Main Child Rights Acts & Rules
Commissions for Protection of Child Rights Act-2005
A right is as an agreement or contract established between the persons who hold a right (often referred to as the "rights-holders") and the persons or institutions which then have obligations and responsibilities in relation to the realization of that right (often referred to as the "duty-bearers".) Child rights are specialized human rights that apply to all human beings below the age of 18.
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Rights of Children to Free and Compulsory Education Act-2009.(RTE Act)
The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) describes the modalities of the importance of free and compulsory education for children between the ages of 6 to 14 years in India under Article 21a of the Indian Constitution. It requires all private schools (except the minority institutions) to reserve 25% of seats for the poor and other categories of children (to be reimbursed by the state as part of the public-private partnership plan). Children are admitted in to private schools based on caste-based reservations.
Protection of Children from Sexual Offences Act-2012 (POCSO Act.)
The protection of children from sexual offences 2012(POCSO Act) provided to protect children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process, by in corporating child-friendly mechanisms for reporting recording of evidence, investigation and speedy trial of offences through designated special Courts POCSO Act 2012, provides a comprehensive definition of all sexual crimes and sexual exploitation of children. Section 40 of POCSO. Act provides for free legal assistance during trial. Section 19 of POSCO Act provides that when SJPU/local police is satisfied that the child victim is in need of care and protection immediate arrangements to provide him care and protection(including admitting the child into shelter home or to the nearest pospital) within 24 hours of the report after recording the reasons in writing make. Further Section 19(6) of POCSO Act provides that the local police or the SJPU should report to the CWC within 24 hours of receiving information.
Juvenile Justice (Care and Protection of Children)Act.
The Juvenile justice (Care and Protection of Children) Act, consolidate and amend the law relating to children alleged and found to be a conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto. The juvenile Justice (Care and Protection of Children) Act 2015 also provides a comprehensive legal framework for protection of children whether in need of care and protection (CNCP) or in conflict with law (CCL). The act lists the following offences against children which are punishable with imprisonment and / or fine under JJ Act, 2015: Disclosure of identity of children – imprisonment upto 6 months or fine upto Rs. 2.00 Lakh or both (Section 74). Cruelty – imprisonment upto 3 years or with fine of Rs. 1.00 Lakh or with both. Employment for begging – imprisonment upto 5 years and fine of Rs. 1.00 lakh. In certain circumstances, it is punishable with rigorous imprisonment upto 10 years and fine of Rs. 5.00 lakh (Section 76). Giving intoxicating liquor or narcotics drugs or psychotropic substance- imprisonment upto 7 years and fine upto Rs. 1.00 lakh (Section 77 read with Rule 56). Exploitation of child employee – rigorous imprisonment upto 5 years and fine of Rs. 1.00 lakh (section 79_). Adoption without following prescribed procedure – imprisonment upto 3 years or with fine of Rs. 1.00 lakh or with both (Section 80) Sale and procurement of children for any purpose – rigorous imprisonment upto 5 years and fine of Rs. 1.00 lakh. In certain circumstances, the punishment is imprisonment upto 7 years (Section 81 read with Rule 59). Corporal punishment in CCIs – first conviction with a fine of Rs 10,000/- and for every subsequent offence with imprisonment upto 3 months or fine or with both. In certain circumstances, it is punishable with imprisonment upto 3 years and fine of Rs. 1.00 lakh (Section 82 read with rule 60). Use by militant groups or other adults – rigorous imprisonment upto 7 years and fine Rs. 5.00 lakh. (Section 83). Kidnapping and abduction – Sections 359 to 369 of the Indian Penal Code shall mutatis mutandis apply. (Section 85). Offences committed on disabled children – are punishable with twice the penalty provided for such offence (Section 85).
Prohibition of Child Marriage Act-2006.
The Prohibition of Child Marriage Act-2006 contains: Child: A child is a person who has not completed 21 years in case of male and 18 years in case of female Either of the parties whose marriage is or is about to be solemnized. Child marriage: A marriage to which either party is a child. Voidable marriage: (Section 3 ) Every child marriage is voidable at the option of the contracting party who was child at the time of solemnization of marriage. A Decree of nullity can be obtained by such person by filing petition before the District court for annulment of marriage within 2 years after attaining majority. While granting a decree, the district court shall make an order directing both parties and their parents or guardians to return to the other party, money, gold, ornaments, gifts and other valuables.
Child Labour (Prohibition and Regulation) Act-1986.
The Child labour (Prohibition and Regulation Act, 1986(61 of 1986) is an act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto. It further provides that no such work shall be under taken which effect the school education of the child. Sub section 3 of the Act prohibit employment of children in any occupation and process:- No child shall be employed or permitted to work in any occupation or process. Nothing in sub-section (1) shall apply where the child helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed