UNIT 5: CHILDREN AND LAW

• Child Labour, Child Labour (Prohibition and Regulation) Act, 1986;

• Legal Protection against Sexual Exploitation;
• Adoption of children and related problems; Juvenile Justice (Care and
Protection) Act, 2000;
• Offenses against children under Indian Penal Code.
 The Declaration of the Rights of Child, 1959
Declaration of the Rights of the Child, 1959 was adopted by the United Nations
General Assembly. The rights of the children were defined for the first time by the
Declaration of the Rights of Child, 1959. The Declaration was drafted by Eglantyne
Jebb and is also known as the Geneva Declaration of the Rights of the Child. The
Declaration is a document that consists of the rights of children. It was first adopted in
1924 by the League of Nations and then in 1959 by the United Nations. The
Declaration includes the following rights:
• The child must be provided all those means which are essential for their normal
development.
• If a child is found to be hungry or sick then the child must be fed and nursed.
• If a child is backward or delinquent then the child must be helped and recovered.
• In case the child is an orphan or abandoned then shelter should be provided to the
child.
• In times of distress, relief must be provided to children first.
• The children must be protected from every kind of exploitation when they are put in
a position to earn a livelihood.
• The children must be made conscious of the fact that the talent they possess should
be devoted to the service of their fellow men.
This document was endorsed by the League of Nations General Assembly in 1924 as
the World Child Welfare Charter. It was reaffirmed in 1934 by the League of Nations
General Assembly.
 The International Convention on the Rights of
the Child, 1989
• The International Convention on the Rights of the Child, 1989 is a
human rights treaty that includes the rights of children which are
related to civil, political, social, health and cultural rights. A child is
defined by the Convention as a human being who is under the age
of eighteen years unless the law applicable to the child specifies a
different age clause for the age of majority.
• The Convention works for the basic needs and rights of children in
order to protect their interests. A child has a right to life which
includes the right to identity, and the right to be raised by both
parents even in case they are separated.
• It is an obligation of Nations to ensure that no child is sentenced
with cruel or degrading forms of punishment.
The UNCRC outlines the fundamental human rights that should be afforded to children in
four broad classifications that suitably cover all civil, political, social, economic and
cultural rights of every child:
• Right to Survival:
• Right to be born
• Right to minimum standards of food, shelter and clothing
• Right to live with dignity
• Right to health care, to safe drinking water, nutritious food, a clean and safe
environment, and information to help them stay healthy
• Right to Protection:
• Right to be protected from all sorts of violence
• Right to be protected from neglect
• Right to be protected from physical and sexual abuse
• Right to be protected from dangerous drugs
• Right to Participation:
• Right to freedom of opinion
• Right to freedom of expression
• Right to freedom of association
• Right to information
• Right to participate in any decision making that involves him/her directly or indirectly
• Right to Development:
• Right to education
• Right to learn
• Right to relax and play
• Right to all forms of development – emotional, mental and physical
 National Children’s Month – November
The 12 Rights of Filipino Children
1. Every child has the right to be born well - It is the responsibility of the parents to make sure they can provide a safe environment for their unborn
child. This includes proper medical attention and care from conception, birth, and throughout childhood years in a newborn services unit or pediatric
center.
2. Every child has the right to a wholesome family life -The child’s first learning environment and teachers are their home and family. They are
entitled to be a part of a loving family that will instill ethical values and morals in them.
3. Every child has the right to be raised well and become contributing members of society - By raising them in a safe and loving environment,
parents and guardians can shape the personalities of their young to be useful and contributing members of their respective communities when they grow
older.
4. Every child has the right to basic needs - The four basic needs of people outlined in the law are as follows: a balanced diet, adequate clothing,
sufficient shelter, and proper healthcare. This also includes any other requirements to lead a healthy and active life.
5. Every child has the right to access what they need to have a good life - This right goes beyond the basic needs and focuses more on the atmosphere
of the place they will be raised in. A child’s needs must always be attended to so they feel the support of people around them, which in turn will build
and strengthen their character in adulthood.
6. Every child has the right to education - In an ideal world, every child should have the means to go to a classroom and have access to books and
learning materials that can enrich their intelligence and skills.
7. Every child has the right to play and enjoy their youth - Children have the right to engage in wholesome recreational activities whenever they wish
and not be exploited for events that are deemed only for adults to do, i.e., intensive manual labor.
8. Every child has the right to be protected from danger - This includes all hazards that could affect their physical, mental, and emotional states, such
as removing them from dangerous living situations, preventing them from getting into accidents, or protecting them from the abuse of adults, etc...
9. Every child has the right to live in a productive environment - Children should be surrounded by safe communities that inspire them to give back
when they are older. This means staying away from bad influences and situations that can cause harm to their health.
10. Every child has the right to be cared for in the absence of their parent or guardian - If the parent or guardian fails to fulfill their role, the State
shall assume custody and care for the child, providing them with their fundamental needs for growth and development.
11. Every child has the right to good governance - Children also have a right to be born under the presence of good governance that can inspire them
to become a helpful and active citizen. This doesn’t necessarily mean they have to get involved with politics but rather have an interest in being involved
in political discussions for the betterment of their country.
12. Every child has the right to freedom and peace - Last but not the least, every child is entitled to do whatever they want in their lives, so long as it
contributes to the peace and betterment of the communities they are a part of.
Constitutional protection
According to the Constitution of India, the rights of children include:

• Right to free and compulsory elementary education for all children in the 6-14 year
age group
• Right to be protected from any hazardous employment
• Right to early childhood care and education
• Right to be protected from abuse'
• Right to be protected from the economic necessity to enter occupations unsuited to
their age or strength
• Right to equal opportunities and facilities to develop in a healthy manner
• Right to freedom and dignity and guaranteed protection of childhood and youth
against exploitation
Indian Constitution and Rights of the Child
• Article 15(3) requires the state to make special provisions for children.
• The right to free elementary education that was made compulsory under Article
21 A of the Indian Constitution.
• Article 23 prohibits trafficking of human beings including children.
• Right to protection till the age of fourteen years from any kind of hazardous
employment which is provided under Article 24 of the Indian Constitution.
• Article 39(e) of the Constitution protects children from any kind of abuse or
forced employment which is not suitable for their age and ability.
• The children are provided with equal opportunities, facilities, freedom, dignity,
and protection under Article 39 (f) of the Indian Constitution.
• Article 45 of the Constitution ensures early childhood care and education to the
children until the age of 6 years.
• Article 51-A says that it shall be the fundamental duty of the parent and guardian to provide
opportunities for education to his child or as the case may be, ward between the age of six and
fourteen.
 Child labour
• The term “child labour” is often defined as work that deprives children
of their childhood, their potential and their dignity, and that is harmful to
physical and mental development. It refers to work that:
is mentally, physically, socially or morally dangerous and harmful
to children; and/or
interferes with their schooling by: depriving them of the opportunity to
attend school; obliging them to leave school prematurely; or requiring
them to attempt to combine school attendance with excessively long and
heavy work.
• Whether or not particular forms of “work” can be called “child labour”
depends on the child’s age, the type and hours of work performed, the
conditions under which it is performed and the objectives pursued by
individual countries. The answer varies from country to country, as well
as among sectors within countries.
The worst forms of child labour as defined by Article 3 of ILO Convention No. 182
• all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt
bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of
children for use in armed conflict;
• the use, procuring or offering of a child for prostitution, for the production of pornography or for
pornographic performances;
• the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking
of drugs as defined in the relevant international treaties;
• work which, by its nature or the circumstances in which it is carried out, is likely to harm the health,
safety or morals of children;
Hazardous child labour or hazardous work is the work which, by its nature or the circumstances in which it
is carried out, is likely to harm the health, safety or morals of children. (is given by Article 3 of ILO
Recommendation No. 190)
• work which exposes children to physical, psychological or sexual abuse;
• work underground, under water, at dangerous heights or in confined spaces;
• work with dangerous machinery, equipment and tools, or which involves the manual handling or
transport of heavy loads;
• work in an unhealthy environment which may, for example, expose children to hazardous substances,
agents or processes, or to temperatures, noise levels, or vibrations damaging to their health;
• work under particularly difficult conditions such as work for long hours or during the night or work
where the child is unreasonably confined to the premises of the employer.
 Child Labour (Prohibition and Regulation) Act, 1986
Aims to eradicate any kind of child abuse in the form of employment and prohibit the
engagement of children in any kind of hazardous employment, who have not completed
14 years of age. The Act prohibits the employment of children in certain occupations
and processes. The Act in total prohibits approximately 13 occupations and 51
processes for the employment of children.
The prohibited occupations for children under 14 years are: (PART A)
• Occupations that are related to the transport of passengers, goods or mails by
railway;
• Cinder picking, clearing of an ash pit or building operation in the railway premises;
• Working in a catering establishment which is situated at a railway station and if it
involves moving from one platform to another or from one train to another or going
into or out of a moving train;
• The occupation which involves work related to the construction of a railway station or
any other work where such work is done in close proximity to or between the railway
lines;
• Any occupation within the limits of any port;
• Work which involves the selling of crackers and fireworks in shops having a
temporary license;
• Working in Slaughterhouses.
 Prohibited processes for children under the age of 14
years are mentioned under the Schedule in Part B. They
are as follows:
• The process involving the making of Bidi;
• The process which involves carpet-weaving;
• Manufacturing cement or bagging of cement;
• The processes such as Cloth printing, dyeing, and weaving;
• The processes that involve the manufacturing of matches, explosives, and fireworks;
• Mica-cutting and splitting;
• Any manufacturing process such as shellac manufacture, soap manufacture, tanning;
• The process of wool-cleaning;
• Work that is related to the building and construction industry;
• Manufacture of slate pencils;
• Manufacture of products from agate;
• Manufacturing processes in which toxic metals and substances such as lead, mercury, manganese,
chromium, cadmium, benzene, pesticides and asbestos are used;
• Cashew and Cashew Nut descaling and processing;
• Soldering processes in electronic industries.
Theoretical Explanations of child abuse
• Psychiatric explanation – mental illness and personality defects – due to
unmet emotional needs; abusive or deprived family background; Social
exclusion;
• Socio-Cultural Explanation – External forces/socio-demographic causes-
• Social situational – structural stress and cultural norms; low income,
unemployment, isolation, unwanted pregnancy, conflict with in-laws, etc;
• Social habitability – maltreatment depended upon the quality of environment;
• Social control – due to the violence used upon the children – 1) violence better than
rewards; 2) Absence of effective social control in family relations; 3) Issues in family
structures – like inequality in home/ lack of privacy/ lack of understanding of formal
and informal modes of punishments etc…
Sexual abuse of children [explanation 1]
Factors:
• Stressful home environment
• Low self-esteem - vulnerable due to needs for affection, admiration, and acceptance
• Unmonitored access to technology
• Poor communication with parents/relatives
• Loneliness- Most powerful negative emotion
• Children identified as LGBT
• Misunderstanding the boundaries – lack of education; appropriate and inappropriate behaviour
• Disabilities
• Blended families
• Domestic abuse
• Prior sexual abuse/ witness of sexual abuse (revictimization)
 Explanation 2
• Individual level factors
• Disability
• Victim-offender cycle
• Family level factors
• Poverty
• Single parent
• Domestic violence
• School level factors
• Unequal power relations
• School environment
• Peer pressure
• One-on-one-adult-child contact
• Community level factors
• Socialization and child rearing practices
• Child marriages
• Virginity testing
• Myths and prejudices
• National/International level factors
• Media and other technology exposure
 Adoption
• Adoption is basically the foundation of a parent-child relationship through means of a procedure
that is lawful and social, other than the natural birth procedure. It is a procedure through which the
child of the biological parents become the child of someone else through a lawful process which is
thereby known as Adoption.
• Reasons for adoption from child perspective:
• Desertion
• Poverty
• War
• Disasters
• Lost in migration
• Sold in the form of adoption / unwanted child
• Reasons for adoption from adult perspective:
• Need for a heir / religious requirements
• Bring out family name / for fame
• Charity purpose
• Support
• Obligation / duty due to personal or other reasons
• Safety or Security
Issues in adoptions - Exp - 1
• Loss. Adopted children morn the loss of their birth parents, even when they are happy with their adoptive family.
Their loss can feel more prominent at various developmental stages, but especially as a teenager or young adult.
• Rejection. Adopted children often feel rejected by their birth parents and subsequently avoid situations where
they might be rejected or provoke others to reject them to validate their negative self-perceptions.
• Guilt/Shame. Adopted children often believe there is something intrinsically wrong with them and that they
deserved to lose their birth parents, which causes them to feel guilt and shame.
• Grief. There is no ritual to grieve the loss of a birth parent. Suppressed or delayed grief can cause depression,
substance abuse, or aggressive behaviors.
• Identity. Adopted children often feel incomplete and at a loss regarding their identity because of gaps in their
genetic and family history.
• Intimacy. Many adopted children, especially those with multiple placements or histories of abuse, have difficulty
attaching to members of their new family. Early life experiences may affect an adopted child’s ability to form an
intimate relationship.
• Mastery and Control. Adopted children sometimes engage in power struggles with their adoptive parents or
other authority figures in an attempt to master the loss of control they experienced in adoption.
 Issues in adoption – Exp - 2
• Conflict of interest - Fundamental Right to Adopt against Fundamental Right against being adopted;
• Gender discrimination in adoption- Female children being adopted more than male children (F- 77%;
M- 22%);
• Monetary benefits of agents in adoption (indirect form of sale-connecting seller and buyer);
• Close/shut adoption (in India) more than open adoption- increases issues in child-parent relationship;
(disclosure of being adopted);
• Less success rate of single parent adoption;
• Technological advancements in medically assisted pregnancy led to decreasing adoption; (Central
Adoption Resource Authority – CARA – 5693 in 2010 to 3011 in 2016; [94 % less than 6 yrs, 72% less
than 2yrs;], around 2100 male and 2200 female, others not bothered about gender, around 1600
with special requirements);
• Number of obtainable children is around ¼ of the demand as per Specialized Adoption Agencies.
• Lack of post-adoption care increasing the child-parent issues, adopted child-natural child conflict,
social exclusion aspects.
• Need of shift from parent- centric approach of adoption to child-centric approach.
• Return of the children- 60% girls, 24% with special requirements, several older than 6yrs due to lack
of readiness to adjust to new home situations.
Current situation through statistics
• The National Commission for Child Rights recorded over 3,500
children who lost both their parents during the pandemic in India;
• According to study by Bachman et al. (2021), last year saw
11,34,000 children lose their primary caregivers to COVID-19
globally. This trend led to a new sub-category of bereaved children,
referred to as the ‘COVID orphans’.
• Increased un-registered child care institutions/units.
• Child trafficking; Children as burden due to financial constrains.
• Reproductive autonomy against LGBT relationships- increasing
adoption and issues thereafter;
• Increased ‘rights consciousness’ and media demands put child care
centers in financial insufficiency forcing for closure- making
unregistered adoption- an institutional necessity.
Asynchronous assignment
• Juvenile Justice Act, 2015
• POCSO Act, 2012
• National commission for protection of child rights.
• Constitutional approach to safeguard the rights and interests of
children.
• Prohibition of Child Marriage Act, 2006
• Child and adolescent labour (prohibition and Regulation) Act.
• Rights of Refugee Children (article attached)
 Youth and Human rights of Youth
OHCHR - Office of the High Commissioner for Human Rights
Definition of youth- any period between childhood and adulthood/adult age.
Issues of youth in hand:
• The right to vote and participate in politics
• Freedom of speech, both at school and off-campus
• Freedom of assembly
• Protections against cruel and unusual punishment, including corporal punishment
• Protection against unreasonable search and seizure
• The right to due process before being deprived of liberty or property
• Equal protection before the law, which protects older people from age discrimination, but not younger people
• The right to make decisions concerning education
• The right to work and earn money
• The right to autonomy and freedom
• Bodily rights.
• Right to participate in decision making
• Student movements;
• Incapacity;
• Statutory definitions of child issues;
Youth Unrest
Explanation 1 Explanation 2 UGC 1960 Perspectives
Collective discontent Action based on the Disrespect for teachers Unrest among youth
feeling of injustice
Dysfunctional conditions Growth and spread of Misbehaviour with girls Unrest due to youth
generalized
belief-frustration/deprivat
ion/discontent
Public concern Emergence of leadership Destroying property Social unrest in the nation
and mobilization for effecting the youth
action
Need for change Collective reaction to
stimuli
Types of youth agitation
• Persuasive – change the attitude of powers through discussions and
bring in harmony. (peaceful approach)
• Resistance – Resist the decision making. (violence not intended)
• Revolutionary – overthrow the system. (violence intended)

• Causes of youth agitations-

• Economic causes
• Socio-psychological causes
• Political causes
Types of youth –receptive to agitations
Explanation 1 Explanation 2 (SHAH)
Socially Isolated High status high ability –Keep away
Personally maladjusted Low status high ability – away from wrong but active
Unattached to family High status low ability – high activity
Marginals Low status low ability – activity based on their range
of fear
Migrants/mobile
 Some shocking facts: Child Serial killers around the
world
• Craig Price – Aged 13, Craig killed four people before he was caught. All his victims lived in the
neighborhood. One of the victims was 8 years and one was 39 years of age. All victims were
stabbed to death.
• Jasmine Richardson – This case reveals how young minds can be easily brainwashed. Aged 12,
Jasmine was dating a much older guy, 23-year-old Jeremy Steinke. When Jasmine’s parents tried to
interfere in their relationship, the duo decided to kill them. Jasmine and Jeremy killed her parents
and her eight year old brother. They had decided that they will kill anyone who comes in the way of
their love.
• Mary Bell – She killed two children when she was just around 11 years of age. One of the victims
was just three years old. After her arrest, it was found that she had suffered emotional, physical
and sexual abuse at a young age.
• Robert Thompson and Jon Venables – Aged 10 and 11, these kids first murdered a two year old
boy. The world was shocked when it was revealed that they had killed the boy with stones, bricks
and an iron bar. Thankfully, they were caught in their first crime. It is believed that they had
planned to kill more kids.
• Amardeep Sada – Considered as the youngest serial killer in the world, Amardeep Sada was just
eight years of age when he committed his first murder. All his victims were less than a year old. The
list includes his 8-month old sister, a cousin that was six months old and a neighbor’s 6-month
baby.