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CHILD PROTECTION AND WELFARE
LAWS AND LEGISLATURES
Nikita Shrivastava
B.Com LL.B Student , Banasthali Vidhyapith
According to UNICEF ‘child protection’ refers to preventing the violence, exploitation, and abuse against children- including commercial sexual exploitation, trafficking, child labour and harmful traditional practices, such as female genital mutilation/cutting and child marriage.Child protection also targets children who are adversely vulnerable to these abuses, such as living without parental care, in conflict with the law and in armed conflict. Children subjected to violence, exploitation, abuse and neglect are at risk of death, poor physical and mental health, HIV/AIDS infection, educational problems.
Child Protection and Welfare laws and legislation in India
The Protection of Children from Sexual Offenses Act, 2012
In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the ministry of women and child development championed the introduction of the Protection of Children from Sexual Offences Act 2012.
Juvenile Justice (Care and Protection of Children) Act, 2000
The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. The Act comprehensively deals with prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law was brought into compliance with Child Rights Convention 1989, repealed the earlier Juvenile Justice Act of 1986.
The Right of Children to Free and Compulsory Education Act, 2009
This act provides that every child between the age of 6 to 14 years has the right to free and compulsory education. This is stated as per the 86th constitution amendment act via article 21A. It says that government school shall provide free education to all the children and the schools will be managed by school management committee SMC. The private school shall admit at least 25% of the children in their school without any fee.
The Child Labour (Prohibition and Regulation) Amendment Act, 2016
This act amends the Child Labour (Prohibition and Regulation) Act, 1986 by widening its scope against child labour and provides for stricter punishments for violations. The 1986 act prohibits employment of children below 14 years in 83 hazardous occupations and processes. The act has completely banned employment of children below 14 in all occupations and enterprises, except those run by his or her own family, provided that education does not hamper. The act makes child labour a cognizable offence. The act has a provision for creating Rehabilitation Fund for the rehabilitation of children.
Factories Act, 1948
Section 22 of the Act mentions that no young person can be shall be allowed to clean, lubricate or adjust any part of the machine which thereof would expose the young person to risk of injury from any moving part either of that machine or of any adjacent machine. Section 23 of the Act defines that no young person is allowed to be employable on dangerous machines. Section 27 of the Act prohibits employment of children in any part of a factory for pressing cotton in which a cotton-opener is at work.
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