Research Topic

Every councilor must be aware about child rights and child related law in India

Under the Supervision of – Dr. Joyti Dogra Basu

My Mentor cum Associate Professor,
Indian Law Institute Delhi

Submitted by:- Sonu Kumar

B.A LL.B. (Hons.) 6th Sem
Enrolment- CUSB1513125046
 Preface
Training is the systematic development of the Knowledge, Skills and attitude
required by an individual to perform adequately a task or job. It imparts
practical knowledge to an individual which in turn makes work more efficient
and more organized. In present times and age it holds great importance in an
individual’s professional development. And as a part of internship And project
or research work is one of those parts of academics which helps a student to do
research, analyses the subject matter, organize it and then come out with the
fruitful output.

In doing my research work assigned to me it has been a truly great learning

experience where, I explored my strengths and weaknesses and which
facilitated me in coming out with this project work. I also want to add that the
project topic helped me to deep understanding of Child rights and its challenges
not only the context of India but also globally. This project helped the reader to
understand the meaning of child rights very easily. My project will be useful
because it also includes landmark judgments and national policy of government
of India.

I will gratefully welcome any suggestions which my guide deem necessary to

make for the important of research topic.
 Acknowledgement

Gratitude and thanks are a part of formal protocol, which is indeed to be

followed while preparing the project.

Now first of all I would like to express my special thanks of gratitude to my

bonafide mentor Dr. Joyti Dogra Basu Who gave me the golden opportunity
to do this wonderful project on the topic (Every councilor must be aware about
child rights and child related law in India)

which also helped me in doing a lot of Research and I came to know about so
many new things I am really thankful to him.

Secondly I would also like to thank my friends who helped me a lot in finalizing
this project within the limited time frame.

It is also my duty to record my thankfulness to Dr. Devnarayan singh

(Assistant professor of central university of south Bihar) from whom I had
inspiring and helping me in understanding this project.

In the accomplishment of this project successfully many people have best

owned upon me blessings and the heart pledged support, this time I am utilizing
to thank all the people who have been concerned with the project.

Last but not least I would like to thank my parents and siblings for guiding and
motivating me all the time.
 INDEX
S.No. Contents Page
01. Introduction

02. Rights of children under constitution of India

03. Protection under Indian penal code 1860

04. Specific laws and policies for children passed by

parliament of India
05 Summary and objectives of these specific law and
policies
06. National policies for children 2013 and guiding
principle
07. An overview of the protection of children from sexual
offences (POCSO)
08. Landmark Judgement on child rights

09. Child welfare scheme

1. Scheme for education of children
2. Scheme for Rehabilitation
3. Scheme for Health and Nutrition of Children
10. Objective of these scheme and policy

11. CRC and India

12. Role of Counceilor to aware their mass: How to report a

child abuse
13. Conclusion

14. Bibliography
 “Children are like wet cement whatever falls on them makes an impression”

Haim Ginott, child psychologist.

Introduction
It is truly said that the children are like wet cement whatever falls on them makes an
impression thus it is essential to know about their rights and care properly for their better
future and the nation.

According to the United Nations Convention on the Rights of Child, child means a person
male or female who is below 18 years of age. While casting glance over Indian situation, it is
found that, around 440 million are children which constitute around 40 percent of country’s
population. India has high rate of neo-natal deaths which is around 35 percent in the world.
Around 50 percent of child mortality occurs in the country. Keeping in view the problems
and challenges faced by the Indian children, laws have been introduced and various policies
and programmes are being implemented for the welfare of children in India.

The 73rd and 74th Constitutional Amendments were introduced in 1992 and were meant to
facilitate greater decentralization at the rural and urban level respectively. They did so
through providing legal status to local assemblies and entrusting them with greater functions
and powers. The inclusion of certain social categories that had historically been marginalized
from policy making and implementing structures was fundamental to the project of
decentralization.

As of 2011 India census, Delhi Municipal Corporation had a population of 11,007,835. Males
constitute 55% of the population and females 45%. Delhi Municipal Corporation has an
average literacy rate of 87.6%, higher than the national average of 74.0%: male literacy is
91.44% and, female literacy is 83.20%.

It is significant to note that In Delhi Municipal Corporation 13% of the population is under 6
years of age which compels the every counceilor to protect their rights guaranteed under
constitution and other statute moreover it is the responsibility of every counceilor to help
them in order to get all other facilities provided by central government and State government.
 Rights of children under constitution of India
The Indian constitution accords rights to children as citizens of the country, and in keeping
with their special status the State has even enacted special laws. The Constitution,
promulgated in 1950, encompasses most rights included in the UN Convention on the Rights
of the Child as Fundamental Rights and Directive Principles of State Policy. Over the years,
many individuals and public interest groups have approached the apex court for restitution of
fundamental rights, including child rights.

Constitutional Guarantees that are meant specifically for children include:

 Right to free and compulsory elementary education for all children in the 6-14 year
age group (Article 21 A)

 Right to be protected from any hazardous employment till the age of 14 years (Article
24)

 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e))

 Right to equal opportunities and facilities to develop in a healthy manner and in

conditions of freedom and dignity and guaranteed protection of childhood and youth
against exploitation and against moral and material abandonment (Article 39 (f))

 Right to early childhood care and education to all children until they complete the age
of six years (Article 45)

Note:- Besides this Children also have rights as equal citizens of India, just as any other
adult male or female:

 Right to equality (Article 14)

 Right against discrimination (Article 15)

 Right to personal liberty and due process of law (Article 21)

 Right to being protected from being trafficked and forced into bonded labour (Article
23)

 Right of minorities for protection of their interests (Article 29)

 Right of weaker sections of the people to be protected from social injustice and all
forms of exploitation (Article 46)

 Right to nutrition and standard of living and improved public health (Article 47)
 Protection under Indian Penal Code, 1860
The Indian Penal Code by its various sections specifically protects children and their rights.
Some of these sections are:

S.83: 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 understanding to judge of the nature and
consequences of his conduct on that occasion.

S.292 & 293: Selling, distribution, publishing, public exhibition or circulation of obscene
material such as books, magazines, drawings, paintings, etc. is prohibited under Section 292.
Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of
twenty years any such obscene object as is referred to in Section 292, or offers or attempts so
to do, shall be punished more severely.

S.305: Abetment of the commission of suicide of a person below the age of 18 years is
punishable under this section.

S.317: Abandonment or exposure of a child for the purpose of abandonment by any of the
parents or a person having the care of such child is a punishable offence.

S.361: This section deals with punishing offenders who kidnap a child (male if below 16
years of age and female if below 18 years of age).

S.363A: Kidnapping or maiming children for the purpose of begging has been stated to be a
punishable offence under this section.

S.366A: Inducing of a minor girl under the age of 18 years to do any act that may force or
seduce her to illicit intercourse with another person is punishable under S.366A.

S.366B: It is an punishable offence to import a girl under 21 years of age into India from a
country outside India or from Jammu and Kashmir intending that she may be forced or
seduced to illicit intercourse with another person.

S.369: Kidnapping a child under the age of 10 years with the intention to steal from such
child is an offence.

S.372 & 373: Selling, buying or hiring a person under 18 years of age for the purpose of
prostitution or illicit intercourse with any person, or for any unlawful or immoral purpose is a
punishable offence.

S.375: A man is said to commit “rape” if has sexual intercourse with a woman with or
without her consent when she is under the age of 16 years.

S.376: The section provides for stringent punishments if:

  rape is committed by management or staff of Remand Home or any other place of
custody established by law or children’s institution,
 rape is committed upon a woman under 12 years of age,
 gang rape is committed.

S.376C: When the Superintendent or manager of a remand home or any other place of
custody established under law of ‘children’s institution’ induces or seduces a woman into
sexual intercourse by taking advantage of his official position, he is entitled to stringent
punishment under this section.

These sections specifically protect the rights of children. Other sections applicable to punish
offenders for a crime can also be invoked to protect the children against such offenders

Specific laws and policies for children passed by parliament of

India
While all children have equal rights, their situations are not uniform. At the same time,
childhood and the range of children’s needs and rights are one whole, and must be addressed
holistically. A life-cycle approach must be maintained. Keeping this in mind, there are
several national laws and policies that address the different age-groups and categories of
children.

 2017: Standard Operating Procedure for Enforcement of The Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986
 2017: Legal and Policy Framework for Children – An Update
 2017: The Child Labour (Prohibition and Regulation) Amendment Rules, 2017
 2016: The Child Labour (Prohibition and Regulation) Amendment Act, 2016
 2016: Juvenile Justice Rules 2016 Gazette Notification
 2012: The Child Labour (Prohibition and Regulation) Amendment Bill, 2012
 2012: Protection of Children from Sexual Offences Notified Rules – 2012
 2012: Protection of Children from Sexual Offences Act-2012
 2009: The Right of Children to Free and Compulsory Education Act, 2009
 2006: Juvenile Justice (Care and Protection of Children) Act (Amendment, 2006)
 2006: Prohibition of Child Marriage Act
 2002: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)
Amendment Act
 2000: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)
Amendment Act
 2000: Juvenile Justice (Care and Protection of Children) Act (2000)
 2000: Information Technology Act
 1996: Persons with Disabilities (Equal Protection of Rights and Full anticipation) Act
 1994: Transplantation of Human Organ Act
 1992: Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act
 1989: Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act
 1987: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act
 1986: Child Labour (Prohibition and Regulation) Act
 1976: Bonded Labour System (Abolition) Act
 1974: National Policy for Children
 1960: Orphanages and Other Charitable Homes (Supervision and Control) Act
 1956: Probation of Offenders Act
 1956: Immoral Traffic (Prevention) Act (amended in 1986)
 1956: Hindu Adoption and Maintenance Act 1956
 1948: Factories Act (Amended in 1949, 1950 and 1954)

Summary and Objective of these Specific law and policies

1. Child Marriage Restraint Act, 1929 (Amended in 1979): It restraints child

marriage until the minimum age, i.e. 21 for male and 18 for female, has been attained
by them. It applies to the people of all the religions.
2. Immoral Traffic (Prevention) Act (Amended in 1986), 1956: This act with respect
to children deals with person(s) who procure or attempt to procure any child for
prostitution or person(s) who are found with a child in a brothel (it is presumed child
has been detained for the purpose of prostitution) and punishes them. It also provides
for the due care of rescued children.
3. National Policy for Children, 1974: It is the first written policy for the children in
India. It aims at providing better enforcement of constitutional rights of the children
along with those granted by the CRC. Some of the provisions include free education,
comprehensive health and nutritious plans, etc. The National Policy for Children,
1974 recognized that programmes for children should find prominent place in national
plans for the development of human resources, so that children grow up to become
robust citizens, physically fit, mentally alert and morally healthy, endowed with the
skills and motivations provided by society.
4. Bonded Labour System (Abolition) Act, 1976: The act aims at eradicating the
bonded labour system in India which exploits the weaker sections of society,
especially children.
5. Child Labour (Prohibition and Regulation) Act, 1986: This act regulates the
working conditions for children in employment and prohibits working of children in
certain kinds of employments.
6. National Policy on Education, 1986: The policy is extensive in nature and
elementary; university and adult level education, all fall under its scope. It tries to
remove inequality by making special provisions for women and other weaker sections
of society such as Schedule Castes, Schedule Tribes, etc.
7. Juvenile Justice (Care and Protection of Children) Act, 2000: This act is one of
the important acts in India for the children in need of care and protection and also
 children in conflict with the law. It requires that the state provides free legal support
to the juveniles, and proper care and protection is provided to those in need. It also
calls for a child-friendly approach in adjudication and disposition of matters involving
children.
8. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)
Amendment Act, 2000: The main objective of the Act is to regulate and prevent the
pre-natal sex determination in order to prevent female foeticide.
9. National Health Policy, 2002: This is the second National Health Policy, after the
first in 1983. The policy provides for Universal Immunization Programmes, health
care related education in schools and free regular health checkups at schools etc.
10. Protection of Children from Sexual Offences Act, 2012: The act aims at punishing
the offenders who are guilty of sexual offences against children below the age of 18
years of age. It also lays down procedures for the trial, such as, the name of child
victim shall not be disclosed, proceedings of the case are to be conducted in court
with cameras recording the trial, accused is not to be kept in-front of the child victim
during examination or cross-examination, etc.
11. National policy for children 2013: To affirm the Government’s commitment to the
rights based approach in addressing the continuing and emerging challenges in the
situation of children, the Government of India hereby adopts this Resolution on the
National Policy for Children, 2013 Recognizing that:-

(1) a child is any person below the age of eighteen years;

(2) Childhood is an integral part of life with a value of its own;

This Policy is to guide and inform all laws, policies, plans and programmes affecting
children. All actions and initiatives of the national, state and local government in all sectors
must respect and uphold the principles and provisions of this Policy.

 Key priorities

Survival, health, nutrition, development, education, protection and participation are the
undeniable rights of every child and are the key priorities of this Policy.

 Guiding Principles

(i) Every child has universal, inalienable and indivisible human rights.

(ii) The rights of children are interrelated and interdependent, and each one of them is equally
important and fundamental to the well-being and dignity of the child

(iii) Every child has the right to life, survival, development, education, protection and
participation

(iv) Right to life, survival and development goes beyond the physical existence of the child
and also encompasses the right to identity and nationality

(v) Mental, emotional, cognitive, social and cultural development of the child is to be
addressed in totality
(vi) All children have equal rights and no child shall be discriminated against on grounds of
religion, race, caste, sex, place of birth, class, language, and disability, social, economic or
any other status

(vii) The best interest of the child is a primary concern in all decisions and actions affecting
the child, whether taken by legislative bodies, courts of law, administrative authorities,
public, private, social, religious or cultural institutions

(viii) Family or family environment is most conducive for the all-round development of
children and they are not to be separated from their parents, except where such separation is
necessary in their best interest;

(ix) Every child has the right to a dignified life, free from exploitation

(x) Safety and security of all children is integral to their well-being and children are to be
protected from all forms of harm, abuse, neglect, violence, maltreatment and exploitation in
all settings including care institutions, schools, hospitals, crèches, families and communities

(xi) Children are capable of forming views and must be provided a conducive environment
and the opportunity to express their views in any way they are able to communicate, in
matters affecting them

(xii) children’s views, especially those of girls, children from disadvantaged groups and
marginalized communities, are to be heard in all matters affecting them, in particular judicial
and administrative proceedings and interactions, and their views given due consideration in
accordance with their age, maturity and evolving capacities

An Overview of the Protection of Children from Sexual Offences

(POCSO) Act, 2012
The Act is a comprehensive law to provide for the protection of children from the offences of
sexual assault, sexual harassment and pornography, while safeguarding the interests of the
child at every stage of the judicial process by incorporating child-friendly mechanisms for
reporting, recording of evidence, investigation and speedy trial of offences through
designated Special Courts. The Act is gender neutral in nature and defines a child as any
person below eighteen year of age and is gender-neutral. The Act identifies six types of
sexual offences namely:

 Penetrative Sexual Assault (Sec. 3)

 Aggravated Penetrative Sexual Assault (Sec. 5)
 Sexual Assault (Sec. 7)
 Aggravated Sexual Assault (Sec. 9)
 Sexual Harassment (Sec. 11)
 Using child for Pornographic Purposes (Sec. 13)

The Act deems a sexual assault to be “aggravated” under certain circumstances, such as when
the abused child is mentally ill or when the abuse is committed by a person in a position of
trust or authority vis-à-vis the child, a family member, police officer, teacher or doctor.
People who traffic children for sexual purposes are also punishable under the provisions
relating to abetment in the Act. The Act prescribes 3 stringent punishment, graded as per the
gravity of the offence, with a maximum term ofrigorous imprisonment for life, and fine. In
keeping with the best international child protection standards, the Act also provides for
mandatory reporting of sexual offences. This casts a legal duty upon a person who has
knowledge that a child has been sexually abused to report the offence, if he fails to do so, he
may be punished with six months’ imprisonment and/ or a fine.

The Act calls for a role of child protectors among others, for the police as well, during the
investigative process, makes provision for the medical examination of the child in a manner
designed to cause as little distress as possible and provides for Special Courts that conduct
the “in-camera” trial and without revealing the identity of the child, in a child-friendly
manner. The achievement of these objectives requires a coordinated response of all the key
players, specially the District Child Protection Unit (DCPU). In short, the Act recognises
almost every known form of sexual abuse against children as punishable offences, and makes
the different agencies of the State as collaborators in securing justice for a sexually abused
child

Landmark Judgements on child rights in India

 P. Unni Krishnan vs. State of Andhra Pradesh1

In this case Right to education was included under the right to life by the Hon’ble Supreme
Court of India. The court observed that ‘education is a preparation for a living and for life’
and thereafter concluded with the statement ‘we hold that every citizen has a “right to
education” under the Constitution. The State is under an obligation to establish educational
institutions to enable the citizens to enjoy the said right.’

 M.C. Mehta vs. State of Tamil Nadu2

In this case Supreme Court has considered the constitutional perspective of abolition of child
labour in the notorious Sivakasi Match industries the court has issued detailed directions to
eradicate the practice of employing children below the age of 14 years in this hazardous
industry. Moreover Employers of children in matchsticks and crackers factory were punished
with fine of Rs.20,000 for every child employed in contravention of the provisions of the
Child Labour (Prohibition and Regulation) Act. Such children were directed upon
discontinuation of their employment to be assured education in a suitable institution by the
state government.

 Bandhua Mukti Morcha vs. Union of India3

1
1993 SCC (1) 645
2
1996 SCC (6) 756
3
AIR 1984 SC 802
Bandhua Mukti Morcha is an organisation that works for the release of bonded labourers in
India. They sent a letter to the Supreme Court regarding bonded labour going on in Faridabad
district of Haryana in ‘inhuman and intolerable conditions’. The court converted the letter
into a writ petition and after confirmation by the investigating team appointed by the court of
the existence of the said bonded labour system, the court directed:

 The State Governments to constitute Vigilance Committees in each district and its
sub-divisions.
 The District Magistrate to take up as top priority the task of identification of bonded
labour.
 The State Government to concentrate on rehabilitation of bonded labour and evolve
effective programmes for this purpose.

 Lakshmi Kant Pandey vs. Union of India4

In this case the petition was initiated through a letter by Lakshmi Kant Pandey accusing
the social organizations and voluntary agencies involved in work of offering Indian
children for adoption to foreign parents of malpractices. The Supreme Court after due
investigation laid down certain safeguards to be followed during inter-country adoptions:

 Every application from a foreigner desiring to adopt a child must be sponsored by a

social or child welfare agency recognised or licensed by the government of the
country in which the foreigner is resident.
 The Government of India shall prepare a list of social or child welfare agencies
recognised or licensed for inter-country adoption.
 The social or child welfare agency sponsoring the adoptive foreign parent must
conduct a home study through a professional worker. The home study report should
contain particulars, such as the personality of husband and wife, description of the
home, relationship with community, accommodation for the child, etc.
 Progress reports must be sent to the concerned social or child welfare agency in India
in respect of the child until the adoption is effected by the social or child welfare
agency sponsoring the adoptive parent.
 Only social or child welfare agencies recognised or licensed by the government of
India can process an application from an adoptive foreign parent. Private adoptions
conducted by unauthorised individuals or agencies are prohibited.
 Central Adoption Resource Agency (CARA) suggested to be established to act as a
clearing-house for information regarding the children available for inter-country
adoption.
 The social or child welfare agency which is looking after the child selected by a
prospective adoptive foreign parent may legitimately receive maintenance expenses
from such adoptive parents, not exceeding Rs. 60/- per day. Unreasonable demands
made by social or child welfare agencies as maintenance charges and medical
expenses are not appreciated and require curtailment.

4
[1984] 2 SCR 795
  An application for adoption by adoptive foreign parents is to be placed before the
High Court or the District Court, and the same is to be scrutinised by a Scrutinising
Agency, such as the Indian Council of Child Welfare or the Indian Council for Social
Welfare. Appropriate orders will be passed by the Court based on the report of the
Scrutinising Agency.
 In case the biological parents of the child being given in adoption are known, they
should be helped to understand all the implications of adoption, including adoption by
a foreigner and prohibition on them contacting the child in future. A period of three
months must be given to the biological parents to reconsider their decision. Once the
decision is taken and not reconsidered, the decision to give the child in adoption is
irrevocable and the procedure for adoption may commence.
 Great care has to be exercised in permitting the child to be given in adoption to
foreign parents to avoid abandonment of the child by the adoptive parents, moral or
sexual abuse or forced labour of the child, and to avoid the child to be placed in a
worse situation than that in his country.
 This judgment mainly relates to destitute or abandoned children offered for adoption,
and not to children living with biological parents.

Child welfare scheme

 Schemes for Education of Children

The Right of Children to free and Compulsory Education (RTE) Act came into force in the
year 2010 which provides the right of children to free and compulsory education in the
neighborhood school which are to be established within 3 years time period. The provisions
relating to school infrastructure and Pupil Teacher Ratio (PTR), training to untrained
teachers, quality interventions are prescribed under the Act. The Sarva Shiksha Abhiyan
Scheme (SSA) aims to provide free and compulsory elementary education to all children in 6-
14 age. The scheme provides school infrastructure and quality improvement in education of
the children. The objectives of the scheme is that all children to be in school and universal
retention by 2010, bridging all gender and social gaps at primary stage by 2007 and at
elementary education level by the year 2010. The Government of India is committed to
realize the goal of universalisation of elementary education by 2010.

The Kasturba Gandhi Balika Vidyalaya Scheme enables opening of special residential
schools for the girl child belonging to Scheduled Castes, Scheduled Tribes, other backward
classes and minority in educationally backward areas having low female literacy.

The Schemes for Providing Quality Education in Madrasas (SPQEM) is launched to bring
qualitative improvement in the Madrasas to enable Muslim children to attain educational
standard as per the national education system.

 Schemes for Rehabilitation

The Integrated programme for Street Children by the Ministry of Social Justice and
Empowerment seeks to prevent destitution of children who are without homes and family ties
and are vulnerable to abuse and exploitation. The programme rehabilitates these children and
facilitates their withdrawal from life on the streets.

The Integrated Programme for Juvenile Justice seeks to provide care and protection to the
children in difficult circumstances and in conflict with laws. The special features of the
scheme include establishment of a National Advisory Board on Juvenile Justice, creation of
Juvenile Justice Fund, training of judicial, administrative police and NGOs responsible for
implementation of JJ Act brings quality improvement in existing infrastructure, expanding
non-institutional services like sponsorship and foster care as an alternative institutional care.

The Child helpline is a toll free telephone service (1098) which is run with the support of
Women and child Development Ministry and is working in 72 cities across the country.
Anyone can call for assistance for the interest of children.

The Elimination of Child Labour Programme implemented by the Ministry of Labour,

Government of India sanctions rehabilitation of working children and elimination of child
labour. The National Child Labour Projects (NCLPs) have been set up in different areas to
rehabilitate child labour. Under the NCLP special schools have been established to provide
non-formal education, vocational training and supplementary nutrition to children withdrawn
from employment.

The Shishu Greh Scheme is being implemented by the Ministry of Women and Child Welfare
to promote adoptions of abandoned/ orphaned/destitute children within the country and
ensure minimum standards of care for children. The Scheme for Welfare of Orphan and
Destitute Children is a centrally sponsored scheme under Ministry of Women and Child
Development. The main objective of the programme is to provide shelter, health care and
nutrition, education and vocational guidance to orphaned and destitute children within age
group up to 18 years for boys and up to 25 years for girls.

In addition to this three pilot projects have been implemented to Combat Trafficking of
Women and children are i) Combat trafficking women and children for commercial sexual
exploitation under sanction of tradition ii) Combat trafficking of women and children for
commercial, sexual exploitation in source areas and iii) Combat trafficking of women and
children for commercial sexual exploitation in destination areas.

 Schemes for Health and Nutrition of Children

The Pulse Polio Immunization Programme implemented by the Ministry of Health and
Family Welfare covers all children below five years of age. The programme covers 166
million children in every round of National Immunization Day.

The Reproductive and Child Health Programme is being implemented by the Ministry of
Health and Family Welfare which provides effective maternal and child health care, micro
nutrient interventions for vulnerable groups, reproductive health services for adolescent etc.
 Objective of these Scheme and policy
 Reducing Infant Mortality Rate.
 Reducing Maternal Mortality Rate
 Reducing Malnutrition among children
 Achieving 100 percent civil registration of births
 Universalisation of early childhood care and development and quality education for
all children;
 Achieving 100 percent access and retention in schools including pre-schools;
 Complete abolition of female feticide, female infanticide and child marriage and
ensuring the survival, development and protection of the girl child;

CRC and India

Apart from the constitution, Indian penal code and other Statute/policy of government of
India As a counceilor (representative of certain number of mass) it is essential to know the
CRC, Adopted by the United Nations in 1989, the CRC is an international agreement legally
binding on the parties signatory to it. It has incorporated in its various articles rights of
children without any discrimination whatsoever. It was ratified by India on 11 December
1992. It has a preamble setting out different principles the CRC is built upon.

It is based on four basic principles:

1. Non-discrimination (Article 2)

2. Best Interest of the Child (Article 3)

3. Right to Life Survival and Development (Article 6)

4. Right to be Heard (Article 12)

The provisions of the CRC have been categorised as:

1. PART I (Article 1-41): It sets out the rights of children and obligations of
governments. The rights can further be categorised as:

o Survival Rights: the right to life of child and access to basic necessities to
existence such as adequate food, shelter, standard of living and medical
requirements.

o Development Rights: the right to education, to practice the religion of own

choice and cultural activities, freedom of thought and conscience, to play and
leisure and to access to information.

o Protection Rights: rights that protect children from abuses which may be
consequential to several kinds of circumstances, such as children subject to
 procedures of criminal justice system, children in employment, children who
are refugees, children who have undergone abuse or exploitation.

o Participation Rights: rights of children to participate in activities of the

society, especially matters that may affect their life, to assemble peacefully
and to join associations.

2. PART II (Article 42-45): It contains provisions regarding implementation of the

provisions of the CRC.

3. PART III (Articles 46-54): It includes provisions for signing the convention by
parties and rules and procedures thereafter for the purpose of ratification,
enforceability, amendment, denouncement, etc. of the convention.

Three Optional Protocols to the CRC have been introduced which are:

 Optional Protocol to CRC on Sale of Children, Child Prostitution and Child

Pornography.

 Optional Protocol to CRC on the involvement of Children in Armed Conflict.

 Optional Protocol to the Convention on the Rights of the Child on a Communications

Procedure.

Note:- As of now India has not signed the third optional protocol.

Role of counceilor to aware their mass: How to report a child

abuse
Awareness regarding child rights is the first step to ensure the justice, as majority of the
children and their parents are oblivious from child abuse and its consequences. Here the role
of Councillor becomes prime to deal this matter very sharply and intelligently.

 The first and foremost step to be taken for a child in distress is giving moral support
to him or her. It is essential for children to be supported and brought back into their
comfort zone if they have been subjected to abuse.

 Police may be contacted on their helpline number, i.e., 100 for immediate assistance.
Thereafter, a complaint can be made with the Police by lodging a FIR at the nearest
Police Station.

 The Police, upon lodging of the FIR, starts the investigation if such cognizable
offence as reported was committed under the jurisdiction of the Police Station where
FIR was lodged.

 If the cognizable offence was not committed under the jurisdiction of the said Police
Station, the police shall register a zero FIR and send it to the Police Station having
 jurisdiction over the matters of the place where the offence was committed. The
Police Station with appropriate jurisdiction commences the investigation.

 Photographs or video clips or voice recordings of the child abuse may be taken as
evidence and shared with Police in order to strengthen the case against the accused.
Such kind of evidence shall not be circulated, transmitted or made available to anyone
except the authorities or the court (for the purpose of proof) in cases relating to sexual
offences against the children and identity of the victim shall not be disclosed to the
public or unauthorised people.

 If it so happens the police station refuses to lodge an FIR or to record any

information, a copy of such information shall be sent to the Superintendent of the
Police or the Assistant Commissioner of Police in writing, along with the statement
that the approached Police Station refused to lodge the FIR or record the information
in question. A copy of the writing must also be sent to the Commissioner of Police,
the Deputy Commissioner of Police and the Senior Police Inspector.
 Conclusion

Caring and nurturing of children entails commitment, concentration and efforts in order that
they grow into healthy citizens of the country. The State owes to itself, the responsibility for
care, nurture and growth of its citizens. The State has mandate to proactively promote the
well-being of its citizens by adopting measures for the welfare of its citizens. Children, who
constitute almost 41 per cent of total population of the country, are an important entity for the
State. The Preamble of Constitution of India declares JUSTICE, social, economic and
political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status
and of opportunity. The agenda is set in the Directive Principles of State Policy and rights of
all citizens are guaranteed as Fundamental Rights.

Despite the above, the stark reality is that in our country like many others, children are
exploited lot. Child labour is a big problem and has remained intractable, even after 70 year
of independence

In last, It would be appropriate to apprehend the sentiment of an child and every counceilor
of Delhi municipal corporation will have to listen their pray:- "I am the child’’ All the world
waits for my coming. All the earth watches with interest to see what I shall become.
Civilization hangs in the balance, For what I am, the world of tomorrow will be. I am the
child.

You hold in your hand my destiny. You determine, largely, whether I shall succeed or fail, I
pray you, these things that make for happiness. Train me, I beg you, that I may be a blessing
to the world.
 Bibliography
Books:-

1. Indian Penal Code

K.D. Gaur
5th Edition, Universal Law Publishing, Lexis Nexis, Haryana

2. The Indian Penal Code

Bare Act, 2016
Universal Law Publishing, Lexis Nexis, Haryana

3. Constitution of India 1950 by P.M Bakshi

Bare Act 2016.
4. Child rights in India Challeneges and social action by Geeta Chopra
Springer Nature; 1st edition 2015

Websites:-

1. http://www.wcd.nic.in/
2. http://www.mcdonline.gov.in/
3. www.manupatra.com
4. www.indiakanoon.com
5. http://nhrc.nic.in/Documents/Publications/ChildrenRights.pdf
6. http://haqcrc.org/child-rights/constitution-of-india/
7. https://blog.ipleaders.in/child-rights-in-india/

Other Resources:-

1. Newspaper
a.) The Hindu
b.) The Indian express
2. Library Catelogs
3. Others.