This article is written by Amritha Priya, pursuing a Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution from Lawsikho.com.

Introduction

Law is a system of rules that were created and enforced through social or governmental institutions to regulate behaviour. It is a system that regulates and ensures every individual or a community adheres to the will of the state. Law is important for a society for it serves as a norm of conduct for citizens. It also provides proper guidelines and order upon the behaviour of all citizens and to sustain equality on the three branches of the government. It intends to keep society running smoothly. Without proper law, there would be chaos and it would be survival of the fittest. If there are no proper rules or laws in a society then every man would be a judge in his own case and also the harmony of the society cannot be achieved. We have moved from a police state to a welfare state by developing laws and bringing about changes in various aspects of our society. Laws play a pivotal role in the administration of justice and as a fuel for judicial equality.  

Law always concentrates on what is right and wrong, lawful and unlawful, rights accomplished with duties, promotion of peace, upholding equality, justice to victims etc. This can be achieved when a society is progressing and accepting changes made to its laws, for example- mandatory education for children below 14 years of age. In order to maintain peace and promote the nation it is very important the citizens adhere to the laws of the land.  

In order to achieve justice everyone should be treated on the same footing. This very principle is also imbibed in the Constitution of India under Art 14- Right to equality. It provides for “Equality before law and Equal protection of laws”. The equality which is equivalent to Dicey’s concept of rule of law (England) and American Equal protection of law is an important fundamental right.  The expression “rule of laws” is derived from a French phrase “la principle de legalite” which means a government based one of law. This article emphases and treats everyone equally without any discrimination. All persons are to be treated equally in the equal circumstances. This right can be claimed anywhere within the territory of India and is also available to both citizens and non-citizens. This applies to both substantive law and procedural law. This article also emphases on “Equals to be treated Equally” which means where a class or group of people are to be treated differently based on the merits of the case they must be treated among the equals, for example- Juvenile Justice Act, Narcotic Drugs and Psychotropic Substances Act etc.  

Article 7 of the Universal declaration of Human Rights states that “All are equal before the law and are entitled without any discrimination to equal protection of the law”.Thus everyone must be treated equally under law irrespective of race, religion, gender, national, origin, colour, ethnicity, religion, disability, or other characteristics without privilege, discrimination or bias.  

In this paper, I would give a brief idea with regards to child laws and why children are to be treated with a special leverage, defence of infancy, few of the increasing child problems and finally the ways in which it could be tackled. It is very important for one to understand child laws because they are the future assets. Also this paper will talk of the new law that was enacted in 2015.  

Laws related to Children in India 

The development index of a country depends on the quality of human resource. Children are the future of this country and thus, there arises a greater responsibility on part of the state to ensure a proper development of children of this country. According to the United Nation Convention on Rights of Child (UNCRD), “a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier”. This gives various countries freedom to fix the age limit in determining who is a child. In India after passing the Juvenile Justice Act (care and protection of children) any person below the age of 18 is considered to be a child as the mental status of a child and adult are different; therefore there is a need to treat them separately under the different purview of law. Hence there are various provisions in our legal system to ensure that children do not suffer any impairment due to the prevalence of similar legal systems. According to Sec 82 of the Indian Penal Code (IPC), nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understating to judge of the nature and danger, section 89 of IPC asserts that nothing which is done in good faith for the benefit of a person under the age of twelve, or of unsound mind, by or by the consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person.  

To ensure that children are not left at the peril of their parents and they are not abandoned Section 317 of IPC lays down that, whoever being the father or mother of a child under the age of twelve years, having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either a term which may extend to seven years; or with fine, or with both. 

According to Section 361 IPC, whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years if female, or any person of unsound mind, out of the keeping of lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Section 363 of IPC provides the punishment for this offence stating that, whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. This ensures the safety of children. 

Section 369 of IPC  laws down whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the persons of such child, shall be punished with a description for a term which may extend to seven years and shall be liable to fine.  

To ensure that children are not kidnapped for the purpose of begging section 363A of IPC asserts that kidnapping or maiming a minor for the purpose of begging is a criminal offence. 

To protect the girl child from sexual offences Section 366A of IPC asserts that whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punished with imprisonment which may extend to ten years and shall also be liable to fine.  

Section 372 of IPC asserts that whosoever sells, lets to hire, or otherwise disposes of any (person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any other person or any other unlawful or illegal purpose, or knowing it to be likely that such person will at any age be) employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years and shall be liable to fine. 

Section 373 of IPC states that whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution, or illicit intercourse with any other person for any immoral purpose or unlawful purpose shall be imprisoned for a term which may extent to ten years and shall be liable to fine.  

The recent criminal law amendment bill also focuses on “Protection of Children from Sexual Offences, Act, 2012” Also inserted section 376 AB which prescribes punishment for rape on woman under the age of twelve years. Punishment is rigorous imprisonment for a term which shall not be less than twenty years but which may extent to imprisonment of life, and with fine or with death. Provided such fine shall be reasonable to meet the medical expenses.  

Section 376 DA is inserted under the amendment bill, punishment for gang rape of a woman below the age of sixteen years. The punishment is imprisonment for life and fine. 

Section 376 DB is inserted under the amendment bill, punishment for gang rape on a woman below the age of twelve years. The punishment is imprisonment for life and with fine or with death.  

Under exception 2 of Section 375, the Supreme Court held that sex with a minor wife is rape and punishable under section 198(6) of Code of Criminal Procedure.  

To ensure that trial of juvenile delinquents is carried out in an amicable manner, Section 27 of the Code of Criminal Procedure (CrPC) asserts the jurisdiction in case of juveniles. It states that any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought the court is under the age of sixteen years, may be tried by the court of a Chief-Judicial magistrate, or by court specially empowered under the Children Act, 1960 or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders. 

The Indian Constitution also has special provisions for the children of the state under Art 21(a) which state that children between the age of six to fourteen should be provided with free and compulsory education. Article 45 of the constitution asserts that the states should provide early childhood care and education to all children below the age of six. Thus we see that the Indian Legal System has indeed made separate provisions in the best interest of its young citizens.  

These are a few laws which the parliament has amended from time to time. Apart from these, there are few other laws which the parliament enacted for the benefit of children and they are:                                                                                       

• Reformatory schools Act was introduced in India in 1897.                         
• The Juvenile court was first introduced in the Madras Children Act 1920, followed by the Bengal Children Act 1922, and the Bombay Children Act 1924, thereafter many Children Acts.                                                                                                               
• In 1923 the Code of Criminal Procedure was amended to provide special procedure for adjudicating criminal cases concerning child offenders.                                                                      
• In the year 1960, The Children Act was passed by the Government of India to function as Model legislation and for use in Union Territories.                                                     
• In 1986 the Juvenile Justice Act was enacted to provide protection, care, treatment, development and rehabilitation of neglected and delinquent juveniles and for the adjudication of certain matters related to the disposition of delinquent juveniles. It repealed all other Children Act and provided for a Uniform legal framework for the Juveniles Justice System throughout the country.                                                   
• The Juvenile Justice Act was re-enacted with some modifications in the year 2000.                                                       
• The Juvenile Justice Act was again enacted in the year 2015 with new modifications.                                                              
• The Protection of Children from Sexual Offences Act 2012 which was also amended in the recent bill of 2018.                                                                                         
• The right of Children to free and compulsory education Act 2009.                           
• Child Labour (prohibition and regulation) Act, 1986 which got amended in 2016.                                        
• Prohibition of child marriage act 2006.                                               
• Guardians and Wards Act 1890.                                                                       
• Hindu Adoption and Maintenance Act 1956.                                            
• Protection of Children from Sexual Offences Act, 2012.                                      

These are few laws the legislatures have passed specially in favour of children. They must be given special treatment as against the normal criminals because they are the future of the nation and they must be corrected and brought back to the right footing. This is the responsibility of the government to ensure proper correction homes and provide them education so that they come as good individuals to the society. This treatment is not only for the Juveniles but also to be given to the other offenders because correction of crimes is important which was first introduced in India by Kiran Bedi, former IPS officer.

INTERNATIONAL TREATIES: The International Labour Organization (ILO) is a United Nations Agency dealing with labour issues, created in 1919. It takes care also of child labour issues with the conventions of 138 and 182. On 20 November 1959 the United Nations 

The General Assembly adopted a Declaration of the Rights of the Child during the Convention on the Rights of the child.  

Child Protection and its Importance  

Child protection is the protection of children from violence, exploitation, abuse and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of home. Child protection systems are a set of usually governmental-run services designed to protect children and young people who are underage and to encourage family stability. UNICEF defines a child protection system as: the set of laws, policies, regulations and services needed across all social sectors – especially social welfare, education, health, security and justice – to support preservation and response to protection – related risks. These systems are part of social protection, and extent beyond it. At the level of prevention, their aim includes supporting and strengthening families to reduce social exclusion, and to lower the risk of separation, violence and exploitation, and to lower the risk of separation, violence and exploitation. Responsibilities are often spread across government agencies, with services delivered by local authorities, non-state providers and community groups, making coordination between sectors and components of effective child protection systems.  

Defence of Infancy  

The defence of infancy is an excuse so that defendants falling within the meaning of an “Infant” are excluded from criminal liability for their actions, if at the relevant time they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offence committed. Under English Common law the defence of infancy was expressed as a set of presumptions in doctrine known as “doli incapax”. A child under the age of seven years was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged seven to below fourteen were presumed incapable of committing the crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and that it was wrong. 

Section 82 of IPC asserts that nothing is an offence which is done by a child under seven years of age. Section 83 of IPC asserts that nothing is an offence which is done by a child above seven years of age and under twelve years, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion. 

In Re, MUSAMMAT AIMONA, In this case, a girl who was aged 10 years was abused by the husband and father-in-law. The husband also attempted to strike her. Two days later while he was sleeping she took a sharp-edged weapon and slit his throat. Later she ran away from the house and was found in the field. He was found the next afternoon only. The court held doli incapax on the demeanour of the girl in the court, her presence of mind and concealment after the act.  

MOHORI BIBEE vs DHARMODAS-  In the instant case a minor entered a contract with the defendants and the defendants had adequate knowledge about the same. The mother of the minor had also informed the defendants not to enter into a contract with his son as he was a minor. Later on the minor son failed to fulfil the contractual liabilities. The aggrieved defendants filed a suit for the same and the suit was dismissed because contract with a minor is void under the Indian Contract Act.  

NIRBHAYA CASE- On December 16, 2012 five men and a juvenile had lured in a 23 years old trainee physiotherapist and her male friend onto a bus in Delhi, where they repeatedly raped the woman and beat both with a metal bar before dumping them on road. The woman died after two weeks with injuries. In this case four of the adults were sentenced to death, while the fifth hanged him-self in prison and the juvenile was sent to remand home for a period of three years. He was released in December 2015. The death sentence of those four accused was again challenged in the court. 

Problems or Offences against Children 

Child labour

Due to economic reasons, especially in poor countries children are forced to work in order to survive. Child labour often happens in difficult conditions, which are dangerous and impair the education of the future citizens and increase vulnerability as to adults. That is the age where children are expected to study and enjoy working in school but unfortunately they are employed in work. This has a very huge impact on their physical and mental conditions. A large number of children are exploited under hazardous work conditions. They are poorly paid for long hours of work they have abandoned their studies to support their family at an age when they are supposed to just play around and have fun. It implies lost or deprived childhood that leads to exploitation of children in various forms: mental, physical, social, sexual etc.  

Causes of child labour: there are many factors some are – poverty, lack of social security, illiteracy, the increasing gap between the rich and poor have adversely affected children more than any other group, population, cheap wages, high cost-of-living, accessibility of goods at lowest possible price, middlemen benefits etc.   

Bonded child labours: sometimes, children are employed against a loan or debt or social obligation by the family of the child. Generally, they are forced to work assisting their families in the agricultural sector, brick kilns, and stone quarries. In urban areas children of migrant workers mostly belonging to low cast groups such as dalits or marginalised tribal sections are pledged to work in small production houses and factories. Bonded child labours are particularly subjected to mental, physical and sexual abuse, sometimes even leading to death. In Orissa, people sell daughters eight to ten years as maid servants to the creditors in order to clear their debts. 

The state of child labours: Children often work in dangerously polluted environments. They work in glass factories, crackers etc and have adverse effects on their health. They work for long hours and even night shifts. Their working conditions are bad and inhumane. These kids are school dropouts or those who haven’t seen school at all. It is hard to know exactly the age and number of children under 5 years of age worked in 2016, but the figure is underestimated because domestic labour is not counted. The 2011 national census of India found the total number of child labours aged 5 – 14 to be around 10.1 million.  

Laws regulating child labour: Apart from the Child Labour (Prohibition and Regulation) Act, 1986 the Indian Constitution has also incorporated various provisions against child labour. They are:                                                                                                 

1) According to Art 24, no child below the age of 14 years shall be employed to work in any factory or in any hazardous employment (but not in non-hazardous industries).                  2) As per Art 39(f), childhood and youth are to be protected against exploitation and against moral and material abandonment.                                                                        3) Art 45 stipulates that the state shall endeavour to provide within a period of 10 years from the commencement of the Constitution free and compulsory education for all children until they complete the age of 14 years.                                                                          The Factories Act 1948 prohibits the employment of children below the age of 14 years in any factory. The Mines Act 1952 prohibits the employment of children below 18 years of age in a mine. The Plantation Labour Act 1951, The Merchant Shipping Act 1958, The Apprentices Act 1961, The Motor Transport Workers Act 1961, The Beedi and Cigar Workers Act 1966, The W.B. Shops and Establishment Act 1963.There are also various laws governing the same like the Indian Penal Code (IPC), Juvenile justice Act (Care and protection of children) 2015, the Child labour (Prohibition and Abolition) Act 1986 which seeks to abolish child labour in India.                                                                              Children (pledging of labour) Act, 1933 declares any agreement by a parent or guardian to pledge labour of a child below the age of 15 years, for payment or benefit other than reasonable wages, is illegal and void. It also provides punishment for such parents or guardians as well as those who employ a child whose labour is pledged. 

Conclusion: Collective efforts are needed on part of the society and the government to put an end to the practice of child labour. Every person in a society should not employ chid labour and not encourage anyone to employ child labour in any work place. There should be a collective effort by both ends to meet the challenges with effective results. Awareness of the same must be delivered to all category people who employee and who send them for employment. The government shall also provide various development schemes and increase the parent income in order to meet out the logical ends. 

Government has also taken initiative in launching schemes like Samagra Shiksha, Mid-day meals, Schemes for Infrastructure development of Private Aided/ Unaided Minority Institutions (IDMI), Strengthening for providing quality education in Madrassas (SPQEM), Saakshar Bharat, State Resource Centre (SER’s), Jan Shikshan Sansthans (JSS’s), Assistance to voluntary Agencies etc. By providing such schemes the government tries to attract people from the lower community, below the poverty line, to send their children for claiming such benefits. Government has also taken steps by enacting the Minimum Wages Act through which a slab rate is fixed for skilled, unskilled workers. This way parents can earn their daily wages and send children to schools established by the government. Normally children are sent to work for earning their livelihood, with such schemes and determination of wages they are attracted towards schooling.  

In order to provide all children their educational right and abolish child labour we citizens must make sure to pay the right taxes to the government, in order to meet the demands of such children. For the development of the nation as a whole, the contribution of citizens is also required.  

Child Marriage 

Age of majority is the threshold of adulthood as recognized or declared in law. That is the age where minority ceases and a person becomes a major. Thus, it terminates the control and legal responsibility of parents or guardians over them. Most of the countries set the age of majority as 18 years. The age of majority does not necessarily correspond to the mental or physical maturity of an individual. Age of majority should not be confused with age of maturity, age of sexual consent, marriageable age, drinking and smoking age, voting age, driving age, right over property etc. This determination is independent and differs in each and every case. For example, the right to vote is guaranteed above 18 years, marriage of a girl is 18 years whereas a boy is 21 years, property rights in few cases are 18 and in few are 21 years, so on etc.  

According to the Indian Majority Act 1875, the age of majority is 18 years. If a male person below the age of 21 or female below the age of 18 are married then such marriage is called as a child marriage. Such marriage is voidable at the option of the parties, even if consent had been obtained by the parents or guardian of such parties. The law has made it mandatory that consent of the parties and age of the parties are important to a marriage. If these are not complied with then such a marriage may terminate at the option of the parties, however if the consent is obtained by fraud, deceit or if the child is enticed away from lawful guardians and if the sole purpose is to use the child for trafficking or other immoral practices then the marriage is void. The Prohibition of Child Marriage Act 2006, envisages preventing child marriage with enhanced punishments of rigorous imprisonment for two years and/or fine of INR 1,00,000/- rupees. This act also provides for appointment of Child Marriage Prohibition officer whose duty is to prevent child marriage and spread awareness of the same.  

The Child Marriage Restraint Act 1929 (amended in 1978). 

The main object of this act is preventing marriage of parties below the age limit prescribed. This act is applicable to entire India, irrespective of caste, creed, language, sex, religion etc. Section 2 of this act prescribes the age of parties for marriage. Any marriage done in contrary to the age prescribed is child marriage. A guardian or parent who conducts or performs such marriage commits an offence under this act and is punishable. The amended act of 1978 lays provision under Section 7 as “offences under this act is a cognizable offence and the police officer the inspector may investigate in the same manner as prescribed for a cognizable offence as prescribed under Code of Criminal Procedure. However, no arrest can be made by the police without a warrant or order of the magistrate. Effects of this marriage on minors may be:                                                                      1) If a marriage is a child marriage under the act then it is not void. The marriage exists and valid but voidable at the option of parties.                                                                2) If a person who contracts, directs, conducts or performs child marriage commits a cognizable offence and is liable to punishment.                                                                3) Under Section 12 of the act a child marriage may be prevented by means of an injunction from the court before such marriage takes place. Violation of such injunction is also punishable.                                                                                                            4) Option of Puberty can be exercised by the wife if the marriage is not consummated. If it is consummated then she must seek for divorce as her personal law prescribes. This is because consummation of marriage is considered as an implied consent to marriage. Option of puberty means when the girl was a minor, her marriage occurred at the consent of her father. 

Reasons of child marriage: there are various reasons for child marriage. Few are: poverty, education of the people in a state, lower status given to a girl child and considering them as financial burden, social customs and traditions, inhuman religious practices etc.  

India is estimated to have over 24 million child brides. 40% of the world’s 60 million child marriage takes place in India according to a National Family Health Survey. India has the 14th highest rate of child marriage in the world, according to the International Centre for research on Woman. Rates of child marriage are high in north-west and low in the south-east of the country. The states with highest child marriage (50% and above) are Bihar, Rajasthan, Jharkhand, Uttar Pradesh, West Bengal, Madhya Pradesh. This has to be stomped out efficiently.  

The government is also working out in bringing about changes in the society by implementing and also amending existing laws in favour of woman. Few are protection of women at the workplace, equal pay for equal work, reservation for women workers in the workplace etc. These are few things that the government has implemented to encourage women workers in the workplace. Child marriage must be avoided by the society at large and shall not be encouraged. Children should not be forcefully deprived of their childhood.

Sex-Selective Abortion, Female Foeticide and Infanticide

When a woman gets a pregnancy terminated voluntarily from a service provider, it is called induced abortion. Spontaneous abortion is when the process of abortion starts on its own without any intervention. It is also called as miscarriage. Before 1971 abortion was criminalized under the Indian Penal Code, under Section 312 abortion was punishable offence. Only if it was done in the event of protecting the woman it was not punishable. Otherwise whoever voluntarily caused a woman with child to miscarriage would face three years imprisonment and with fine. Women who would avail such service would face seven years imprisonment and/or fine. It was in 1960’s when abortion was legalized in 15 countries. The Indian government under the Ministry of health and family welfare in 1964 appointed a committee led by Shantilal Shah to come up with suggestions to draft the abortion laws in India. Recommendations of the given by Shantilal shah committee was accepted in 1970 and introduced the Medical Termination of Pregnancy Bill. This bill was passed in 1971. This act has laid down rules by which one can terminate pregnancy. As per the provisions of the MTP act only the consent of the woman whose pregnancy is being terminated is required. However, in case of a minor below the age of 18 years, or a mentally ill woman, consent of guardian is required for termination. The MTP rules, 2003 prescribe that consent needs to be documented in From C under the Act.  

While MTP act provides a framework for provisions of abortion services, the Pre-Natal Gender Screening Act regulates the misuse of diagnostic techniques for determination of sex of the foetus. Both these acts have their own objectives but still conflict in implementation of both the acts.  

Sex selection is any act of identifying the sex of the foetus and elimination of the foetus if it is of the unwanted sex. This is an offence and a grave loss to the society. Hence the government has enacted the Pre-Conception and Pre-Natal Diagnostic Technique Act, 1994 to stop female feticides and arrest the declining sex ratio in India. Social discrimination of female child and preference to sons has promoted female foeticide. Except for the purpose laid down in the act, ultrasound and amniocentesis shall not be performed by any laboratories. It has also laid down punishment for doctors who perform such tests. This is an offence under the act and is punishable. There is great imbalance in the sex ratio. This should not be encouraged and nourished for a developing society. Government has to spread awareness and conduct camps in order to discourage people from committing such offences.  

Infanticide means killing of new born female child. It is observed that in countries where women are not given equal status or viewed as equals in patriarchal societies, it creates a bias against females. This often looked with sex-selection. This practice is normally prevalent in several nations such as China, India and Pakistan.   

All these are because society prefers male children over the female. It is believed that male child takes responsibility for the family and a female is a burden to a parent. Normally it was believed that a female is merely a liability and son was an asset. Even until 2005 females had no equal right over the property from her parents, but since 2005 Hindu law recognises equal rights for a female child. Equal status must be given to both the gender and laws that have been made stronger in order to protect the interest of female children. All these must be tackled with grave care and should not be encouraged in a society.  

Child Trafficking

Illegal hiring or selling, delivering, receiving or sheltering children for the purpose of any kind of exploitation is child trafficking. Children are kidnapped, made to work as bonded labourers or are forced for early marriages. The victims are also recruited to manufacture weapons, crackers and drugs. Large numbers of children who are being subjected to forced labour, begging, and sexual exploitation etc. This is a violation of human rights. It breaches the child’s mental and physical ability which is primary to every child’s growth. Children lose their childhood and are deprived of their rights at a very small age. The basic rights of a child irrespective of their economic status are robbed from them. 

Traffickers are aware of the fact that children have less developed mental ability to understand wrong and right and are less capable to voice their trauma compared to adults. Hence children are easy to target. Their practice deprives a child growth from education, love and care of parents. Such children are exposed to violence, abuse and traumatic conditions.  

Types of child trafficking: domestic slaves, child labour, bonded labour, sexual exploitation, illegal activities, trafficking of organs, begging, indulging in immoral practice etc. The ratio has been increasing abruptly in the near future. There have been many cases where children just disappear overnight, as many as one every eight minutes according to the National Crime Record Bureau. In some case’s children are taken from their homes to be bought and sold in the markets. In other case’s they are tricked into the hands of traffickers.  

There are various laws made by the legislature some of them are the Indian Penal Code, JJ Act etc. There are also special laws on the same enacted by every state legislative. This is a very dreadful sight where the future assets are being deprived. Such practices would harm the society and nation at large. Consequences of such illegal practice would harm the social peace and therefore these problems need to be tackled with due care and urgency. There is a need to educate and create awareness among people about child trafficking. The laws on child trafficking must be taken on a serious note and must be implemented properly. Otherwise we would be exploiting the next generation towards illegal and immoral methods of living. This would be against the principles of a democratic nation.  Children start learning values, ethics and morals at a very early age, principles of integrity and learning of core values would be developed based on a child exposed to society. If they are exposed with such violence and immoral practices at that age it would be difficult to change their mind set. Psychology plays a vital role in recovery and healing the mental health of the victims. The victims need to undergo proper rehabilitation in the rehabilitation centres. The victims once rescued should be nurtured with love and care by the communities. They should be reunited with their family. The consequences of child trafficking are dreadful. Improving and implementing prevention programs is critical.    

Corporal Punishment

It is also called as physical punishment intended to cause pain on a person. It is normally practiced on minors in home and school. Common methods include spanking, caning, flagellation and paddling. It has also been used on adults, normally the prisoners. There is no legislation in India banning corporal punishment in schools. Different states have however made laws banning corporal punishments. There are three types of corporal punishment namely: physical punishments, emotional punishments and negative reinforcement. Physical Punishments include making children stand as a wall chair, keeping school bags on head, making them stand the whole day in sun, making them kneel down and doing work the whole day in class, tying their hands etc. Emotional punishments include slapping by opposite sex, scolding and humiliating, suspending the child, taunting the child in classroom, isolating them from other children etc. Negative reinforcement includes detention during lunch breaks and breaks, calling parents and asking them to send a explanatory letter, reducing marks, making them sit on the floor or isolating them from other children, making them stand outside the classroom for the entire day, oral warning to give them TC or suspend their classes, giving impositions without reasons, marking on their character, asking them to pay fine etc.  

According to law the legal authorities have the right to hear complaints, try the connection to draw conclusions as liability and penalty. The corporal punishment especially envisages a legal process and appropriate authority to fix the guilt according to established and enforced laws. It is both a civil wrong and a criminal wrong for holding someone guilty and inflicting penalty, without legal authority. In India the education system itself promotes corporal punishments. Teacher assumes a respectful and powerful position. This power includes power to inflict corporal punishment. A PIL was filed by the Parents forum and meaningful education, challenging the provisions of Delhi school rules 1973, which provided for corporal punishments to students. The rule 37 states the form of disciplinary measures may be adopted as detention during the break, for neglect of class work, but no detention shall go beyond class hours, secondly to those students who attained the age of 14 years as fine, expulsion and rustication. It states that corporal punishments may be given by the head of the school in cases of persisting impertinence or rude behaviour towards teachers, physical violence, intemperance and serious forms of misbehaviour with other students. The division bench of Delhi held that it was cruel to subject a child to physical violence in school in name of discipline. Inflicting physical punishment on a child is not in consonance with his right to life guaranteed under Art 21 of the Indian Constitution.  One cannot be deprived of his right because he/ she is young. Even animals are protected from cruelty. Our children  surely cannot be worse than animals, added the court.  

Criminal liability requires malice on part of the teacher. Negligence and unreasonableness can replace malice and make the teacher liable in certain cases for causing injury or grave injury as prescribed under the IPC. The Sections involved are Sec82, Sec88, Sec89 acts done in good faith, Sec319 causing hurt, Sec320 causing grievous hurt, Sec349 using force, Sec350 criminal force, Sec353 assault, these are offences which teachers as well as parents can be prosecuted. Apart from this they can also be penalized under the Juvenile Justice Act, 2015.  

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

This act seeks to achieve the objectives of the UN Convention which was ratified by India on December 11, 1992. It provides for procedural safeguard for children who are in conflict with law. This act seeks to address challenges in the existing act such as delay in adoption processes, high pendency cases, accountability of institutions etc. It also further seeks to address children in the age 16-18 age group, in conflict with laws, as an increased incidence of crimes committed by them have been reported over the past few years.  

The Juvenile Justice Act, 2015 has come into force from Jan 15, 2016 and repeals the Juvenile Justice Act, 2000.  

Few important changes are:                                                                         

1. Changes in nomenclature from “juvenile” to “child in conflict with law”, throughout the act to remove the connotation associated with the word juvenile.      
2. Inclusion of several new definitions such as orphaned, abandoned and surrendered children, petty, serious and heinous crimes committed by children.                                           
3. Clarity on functions authorized by the government to the Juvenile Justice Board and Children Welfare community. It also mandates setting of boards in every district as the requirement may be.                                                                                     
4. Under Sec 15, special provisions have been laid to tackle child offenders committing heinous offences. This section concentrates mainly on offenders between 16 to 18 years. In such cases the jurisdiction lies with the Court of Session. This provision provides for placing children in a place of safety both during and after the trial till they attain the age of 21 years. After the trial either the child is released on probation or sent to the correction homes as the case may be. The law will act as a deterrent for child who has committed a heinous act like rape or murder in order to protect the interest of the victim.                     
5. Chapter VII mainly deals with adoption of orphan, abandoned and surrendered children.                 
6. Inclusion of new offences committed against children like sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child in any military groups, offences against disabled children.                
7. It also mandates for registration of Child Care Institutions.                                   

Many rehabilitation and reintegration measures have been provided for children in conflict with law. It provides for various services including education, health, nutrition, de-addiction, treatment of disease, vocational training, skill development, life educational skills, counselling, sponsorship and foster care including group foster care for placing children in a family environment which is other than child’s biological family, which is to be selected, qualified, approved and supervised for providing care to children. 

Conclusion

There is a well known saying “today’s children are tomorrow’s citizens”. Children are the assets of any nation and if they are exploited then the nation would be adversely affected. Their childhood should not be robbed by anyone. India having the highest youth population must make sure the resources are used fruitfully. The government must also ensure their security and safety. It is also the duty of every citizen to act with due care.  

Only when opinions are voiced out people understand the plight of the affected or minority class. One example is MALALA YOUSAFAZI, she is an activist working for the development and education of women and children in her native SWAT VALLEY, northwest of Pakistan, where Taliban had banned girls from attending schools. Education is the best way to empower and impart knowledge about one’s rights. Hence:                                            

1. The government must take effective steps on the administration of mandatory education.           
2. Rehabilitation homes or the Reform homes must be equipped with good Kinship care.                   
3. The government must make sure the juvenile needs are fulfilled with due care.                                               
4. The juvenile schools must include teachings on ethics and conduct along with education.        
5. Yoga and other activity camps must be included in the correction homes.                                
6. They must also have a check on the mental and physical health of the child.                                  
7. There must be a strict law imposed on traffickers.                                                   
8. We people at large must also ensure that we shall not employ children to work.                           
9. The government shall provide necessary legal aid to the children.                         
10. To formulate an Individual care plan for each and every child based on understanding the child background (family needs, peer and neighbourhood influence, positive influence) needs and interest, through use of appropriate methods including counselling sessions, interaction with child family, home visits, aptitude testing for education and vocational training, and consultation with physical and mental health professionals.
11. Ensuring a feeling of safety and security.                                               
12. Building up values of integrity, honesty, loyalty and implementing a good ethical conduct.                                                                                                   
13. Behaviour modification classes, psychiatric support during the stay in support homes.            
14. Ensure that children accept responsibility and take accountability for the crime they were found to have committed and begin the process of healing and transformation.                             
15. Preparing the child for reintegration into the family and community with skills and a plan to ensure that he/she will not commit crime again.                                         
16. Children must not be treated as prisoners but should be given liberty to accustom to the new changes.                                                                        

These are few changes that must be accepted and brought up for a better nation. I would like to sum up the idea by “only when government and society work hand in hand shall the nation progress”. For a nation to progress young and efficient resources are required. To ensure the same offences against children should be curbed to a maximum extent. This can be achieved when measures are followed strictly with a feeling of brotherhood, rather duty or responsibility. If all of us work towards the change, it can be achieved with no time. Hence educating the educated about child welfare is also as important as educating the illiterate.

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