Professional Documents
Culture Documents
Constitutional Provisions
There are several constitutional provisions for children. These include the following :
Article 14 provides that the State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.
Article 15(3) provides that, Nothing in this article shall prevent the State for making any
special provision for women and children.
Article 21 provide that no person shall be deprived of his life or personal liberty except according
to procedure established by law.
Article 21A directs the State shall provide free and compulsory education to all children of the
age of six to fourteen years in such manner as the State may, by law, determine.
Article 23 prohibits trafficking of human beings and forced labour. Article 24 prohibits employment of children below the age of fourteen years in factories, mines
or any other hazardous occupation.
Article 25-28 provides freedom of conscience, and free profession, practice and propagation of
religion.
Article 39(e) and (f) provide that the State shall, in particular, direct its policy towards
securing to ensure that the health and strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength and that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material
abandonment.
Article 45 envisages that the State shall endeavor to provide early childhood care and education
for all children until they complete the age of six years.
Legislations
There are several Legislations pertaining to children. These include the following: 1. The Child Marriage Restraint Act, 1929. 2.The Child Labour (Prohibition and Regulation) Act, 1986. 3.The Juvenile Justice (Care and Protection of Children) Act, 2000. 4.The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. 5.The Pre-Conception and Pre-natal Diagnostic Technique(Prohibition of Sex Selection) Act, 1994. 6.The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 7.The Immoral Traffic (Prevention) Act, 1956. 8.The Guardian and Wards Act, 1890. 9.The Young Persons (Harmful Publications) Act, 1956. 10. The Commissions for Protection of Child Rights Act, 2005
RECENT INITIATIVES
The Commissions for Protection of the Child Rights Act 2005 was enacted by The Government of India recently.The Act envisages setting up a National Commission at the National level and the State Commissions at the State level. The Commission is set up for proper enforcement of childrens rights and effective implementation of laws and programmes relating to children. The National Commission for Protection of Child Rights is a statutory body which is set up under the Commissions for Protection of Child Rights Act. The Commission consists of a Chairperson and six other Members, including two women members, a Member Secretary and other supporting staff. The Chairperson shall be a person of eminence in the field of child development. The members shall be the experts in the field of child health,
education, child care and development, juvenile justice, children with disabilities, elimination of child labour, child psychology or sociology and laws relating to children. The officers and the staff of the Commission shall be provided by the Central Government. The Commission isset up for proper enforcement of childrens rights and effective implementation of laws and programmes relating to children.
iii. non-compliance of policy decisions, guidelines or and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and Such other functions as it may consider necessary for the promotion of child rights.
5.issuing commissions for the examination of witnesses and documents. 6.forwarding any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused 7.recommending to the concerned Government or authority the initiation of proceedings for prosecution or such other action as deem fit against the concerned person/s 8. approaching the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary; 9.recommending to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission consider necessary.