proper development and welfare of children for the
overall advancement of society. The definition of a child varies across laws, with different
age thresholds delineating childhood. In India, children under the age of seven are protected
from criminal liability according to the Indian Penal Code, acknowledging their inability to
be held accountable for their actions.

Child protection laws in India represent a critical facet of the nation's legal framework, aimed
at safeguarding the rights and well-being of its most vulnerable population – children. With a
population exceeding 1.3 billion, India's demographic landscape includes a significant
proportion of children, making their protection a paramount concern for policymakers,
lawmakers, and civil society alike. The enactment and enforcement of child protection laws
reflect the government's commitment to ensuring that every child grows up in a safe,
nurturing environment conducive to their holistic development.

India's legal landscape concerning child protection is multifaceted, encompassing a plethora

of legislative measures, judicial precedents, and administrative mechanisms. These laws are
designed to address various forms of exploitation, abuse, neglect, and discrimination
experienced by children across different socio-economic strata and geographic locations
within the country. From addressing issues such as child labor, child marriage, and juvenile
justice to combatting child trafficking, sexual offenses against minors, and ensuring access to
education and healthcare, the ambit of child protection laws in India is expansive and
continually evolving.

An analysis of child protection laws in India necessitates a comprehensive examination of the

legislative framework, starting from the foundational principles enshrined in the Constitution
of India. The Constitution guarantees certain fundamental rights to children, including the
right to equality, right to education, and protection from exploitation and abuse. These rights
serve as the bedrock upon which subsequent legislative enactments are built, shaping the
legal landscape governing child protection in the country.

One of the landmark legislations in this regard is the Juvenile Justice (Care and Protection of
Children) Act, which underwent significant amendments in 2015 to align with international
standards and address emerging challenges. This act outlines provisions for the care,
protection, and rehabilitation of children in conflict with the law, as well as those in need of
care and protection. It emphasizes the principles of child-friendly justice, non-stigmatization,
and the best interests of the child, reflecting a paradigm shift towards a more rehabilitative
approach in dealing with juvenile offenders.

In addition to the Juvenile Justice Act, several other laws contribute to the comprehensive
legal framework for child protection in India. The Protection of Children from Sexual
Offences (POCSO) Act, enacted in 2012, provides a robust mechanism for the prevention,
detection, and prosecution of sexual offenses against children, with stringent provisions for
ensuring their safety and confidentiality during legal proceedings. Similarly, the Child Labor
(Prohibition and Regulation) Act, the Prohibition of Child Marriage Act, and the Right to
Education Act are instrumental in addressing specific forms of exploitation and ensuring
access to education and basic rights for all children.

However, despite the existence of these legislative measures, the effective implementation
and enforcement of child protection laws remain a significant challenge in India. Issues such
as inadequate infrastructure, resource constraints, bureaucratic inefficiencies, and social
attitudes towards children contribute to gaps in the protection framework, leaving many
children vulnerable to exploitation and abuse. Moreover, the diverse socio-cultural fabric of
the country necessitates context-specific interventions and community-based approaches to
address the root causes of child protection violations.

In light of these complexities, an in-depth analysis of child protection laws in India is

essential to identify gaps, evaluate effectiveness, and propose recommendations for
enhancing the protection and well-being of children across the country. This analysis will not
only inform policy formulation and legislative reform but also contribute to advocacy efforts
and capacity-building initiatives aimed at strengthening child protection systems at the
grassroots level. By critically examining the legal mechanisms in place and their
implementation, stakeholders can work towards creating a more inclusive, equitable, and
child-friendly society where every child's rights are upheld and protected.
Variations in the Definition of a Child Across Legal Provisions

Under the ambit of various legal provisions in India, the definition of a "child" carries
significant implications for their rights and protections. These definitions, delineated across a
spectrum of laws, offer nuanced distinctions based on age thresholds and contextual
considerations. For instance, as per the Immoral Traffic (Prevention) Act of 1956, a child is
delineated as an individual who has not yet attained the age of sixteen. 2 Similarly, the
Juvenile Justice (Care and Protection of Children) Act of 2000 defines a child as someone
who has not crossed the threshold of eighteen years.3

Meanwhile, the Child Marriage Restraint Act establishes a distinctive age criterion,
stipulating that a male is considered a child until reaching the age of twenty-one, while for
females, childhood extends until eighteen years of age. 4 Further, the Child Labour
(Prohibition and Regulation) Act of 1986 offers a narrower age range, identifying a child as
an individual who has not yet completed their fourteenth year. The legal term "minor" often
operates synonymously with "child" in statutes such as the Indian Contract Act and the Code
of Criminal Procedure, underlining the legal system's recognition of a distinct category of
individuals with limited legal capacity and protections.5

Across a myriad of legislative frameworks including the Factories Act, Mines Act, Motor
Transport Workers Act, Employment of Children Act, and Plantation Labour Act, among
others, the definition of a child varies, reflecting the nuanced considerations of age and
vulnerability within specific contexts. For example, the Factories Act sets the threshold at
fifteen years, designating individuals below this age as children, while those between fifteen
and eighteen are classified as adolescents. The Prohibition of Child Marriage Act, 2006
further refines this classification, establishing the attainment of majority at twenty-one for
males and eighteen for females.

Amidst these legal intricacies, the 2011 Indian census data reveals concerning trends, notably
a decrease in the overall child population despite a concurrent rise in the total populace. More
disquieting is the precipitous drop in the sex ratio among children under six years of age,

2
India: The Immoral Traffic (Prevention) Act, 1956, 1956,
https://www.refworld.org/legal/legislation/natlegbod/1956/en/103535 [accessed 09 February 2024]
3
Aniketsml, Juvenile Justice Care and Protection of Children Act, 2015, Legal services India,
https://www.legalservicesindia.com/article/1972/Juvenile-Justice-Care-and-Protection-of-Children-Act,-
2015.html
4
The Child Marriage Restraint Act, 1929 Act 19 of 1929, Amendment appended: 31 of 2004.
5
The child and adolescent labour (prohibition and regulation) act, 1986 act no. 61 of 1986 [23rd December,
1986.]
which has plummeted to a stark 914 girl children per 1000 boys. This demographic shift
underscores broader concerns regarding gender imbalances and underscores the imperative
for concerted efforts to address underlying socio-cultural factors perpetuating such
disparities.

The legal delineation of a "child" within the Indian legislative framework encapsulates a
multifaceted understanding shaped by age thresholds, gender considerations, and socio-
cultural dynamics. While legal definitions provide a foundational framework for delineating
rights and protections, the observed demographic trends underscore the pressing need for
targeted interventions to safeguard the well-being and rights of children across diverse
contexts within Indian society.

Literature Review

The literature on child protection laws in India offers a comprehensive examination of the
nation's legal framework aimed at safeguarding the rights and welfare of its young
population. Scholars have scrutinized various aspects of these laws, ranging from their
historical evolution to their contemporary implementation challenges. Key themes explored
in the literature include the complexities of legislative frameworks, the persistent hurdles in
effective implementation, and the intersectional vulnerabilities faced by marginalized
children. Moreover, analyses delve into specific aspects of child protection, such as the
functioning of the juvenile justice system, the impact of technology on child safety, and the
role of community engagement in enhancing protective mechanisms. Overall, the literature
underscores the importance of continued research, advocacy, and policy reform to address
existing gaps and ensure the holistic protection of children in India.

Dr. Asha Bajpai is a prominent legal scholar whose research extensively delves into child
rights and juvenile justice in India. Through her scholarly work, Dr. Bajpai offers critical
analyses of the effectiveness of existing legal frameworks in protecting children's rights. She
identifies gaps in implementation and advocates for policy reforms to strengthen child
protection measures. Dr. Bajpai's contributions have significantly informed the discourse on
juvenile justice, guiding efforts to enhance the legal and institutional mechanisms
safeguarding children's welfare.

Dr. Jaishree Gandhi, a distinguished social scientist, has made significant contributions to
understanding child protection issues in India. Her research explores the socio-cultural factors
that contribute to child vulnerability and the impact of globalization on children's rights. Dr.
Gandhi's work often emphasizes the importance of community-based interventions and
culturally sensitive approaches to address the diverse needs of children in India. Her insights
have enriched the understanding of the complex dynamics shaping child welfare policies and
interventions.

Dr. Ved Kumari, a renowned legal scholar, has dedicated her research to analysing juvenile
justice laws in India. Through meticulous examination of legal provisions and judicial
practices, Dr. Kumari identifies challenges in the administration of juvenile justice and
proposes reforms to strengthen child protection measures. Her scholarly contributions have
shed light on the intricacies of juvenile justice systems, guiding efforts to ensure fair and
effective legal interventions for children in conflict with the law.

Dr. Sheela Bhavan, a respected social work researcher, focuses on the intersectionality of
child protection issues in India. Her research centres on understanding the experiences of
marginalized children, including those from lower socio-economic backgrounds, tribal
communities, or with disabilities. Dr. Bhavan's work highlights the unique challenges faced
by these children within the legal system and underscores the importance of tailored
interventions to address their specific needs.

Dr. Kiran Modi, a dedicated child rights activist and psychologist, offers valuable insights
into the psychological dimensions of child protection. Through her research, Dr. Modi
emphasizes the importance of trauma-informed approaches in legal interventions and the
need for child-sensitive justice systems. Her work underscores the critical role of mental
health support in rehabilitating vulnerable children and advocating for their rights within the
legal framework.

Research Methodology

The research methodology employed in this paper adopts a qualitative approach, leveraging
existing scholarly literature and insights from esteemed scholars in the field of child
protection laws in India. Through a systematic review and analysis of the literature, the study
aims to comprehensively examine the topic, discern key themes, and evaluate the efficacy of
prevailing legal frameworks. By synthesizing perspectives from scholars representing diverse
disciplines such as law, social science, and psychology, this interdisciplinary approach
enriches the depth and breadth of the research findings. The methodology prioritizes critical
analysis and interpretation of scholarly viewpoints, facilitating a nuanced understanding of
the complexities inherent in child protection laws. Through this rigorous methodology, the
research endeavours to contribute valuable insights to the discourse on child protection in
India, informing policy discussions and advocacy efforts aimed at enhancing the welfare of
children.

The core child protection legislation for children is enshrined in four main laws: The Juvenile
Justice (Care and Protection) Act (2000, amended in 2015); The Prohibition of Child
Marriage Act (2006); The Protection of Children from Sexual Offences Act (2012), and The
Child Labour (Prohibition and Regulation) Act (1986, amended in 2016).

I. THE JUVENILE JUSTICE (CARE AND PROTECTION) ACT (2000,

AMENDED IN 2015)

The Juvenile Justice Act of 1986's Section 2(a) originally defined a juvenile or child as a
person who has not reached the age of 16 if they are a boy or the age of 18 if they are a
girl. Later, a juvenile or child is defined as “a person under the age of 18 under
Section 2 of The Juvenile Justice (Care and Protection of Children) Act, 2015. A kid in
conflict with the law is defined by the Juvenile Justice Act, 2015 as “a child who is
alleged or determined to have committed an offence and who has not completed eighteen
years of age on the date of such offence.”

Delinquency is typically regarded as deviant behaviour. Simply put, it is an anti-social

behaviour known as delinquency that is typically not normal. Juvenile delinquency is
defined in a legal context as behaviour that violates the law by someone under the
age of 18. However generally, a kid's anti-social and deviant behaviour that occurs before
a certain age is known as juvenile delinquency. According to its etymology, the word
“delinquency” comes from the Latin verb delinquent, which means “to omit.” The term
was first used by the Romans to describe someone who did not complete the task or
obligation that was expected of them. William Coxson is credited with coining the term
“delinquent” in 1484 to characterize a person found guilty of a common offence. The
word was used in Shakespeare's well-known play “Macbeth” in 1605. Delinquency can
be defined as a type of behaviour, or more accurately, misbehaviour or a departure from
the widely recognized norms of conduct in society.6

6
(Sadaf & Punam Kumari Bhagat (n. 1) – just the william coxson part (2.4 JCLJ (2022) 1725
Juvenile Delinquency: A detailed Study)
 The Juvenile Justice Act plays a crucial role in child protection by providing a legal
framework for addressing the rights and welfare of children in conflict with the law and
those in need of care and protection. Initially introduced in 1986, the Act underwent
significant amendments, culminating in the Juvenile Justice (Care and Protection of
Children) Act of 2015. This legislative instrument redefined the age criteria for juveniles,
extending protection to individuals under the age of 18, irrespective of gender.7

One of the key provisions of the Juvenile Justice Act is its delineation of procedural
safeguards for children in conflict with the law, ensuring that their rights are upheld
during legal proceedings. Additionally, the Act seeks to address systemic challenges
within the juvenile justice system, such as delays in adoption processes, high pendency of
cases, and accountability of institutions.

Following the 2012 Delhi Gang-Rape incident, which involved a minor perpetrator, the
Act underwent further amendment in 2015 to allow for the trial of individuals aged 16-18
as adults for heinous crimes. This amendment aimed to address public outcry and ensure
accountability for serious offenses committed by older adolescents.8

Furthermore, recent amendments proposed in the Juvenile Justice (Care and Protection of
Children) Amendment Bill, 2021, aim to strengthen child protection mechanisms at the
district level. By empowering District Magistrates to issue adoption orders and enhancing
the composition and functioning of Child Welfare Committees, the proposed amendments
seek to streamline child protection processes and improve outcomes for vulnerable
children.

Overall, the Juvenile Justice Act serves as a cornerstone in India's efforts to protect the
rights and well-being of children, providing a legal framework that balances
accountability with rehabilitation and prioritizes the best interests of the child. 9

II. THE PROHIBITION OF CHILD MARRIAGE ACT (2006)

Child marriage persists in several parts of the world despite rapid societal changes,
representing a significant violation of human rights and dignity with enduring detrimental

7
23 ALJ (2015-16) 258 Juvenile Delinquency in India: A Socio-Legal Study
8
Mukesh v. State for NCT of Delhi, (2017) 6 SCC 1
9
https://prsindia.org/billtrack/the-juvenile-justice-care-and-protection-of-children-amendment-bill-2021)
 effects on physical, mental, and emotional well-being. Defined as the unlawful union of a
child below 18 years of age, with or without their consent, it is a pressing issue
demanding urgent attention. Recognizing this urgency, the Indian government introduced
the Prohibition of Child Marriage Act, 2006 (PCMA), aimed at raising the minimum
marriage age for women from 18 to 21 years. However, as societal norms evolve,
regulations governing such practices must also adapt.10

In India, efforts to address child marriage date back to the enactment of the Child
Marriage Restraint Act, 1929, during the British colonial era. This legislation aimed to
curb the prevalence of child marriage in the country. Subsequently, the Prohibition of
Child Marriage Act, 2006, replaced the outdated law, reflecting contemporary challenges
and perspectives on the issue.

Child marriage persists as a significant social issue in India, with profound implications
for the rights and well-being of children, particularly girls. Despite legislative efforts and
international commitments, the practice continues to thrive, driven by a complex interplay
of socio-cultural, economic, and gender-related factors. Child marriage, defined as the
marriage of a girl below the age of 18, remains widespread, particularly in rural and
economically disadvantaged communities.

The Prohibition of Child Marriage Act (2006) stands as a key legislative instrument
aimed at addressing this pervasive problem. This Act replaced the outdated Child
Marriage Restraint Act of 1929, providing a more robust legal framework to prevent and
combat child marriage. Its provisions set the legal age for marriage at 18 for females and
21 for males, aligning with international standards and recognizing the importance of
maturity and consent in marital relationships.

One of the significant aspects of the Act is its recognition of child marriage as a
punishable offense. Perpetrators, including those facilitating or solemnizing such
marriages, face stringent penalties, including imprisonment and fines. Additionally, the
Act empowers designated Child Marriage Prohibition Officers to intervene and prevent
child marriages, and to raise awareness about the legal provisions and consequences of
violating them.

10
Sneha Mahawar, Prohibition of Child Marriage (Amendment) Bill, 2021
 Child marriage is violation of basic human rights of a child as because it leads to various
types of abuse such as physical, psychological and sexual abuse. 11 Thus, in order to
eradicate such forms of abuse committed on a child the government of India had brought
the Prohibition of Child Marriage Act, 2006. Under this piece of legislation every child
has a right not to get married in a very tender age that is 18 years for girls and 21 years
for boys12. According to this law a child marriage is a marriage to which either of the
parties is a child13. The act declares child marriage as an illegal activity punishable by
law. The act punishes persons performing, conducting, directing, or abetting any child
marriage, with rigorous imprisonment which may extend to two (2) years and fine which
may extend to one lakh rupees.14 All offences under this act are made cognizable and non
bailable.15

The impact of child marriage on children, particularly girls, is multifaceted and severe.
Early marriage denies girls their right to education, exposes them to health risks, and
perpetuates cycles of poverty and gender inequality. Girls married off at a young age are
often deprived of opportunities for personal development and self-fulfilment, leading to
adverse physical, emotional, and psychological consequences.

Efforts to address child marriage extend beyond legislative measures. Various government
initiatives, such as the National Action Plan and the South Asian Initiative to End
Violence Against Children, aim to prevent and eradicate child marriage through
comprehensive strategies encompassing legal reforms, awareness-raising campaigns, and
community engagement. Additionally, civil society organizations, international agencies,
and grassroots movements play a crucial role in advocating for child rights and
challenging the entrenched norms that perpetuate child marriage.

While the Prohibition of Child Marriage Act (2006) represents a significant step forward
in India's efforts to combat child marriage, its effectiveness hinges on comprehensive
implementation, enforcement, and sustained efforts to address the root causes of the
practice. As India strives towards achieving the Sustainable Development Goals,
including the goal of ending child marriage by 2030, it is imperative to prioritize the

11
Adenwalla, M. (2006). Child Protection and Juvenile Justice System: for Juvenile in Conflict with Law.
Retrived from http://childlineindia.org.in/pdf/CP-JJ-JCL.pdf
12
Section 2(a), The Prohibition of Child Marriage Act, 2006
13
Section 2(b), The Prohibition of Child Marriage Act, 2006
14
Section 10, The Prohibition of Child Marriage Act, 2006
15
Section 15, The Prohibition of Child Marriage Act, 2006
 protection and empowerment of children, particularly girls, to ensure their rights and
dignity are upheld.

III. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT

(2012)

Child sexual abuse is a pervasive issue worldwide, affecting vulnerable and dependent
children who are often exposed to various challenges such as health issues, disciplinary
measures, educational pressures, and sexual exploitation. As the future of any nation
hinges on the well-being and development of its children, safeguarding their rights and
welfare is paramount. In India, where the population reached 1.29 billion as of January 2,
2016, children constitute a significant 39% of the population.16

The Constitution of India recognizes the importance of protecting children's rights and
includes provisions to safeguard their interests. Article 15 of the Constitution specifically
addresses the need for special attention to be given to children, emphasizing the
importance of enacting necessary laws and policies to ensure their protection and well-
being.17

Despite the prevalence of child sexual abuse, it has often been overlooked and neglected
in public discourse.18 Prior to the enactment of appropriate legislation, only cases of rape
against children were recognized as criminal offenses. Other forms of child sexual abuse,
including assault, harassment, offensive behavior, and pornography, were not legally
punishable.19

The Protection of Children against Sexual Offences (POCSO) Act, enacted in 2012, aims
to safeguard children from sexual abuse and exploitation.20 It establishes special courts to
handle cases related to child sexual abuse and adopts child-friendly procedures for
recording evidence, investigating offenses, and conducting trials. Under the POCSO Act,
a "child" is defined as a person below the age of 18 years.21

16
Barath K..Susheel, Mahalakshmi V., January 2016, Legal Implications of POCSO Act, 2012 – An Analysis,
International Journal of Multidisciplinary Research Review. Pp. 155-162
17
Ibid
18
Ibid
19
Reviewing India‟s Protection of Children from Sexual Offences Act three years on,
http://blogs.lse.ac.uk/southasia/2015/12/18/reviewing-indias-protection-of-children-from-sexual-offences-act-
three-years-on/, Accessed on February 12, 2018
20
Child Sexual Abuse: Issues and Concerns, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4557243/,
Accessed on February 09, 2018
21
Ibid
 The Act identifies various sexual offenses against children, including penetrative sexual
assault, trafficking of children for sexual abuse, aggravated penetrative sexual assault,
sexual assault, and using a child for pornographic purposes. 22 The term "aggravated" is
used when the abuse involves a mentally ill child or when it is committed by a person in a
position of trust. Importantly, the Act is gender-neutral and provides protection to every
child from sexual abuse.23

Key provisions of the POCSO Act include mechanisms for reporting abuse, recording
evidence, conducting medical examinations, and ensuring speedy trials. Police officers
handling cases must report them to the Child Welfare Committee within 24 hours, and
they must record the child's statement in the presence of a trusted person. Medical
examinations of the child should be conducted by a female doctor in the presence of a
trusted individual. Special courts are tasked with conducting speedy trials while
protecting the child's identity.24

The Act also outlines punishments for various offenses, ranging from imprisonment to
fines. For example, penetrative sexual assault carries a minimum sentence of seven years,
while aggravated penetrative sexual assault can result in rigorous life imprisonment.
Other offenses, such as non-penetrative sexual assault, sexual harassment, and using a
minor for pornographic purposes, are also punishable under the Act.

Furthermore, the Act emphasizes the importance of providing assistance to child victims,
including interpreters, translators, special educators, and other experts. 25 It also mandates
compensation for medical treatment and rehabilitation of the child. Failure to report an
offense under the Act can result in punishment of six months' imprisonment and a fine.26

Overall, the POCSO Act serves as a comprehensive legal framework to address child
sexual abuse and ensure the protection and welfare of children in India.

IV. THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT (1986,

AMENDED IN 2016)

22
Ibid
23
Ibid
24
Forensic Study on Child Sexual Abuse under POCSO Act, http://ijar.org.in/stuff/issues/v2-i3(3)/v2-i3(3)-
a011.pdf, Accessed on February 10, 2018
25
Moharana ,S.D.,( 2015)Protection of Child against Sexual Offences Act, 2012: An Analytical Study,
International Journal of Academic Research, Pp- 85-92
26
Journal on the Rights of the Child,
https://www.unicef.org/french/adolescence/files/Every_Childs_Right_to_be_Heard.pdf, Accessed on February
10, 2018
 The enactment of the Child Labour (Prohibition and Regulation) Act Amendment of 2016
represents a crucial legislative effort aimed at safeguarding the rights and well-being of
children in India. By addressing the complex issue of child labour, this act seeks to
provide greater protection for vulnerable children and ensure their access to education and
a safe environment.27

1. Prohibition of Child Labour: The primary objective of the act is to prohibit the
engagement of children below the age of 14 in any form of employment, thereby
protecting them from exploitation and hazardous working conditions. By setting a
minimum age for employment and prohibiting child labour in all its forms, the act
establishes a legal framework to prevent the exploitation of children for economic gain. 28

2. Promotion of Education: By aligning with the Right to Education Act, the amendment
recognizes the fundamental right of every child to education. By prohibiting child labour
and emphasizing the importance of education, the act aims to ensure that children have
the opportunity to attend school and receive a quality education, laying the foundation for
their future development and well-being.29

3. Enhanced Legal Protections: The amendment strengthens legal protections for children
by making engaging in child labour a cognizable offence. This means that authorities can
take immediate action to investigate and prosecute cases of child labour, leading to swift
justice for victims and accountability for perpetrators.

4. Improved Enforcement Mechanisms: The act empowers district magistrates to enforce

its provisions effectively, ensuring that employers comply with the law and children are
not subjected to exploitative labour practices.30 By establishing mechanisms for
inspection, monitoring, and enforcement, the act enhances the government's ability to
detect and address instances of child labour.

5. Rehabilitation and Support: The amendment establishes a Child and Adolescent Labour
Rehabilitation Fund to support the rescue and rehabilitation of children engaged in labour.
27
The Child Labour (Prohibition and Regulation) Act, 1986
28
Shantha Sinha- “The New Law Banning Child Labour is No Ban At All ”- The Wire
https://thewire.in/law/unveiling-the-facade-of-the-child-labour-act accessed on 21st May 2021
29
Nishith Desai- “Indian Laws on Child Labour Prohibition
revamped” https://nishithdesai.com/information/news-storage/news-details/article/indias-law-on-child-labour-
prohibition-revamped.htm – accessed on 21st May 2021
30
Ibid
 This fund provides financial assistance for medical treatment, education, and other
support services, helping children transition out of exploitative labour situations and
reintegrate into society.31

6. Compounding of Offences: The act allows for the compounding of offences, providing
a mechanism for offenders to avoid lengthy legal proceedings by paying a fine. While this
may expedite the resolution of cases, it also ensures that offenders face consequences for
their actions and contribute to the rehabilitation of child labourers.32

Overall, the enactment of the Child Labour (Prohibition and Regulation) Act Amendment
of 2016 represents a significant step towards protecting the rights and well-being of
children in India.33 By prohibiting child labour, promoting education, and strengthening
legal protections, the act aims to create a safer and more supportive environment for
children to thrive and reach their full potential.

OTHER RIGHT/ PROTECTIONS TO A CHILD

a. Right To Education

The right to education is a fundamental human right essential for individual freedom and
empowerment. India has committed to providing universal elementary education for all
children up to age 14. Various committees have emphasized the importance of free and
compulsory education of good quality.

In the case of Unni Krishnan v. State of Andhra Pradesh 34, the Supreme Court declared
education up to age 14 as a fundamental right under Article 21 of the Constitution. Article
21(A), added by the 86th Constitutional Amendment Act, 2002, mandates free and
compulsory education for children aged 6 to 14. Additionally, Article 45 imposes a duty
on the state to provide early childhood care and education.

The 86th Amendment also introduced Article 51 A (k), making it a fundamental duty for
parents or guardians to provide education opportunities for children aged six to fourteen.

b. Prohibition of Female Infanticide

31
Ibid
32
Ibid
33
International Programme on the Elimination of Child Labour (IPEC)-“What is child
labour?” https://www.ilo.org/ipec/facts/lang–en/index.htm >- accessed on 21st May 2021
34
Unni Krishnan v. State of Andhra Pradesh 993 AIR 217, 1993 SCR (1) 594, 1993 SCC (1) 645, JT 1993 (1)
474, 1993 SCALE (1)290
 Female infanticide, the killing of newborn female babies and abortion of female foetuses,
underscores the tragic discrimination against girls that begins even before their birth. The
Pre-Natal Diagnostic Technique (Regulation and Prevention of Misuse) Act, 1994 aims to
prevent the misuse of prenatal diagnostic techniques, particularly for detecting genetic,
metabolic, or chromosomal abnormalities leading to female foeticide.

In the case of CEHAT and Others v. Union of India and Others 35, the Supreme Court took
a grave view of female infanticide and directed the Central Government and Central
Supervisory Board (CSB) to raise public awareness against prenatal sex determination.
Additionally, the practice of sex determination at the prenatal stage was criminalized to
combat female infanticide.

c. Prohibition of Child Trafficking

Child trafficking represents one of the most egregious realities globally, including in
India, where children are illicitly and covertly moved across borders for exploitative
purposes, whether sexually or economically. The Constitution of India prohibits human
trafficking and forced labour under Article 23. The Indian Penal Code, 1860, contains
provisions to combat child trafficking, including penalties for kidnapping, selling, or
buying children for prostitution. The primary legislation aimed at prohibiting child
trafficking in India is the Immoral Traffic (Prevention) Act, 1956, which targets the
abolition of trafficking in women and girls for prostitution.

35
CEHAT & Ors. v. Union of India, (2003) 8 SCC 412.
CONCLUSION

India's child protection laws stand as a beacon of hope in safeguarding the rights and
well-being of its youngest citizens. Through legislative measures such as the Prohibition
of Child Marriage Act, the Protection of Children from Sexual Offences Act (POCSO),
and amendments to the Child Labour Act, the country has made significant strides in
addressing pressing issues like child marriage, sexual abuse, and exploitative labor
practices. These laws reflect a commitment to upholding the principles of equality,
justice, and the best interests of the child as enshrined in the Constitution of India.

The enactment of the Right to Education Act ensures that every child has access to quality
education, laying the foundation for their holistic development and future success.
Similarly, laws prohibiting female infanticide and child trafficking demonstrate a
concerted effort to protect the most vulnerable members of society and promote a culture
of respect for human dignity.

Despite these legislative advancements, challenges remain in effectively implementing

and enforcing these laws nationwide. Limited resources, societal attitudes, and gaps in
awareness hinder the full realization of children's rights in India. Therefore, continued
efforts are needed to strengthen enforcement mechanisms, enhance public awareness, and
address systemic issues that perpetuate child exploitation and abuse.

In conclusion, while India's child protection laws represent a significant step forward,
ongoing commitment and collaboration are essential to create a safer and more inclusive
environment for all children to thrive and reach their full potential.
BIBILIOGRAPHY

1. Child Protection, UNICEF, https://www.unicef.org/india/what-we-do/child-

protection# (1986)
2. Dr.N.M.Khirale Associate Professor & Head, Child Rights In India: Issues And
Challenges, Aayushi International Interdisciplinary Research Journal (AIIRJ), Pg 1-5
3. Prasenjit Borkakoti Ph.D Scholar, Department of Juridical Studies, Analysis Of The
Legal Provisions Available For Protection Of Children Against Abuse In India With
Special Reference To Sexual Abuse, International Journal Of Multidisciplinary
Educational Research Issn:2277-7881; Impact Factor :6.514(2020); I c Value:5.16; Isi
Value:2.286, Pg 1-7
4. Journal On Rights of The Child, UNICEF, VOLUME 1 ISSUE I 2016 Pg 5-65
5. Child Protection Laws and Role of Nhrc And Other Agencies, Law Mantra
6. Shubhomoy Sikdar- “Who is a child?”– The Hindu
<https://www.thehindu.com/news/national/who-is-a-child/article3528624.ece>
accessed on 20th May 2021
7. The Child Labour (Prohibition and Regulation) Act, 1986
8. Child Protection Laws in India and Specific Issues with Regard To Them, Law
Mantra
9. Dr.V. Thangavel, The Analysis of Research Review for the Protection of Children
from Sexual Offences Act (POCSO)
10. Dr. Khushboo R. Hotchandani, Every Child Is Special – A Study Of Child Sexual
Abuse And The Law (POCSO) In India, IJCRT | Volume 6, Issue 1 February 2018 |
ISSN: 2320-2882