2. SPECIAL LAWS
• JUVENILE JUSTICE ACT, 1986
• RIGHT TO EDUCATION
• CHILD LABOR PROTECTION AND REGULATION
ACT, (1986)
• RIGHTS OF THE CHILD
• CHILD MARRIAGE RESTRAIN ACT (1929)
• THE EDUCATION FOR ALL HANDICAPPED
CHILDREN ACT (1975)
3. • HEALTH MAINTENNACE ORGANIZATION ACT
(1973)
• CHILD ABUSE PREVENTION AND TREATMENT
ACT (1974)
• THE CHILDREN ACT (1960)
• CHILD PLACEMENT
• SEXUAL OFFENCES ACT 2003
• BATTERED BABY SYNDROME
• CHILD ABUSE
4. JUVENILE JUSTICE ACT, 1986
With the implementation of the Juvenile Justice
Act, 1986.It extends to the whole of India except
the State of Jammu and Kashmir. The new act has
come into force from 2nd October, 1987.
Some of the special features of the juvenile
Justice Act are the following:
It provides a uniform legal framework for juvenile
justice in the country, so as to ensure that no
child under any circumstances is put in jail or
police lock-up.
5. It envisages specialized approach towards
prevention and treatment of juvenile delinquency
in keeping with the developmental needs of
children.
It establishes norms and standards for
administration of juvenile justice in terms of
investigation, care, treatment and rehabilitation.
It lays down appropriate linkage and co-
ordination between the formal system of juvenile
justice and voluntary organizations. It specially
defines the roles and responsibilities of both.
6. RIGHT TO EDUCATION
• The Supreme Court has recognized the right to
education as an implied fundamental right
under article 21. It provides provision for free
education up to 14 years. Recently, an
amendment is made for free education to the
only female child of family in CBSE schools in
India by Government of India.
7. CHILD LABOR PROTECTION AND
REGULATION ACT, (1986)
• This act flows from Article 39 that the tender
age of children shall not be abused and that
citizen are not forced by economic necessity
to enter avocations unsuited to their age of
strength. This act protects children to be
employed in dangerous work and industries
up to 14 years.
8. MAIN FEATURES OF THE ACT ARE AS FOLLOWS:
(1) No child shall be required or permitted to work in any
establishment in excess of such number of hours as may
be prescribed for such establishment or class of
establishments.
(2) The period of work on each day shall so fixed that no
period shall exceed three hours and that no child shall
work for more than three hours before he has had an
interval for rest for at least one hour.
(3) The period of work of a child shall be so arranged that
inclusive of his interval for rest, under sub-section, it shall
not be spread over more than six hours, including the
time spent in waiting for work on any day.
(4) No child shall be permitted or required to work between
7 p.m and 8 a.m.
9. (5) No child shall be required or permitted to work
overtime.
(6) No child shall be required or permitted to work in any
establishment on any day on which he has already
been working in another establishment.
(7)Every child employed in an establishment shall be
allowed in each week, a holiday of one whole day.
(8)Children are not permitted to work in occupations
concerned with passengers and goods mail transport
by railway, carpet weaving, cement manufacturing,
cleaning ash pits, and building construction operation,
cloth printing, dyeing, and manufacturing of matches
explosives and fireworks, beedi making, wool cleaning
etc.
10. RIGHTS OF THE CHILD
• Child has recognized as having their own human rights.
These are laid down in the United Convention on the
Rights of Child.
• Indian Constitution gives ample privilege to the child
population through various Acts such as:
Article 42 prohibits employment of children below the
age of 14 in factories.
Article 39 prevents abuse of children of tender age.
Article 45 provides for free and compulsory education
for all children until they complete the age of 14 years.
11. UNITED NATION DECLARATION OF
THE RIGHTS OF THE CHILD
• The general Assembly of the United Nation
adopted on 20 November 1959, declarations
of the rights of the rights of child are:
12. CHILD MARRIAGE RESTRAIN ACT
(1929)
• Laws restraining the practice of child marriage have
been in force in India since 1929. According to the
Child Marriage Restraint Act 1978, the minimum legal
age of marriage stands at 18 years for women and 21
years for men.
Punishment for male adult below twenty-one years of
age marrying a child.
Punishment for male adult above twenty-one years of
age marrying a child.
Punishment for solemnizing a child marriage.
Punishment for parent or guardian concerned in a
child marriage.
13. THE EDUCATION FOR ALL
HANDICAPPED CHILDREN ACT (1975)
The education for all Handicapped Children Act mandate state
education agencies to develop plan to provide full educational
opportunities to all school age handicapped children.
Public law 94-142 requires that an individualized education program
be prepared for each child.
The IEP must include related services that will assist the child to
obtain maximum benefits from the educational program.
This law mandates placement of handicapped children in the least
restrictive educational environment.
Preschool program for children ages 3 to 5 years, as well as program
for children ages 18 to 21were to be made available by September
1, 1980, unless such provisions were inconsistent with state law.
14. HEALTH MAINTENACE ORGANIZATION
ACT (1973)
This Act is to assist and encourage the local and
state government on profit organization,
insurance companies and agency to change
the health delivery system so that improved
care could be provided. This service includes
other illness and wellness related care.
15. CHILD ABUSE PREVENTION AND
TREATMENT ACT (1974)
This Act provides a rational centered approach
on child abuse and child neglected makes
funds available for research identification of
causes, prevention and treatment for the
establishment of regional child abuse centers.
16. THE CHILDREN ACT (1960)
• The children act, 1960 in India (amended in 1977)
provides for the care, maintenance, welfare,
training, education and rehabilitation of the
delinquent child. It covers the neglected and
destitute, socially handicapped, uncontrollable,
victimized and delinquent children. In article 39
(f) the constitution of India provides that “ the
state shall in particular direct its policy towards
securing that childhood and youth are protected
against moral and material abandonment.”
17. CHILD PLACEMENT
ORPHANAGES
• Children who have no home or who for some
reason could not be cared by their parents are
place in orphanages. In such institutions,
there is little opportunity for the child to
experience the warmth and intimacy of family
life, to develop emotional security and to
participate in activities that would help him to
become an adequate citizen.
18. FOSTER HOMES
• Foster care is a term applied to several types of
facilities for rearing children other than in their natural
families. The good foster home will provide the child
with security, love and affection that is needed.
ADOPTION
• Legal adoption confers upon the child and adaptive
parents, rights and responsibilities similar to that to
natural parent. The laws of adoption vary from country
to country the relevant law in India is the “Hindu
Adoption and Maintenance Act, 1956”.
BORSTALS
• Boys over 16 years who are too difficult to be handled
in a certified school or have misbehaved there, are sent
to Borstals. A Borstal sentence which is usually for
three years is regarded as a method of training and
reformation.
19. REMAND HOMES
• In the remand homes, the child is placed
under the care of doctors, psychiatrists and
other trained personnel. Every effort is made
to improve the mental and physical well-being
of the child. Elementary schooling is given,
various arts and crafts are taught, games are
played and other recreational activities are
arranged.
20. SEXUAL OFFENCES ACT 2003
• Aims to further protect children and people with a mental
disorder from sexual crimes
• Widens the definition of rape
• Defines consent
• Amends and extends the existing abuse of position of trust
offences.
• Strengthens the Sex Offenders Register
• The United Nations Convention on the Rights of the Child
(UNCRC) is an international human rights treaty that grants
all children and young people (aged 17 and under) a
comprehensive set of rights. The UK signed the Convention
on 19 April 1990, ratified it on 16 December 1991 and it
came into force in the UK on 15 January 1992.
21. The Convention gives children and young people
over 40 substantive rights. These include the right
to:
• special protection measures and assistance
• access to services such as education and health
care
• develop their personalities, abilities and talents
to the fullest potential
• grow up in an environment of happiness, love
and understanding
• be informed about and participate in achieving
their rights in an accessible and active manner.
22. BATTERED BABY SYNDROME
• It has been defined as “a clinical condition in
young children, usually under 3 years of age
who have received non-accidental wholly
inexcusable violence or injury, on one or more
occasions, including minimal as well as severe
fetal trauma, for what is often the most trivial
provocation, by the hand of an adult in a
position of trust, generally a parent, guardian
or foster parent.
23. CHILD ABUSE
• The broader concept of child abuse is of recent origin.
Its recognition by the caring professions has brought a
spate of conferences, symposia and publications. The
concept itself has been broadened to include not only
physical violence, but sexual abuse, mental and
emotional maltreatment, neglect, deprivation and lack
of opportunity. The consequences of physical battering
– death, blindness, mental and emotional retardation,
stunting of growth – is only one part of the whole
picture of child abuse. Some contributory factors of
child abuse are poverty, alcohol and other drug abuse,
loneliness, immaturity and a host of other factors.