1.
GOOD AFTERNOON

2.
DR. MEGHA BHENGRA
JUNIOR RESIDENT II
COMMUNITY MEDICINE
GMC MIRAJ
SEMINAR

3.
LEGISLATIONS FOR
ADOLESCENTS

4.
Introduction
Background
Legislations for Adolescents
References

5.
INTRODUCTION
 World Health Organisation (WHO) defines an adolescent as any
person between ages 10 and 19. This age range falls within
WHO definition of young people between ages 10 and 24.
( 30th Nov 2017)
 Adolescence is a period characterised by rapid physical,
cognitive and social changes, including sexual and reproductive
maturation; the gradual capacity to assume adult behaviours and
roles involving new responsibilities requiring new knowledge
and skills.

6.
ADOLESCENCE WITH THEIR AREAS
OF CONSIDERATIONS
 It is a period which poses new challenges to health and
development owing to their relative vulnerability and pressure
from society, including peers to adapt risky health behaviour.

7.
 India has one of the fastest growing youth population in the
world. The vast majority of adolescents ( 10-19 age group)
account for 22.8% population of India and girls below 19
years of age constitute one-fourth of India’s fast growing
population.
 Though the health concerns usually rank low on the list of
immediate priorities of most young people, such concerns
are legitimate and important , and in many instances form
an integral part of general adolescent experience.

8.
 WHO described the major health related problems of
adolescents as following :
socioeconomic deprivation and disadvantage; unemployment and
underemployment; rural /urban migration ; alcohol abuse and
dependence; drug abuse and dependence; smoking; accidents and
risk taking behaviour ; suicide ; sexual and reproductive health
problem; mental disorders ; and mental retardation and other
handicaps.

9.
 WHO Expert Committee stated in a report entitled Health
needs of adolescents, that the legal and policy aspects of
adolescent health care are in a need to be explored and
legislations must be used to facilitate “ more and better “
health services.
 There are possibly two reasons for the negligence of
adolescent health care issues- those who provide health care
fail to recognize the special needs of adolescents and
adolescents themselves tend to not to utilize the services that
are available.

10.
BACKGROUND
 Legislations and policies for children and adolescents in India are
guided by the role of the state as articulated in the Constitution of
India that provides for right to life , education , health , food ,
development and protection from exploitation.
 Further as a signatory to the United Nations Convention on the
Rights of Child ( UNCRC), India has affirmed its commitment to
recognizing and protecting the rights of children and adolescents
( up to 18 years of age ) including their fundamental rights to be
heard and taken seriously.

11.
 Planning for adolescents was first initiated in the 10th Five year
Plan (2002-2007). Further , a Working Group on Youth Affairs
and Adolescents development for 11th Five Year Plan (2007-
20012) and noted a few suggestions:
• Setting up Regional Resources Centres for Adolescents
Education and Development.
• Provision of Quality Education for adolescents.
• Setting up of counselling for adolescents and special attention of
substance abuse problem.

12.
• Life skills for students and out of school adolescents.
• Special focus on education of Scheduled Castes, Scheduled
Tribes and other minorities.
• Sex and HIV related education for students and out of school
adolescents.
 The 12th Five Year Plan (2012-2017) laid further and specific
emphasis on standardizing the age for adolescents and including
10 to 18 years for harmonizing varied guidelines under various
schemes.

13.
 It recommended the abolition of all forms of child labour for the
effective implementation of the Right To Education (RTE) Act
and the extension of RTE Act up to the senior secondary level to
include all adolescents.
 This plan also recommended for the strengthening of SABLA
along the lines of the Bal Bandhu pilot programme for protection
of child rights in areas affected by conflict .

14.
 The Expert Committee members of National Commission
for Protection of Child Rights ( NCPCR), have gone through
the critical review and analysis of existing constitutional
provisions, legislations and policy framework for
adolescents in the country.
 It seeks to ascertain the efficacy of the same towards
ensuring and safeguarding adolescents rights to survival,
development, protection and participation.

15.
LEGISLATIONS FOR
ADOLESCENCE

16.
THE JUVENILE JUSTICE ( CARE & PROTECTION OF
CHILDREN) ACT

17.
THE JUVENILE JUSTICE ( CARE &
PROTECTION OF CHILDREN) ACT
 Profile : It is estimated by the state that around 170 million or
40% of India’s children are vulnerable to or experiencing
difficult circumstances.
 Many of them suffer from vulnerabilities such as fractured
homes, violence and abuse , drug and substance abuse,
poverty. Consequently, they run the risk of being caught in the
nexus of exploitation , most commonly in criminal activities
such as theft, drug and substance abuse, participation in gangs,
rape , murder etc.

18.
 Around 1,00,000 enter the Juvenile Justice System through the
district based quasi-judicial bodies known as Child Welfare
Committees, most of whom are admitted into Children’s
Homes run by the state and non-state parties.
 There are 56,501 children according to the National Crime
Bureau Records (NCRB) 2015 apprehended for murder, rape
and theft.

19.
JUVENILE JUSTICE ACT 2000
 This Act replaced the old Juvenile Justice Act 1986. This was
in consonance with the India’s human rights obligations under
the United Nations Convention of the Rights of the Child
which was held in November 1989.
 The Convention emphasized social reintegration of child
victims, to the extent possible, without restoring to judicial
proceedings.

20.
 The Government of India has rectified the convention bearing
in mind the standards prescribed in the
• Convention on the Rights of Child,
• United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules)
• United Nations Rules for the protection of Juveniles
Deprived for their liberty (1990)
• Other international instruments
and to achieve this objective the act was enacted.

21.
 In the Act, Juvenile or Child means who has not attained the
age of 18 years. Neglected Juvenile means juvenile who-
i. is begging
ii. suffering from , terminal or incurable disease and having no
one to support
iii. Who is being abused or exploited
iv. Destitute
 Delinquent juvenile means a juvenile who has found to have
committed and offense.

22.
 The state looked into the problem of juvenile social
maladjustment and made special efforts to mobilize all possible
resources of the family, community and social organization for
rehabilitation and betterment of juvenile future.
 The confinement of the juvenile in a police lock up or jail and
contact with the police was reduced to minimum.

23.
 The Child was produced by the police officer to the special
juvenile police unit or child lines or NGOs, or by public spirited
citizens authorised by the state, before the Child Welfare
Committee.
 The delinquents were to be dealt with the Juvenile Court. Criteria
for admission in Juvenile, Observation Homes, Special Homes,
transfer, Board setting up , selection of members or magistrates,
social organization and institutions were defined in the Act.

24.
 State Government have been empowered to establish and
maintain either by themselves or in association with voluntary
organizations children’s homes in every district or a group of
districts for the reception of child in need of care and protection
during the pendency of any enquiry and subsequent for their
care, treatment, education , training, development and
rehabilitation ( Sec 33&34)

25.
 Child suffering from leprosy, STDs, Hepatitis B, Open case of
Tuberculosis or other diseases , unsound mind, to be dealt
separately through various specialized referral services or under
the relevant laws ( Sec 56-58) .
 The Act provided a system to facilitate the adoption of children
(Sec 41). The Act contemplate adoptions as a manner of
rehabilitation of children who are orphaned, abandoned and
abused.

26.
 It also contemplates foster care (Sec 42), sponsorship (Sec 43)
and aftercare organizations (Sec44) as models of rehabilitation
and ‘reintegration’ into society.
 The Juvenile Justice ( Care and protection of Children ) Bill,
2014 was prepared in the parliament. As the Juvenile System is
based on the principle of restorative justice, such children during
their stay in a ‘place of safety’ will be provided with reformative
measures such as education, health nutrition, de-addiction,
treatment of diseases, vocational training, skill development, life
skill education and counselling.

27.
JUVENILE JUSTICE (CARE & PROTECTION )
ACT 2015
 The following Act of parliament received the assent of president
on 31st Dec 2015.
 Published as ‘ An act to consolidate and amend the law relating
to children alleged and found to be in 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 here in under
and for matters connected therewith and incidental thereto.

28.
SALIENT FEATURE OF JUVENILE
JUSTICE ACT, 2015
 Children in conflict with the Law
• It treats all the children below 18 years equally, except that those
in the age group of 16-18 can be tried as adults if they commit a
heinous crime.
• A child of 16-18 years age, who commits a lesser offence (a
serious offence), may be tried as an adult if he is apprehended
after the age of 21 years.
• A heinous offence attracts a minimum seven years of
imprisonment. A serious offence attracts three to seven years of
imprisonment and a petty offence is treated with a three year
imprisonment.

29.
• No child can be awarded the death penalty or life imprisonment.
• It mandates setting up of Juvenile Justice Boards (JJBs) in each
district with a metropolitan magistrate and two social workers,
including a woman.
• A Children’s court is a special court set up under the
Commissions for Protection of Child Rights Act, 2005, or a
special court under the Protection of Children from Sexual
Offences Act, 2012. In absence of such courts, a juvenile can be
tried in a sessions court that has jurisdiction to try offences
under the Act.

30.
 Children in need for care and protection
Child Welfare Committees (CWCs) should be set up in each
district with a chairperson and four other members who have
experience in dealing with children. One of the four members
must be a woman.
 Other Salient Provisions
• The Central Adoption Resource Agency will frame rules and
regulations for adoption of orphaned children. Inter-country
adoption is allowed when no Indian adoptive parents are
available within 30 days of child being declared free for
adoption.

31.
• Adoptive parents should be financially and physically sound. A
single or divorced person may adopt a child. A single male may
not adopt a girl child. Disabled children will be given priority
for adoption.
• Buying and selling of a child attracts imprisonment up to five
years. Giving an intoxicating or narcotic substance to a child
attracts imprisonment up to seven years.
• Non-disclosure of identity of juvenile offenders by media.

32.
THE CHILD LABOR (PROHIBITION AND
REGULATION) ACT

33.
ADOLESCENT LABOUR
 Occupational Profile : Over 400 million people in India
constitute the total work force in the country. Of the 312
million employed as main workers , adolescent constitute
over 20 million. And of the 90 million workers employed
as marginal worker, adolescent are approximately 11
million.
 According to the NFHS 3, 33.4% of girls and 50.4% of
boys are engaged in labour . Unlike boys , less than two-
thirds of girls earn cash for their work.

34.
 Adolescent boys are in the labour market as wage earners on
either long term or short term contracts or as daily wage earners,
while girls continue in hidden and invisible work, most of which
is non-wage work rendered for their families and unaccounted
for.
 Thus, while girls in this age group lag behind boys in terms of
education, they are also hidden in the labour force with most of
their work in the informal, unorganized sector.

35.
CHILD LABOUR ACT, 1986
 The Child Labour Act extended to whole of India. It prohibits
the engagement of children in certain employments and to
regulate the conditions of work of children in certain other
employments.
 The Act ( sec 2) defines certain terms : “Child” means a person
who has not completed his 14 years of age; “Adolescence”
means a person who has completed his 14 years of age but has
not completed his 18 years of age.

36.
 No child shall be employed or permitted to work in any of the
Occupations set forth in Part A of the schedule or in any
workshop wherein any of the processes set forth in Part B of
the Schedule (sec 3).
 Moreover it also states : It is illegal to employ children below
14 year for domestic work or as domestic servant , or in
dhabas , restaurants, hotels, motels , tea-shops , resorts , spas
and other recreational centres.

37.
SCHEDULE ( Section 3) PART A: OCCUPATIONS
Any occupations connected with-
1. Transport of passengers , goods or mails by railway.
2. Cinder picking ,clearing of an ash pit or building operation in the
railway premises.
3. Work in a catering establishment at a railway station, involving the
movement of a vendor or any other employee of the establishment
from one platform to another or into or out moving the train.
4. Work relating to the construction of a railway station or wit any
other work where such work is done in close proximity to or
between the railway lines.
5. A port authority within the limits of any port.
6. Work relating to selling of crackers and fire works ,Abattoirs ,
slaughter houses.

38.
PART B : PROCESSES
1. Bidi-making
2. Carpet weaving
3. Cement manufacture, including bagging of cement.
4. Cloth printing ,dying and weaving
5. Manufacture of matches ,explosives and fire woks
6. Mica cutting and splitting
7. Shellac manufacture
8. Soap manufacture
9. Tanning
10. Wool cleaning
11. Building and construction Industry
12. Manufacture of sate pencils ( including packing)
13. Manufacture of products from agate
14. Manufacturing processes using toxic metals and
substances such as lead, mercury , manganese, chromium,
cadmium, benzene, pesticides and asbestos.

39.
PART B : PROCESSES
15. Hazardous processes as defined in sec 2 and “
dangerous operations” as notified in rules made under
section 87 of the factories Act, 1948
16. Printing as defined in sec 2 of the Factories Act,1948
17. Cashew and cashew nut descaling and processing
18. Soldering processes in electronic industries.

40.
 No child shall work for more than three hours followed by an
interval of rest for at least one hour and that it shall not be spread
over time more than six hours.
 No child shall be permitted or required to work between 7 pm
and 8 am . No child shall be required or permitted to work
overtime (sec7).
 Every child employed in an establishment shall be allowed in
each week, a holiday of one whole day , which shall be specified
by the occupier in a notice.

41.
 Every occupier of establishment in which a child is employed
shall, within a period of thirty days from such
commencement, send to the Inspector, a written notice about
the child (sec19).
 In case of dispute of the age of child the inspector may ask
for age certificate granted by the prescribed medical authority
(sec 10).
 The occupier shall maintain the record with a register, which
shall be made available for inspection (sec11).

42.
 It is the responsibility of appropriate government to make
rules to provide healthy and safe environment and conditions
for the child on work such as disposal of wastes and effluents,
ventilations , temperature , lighting , cleanliness , drinking
water, latrine , urinals , fencing of machinery, employment of
children on dangerous machines, instructions, training and
supervision in relation to employment of children on
dangerous machines etc (sec12).

43.
 Whoever employs any child or permits any child to work in
contravention of the provision of section 3 shall be
punishable with imprisonment for a term which shall not be
less than three months but which may extend to one year or
with fine which shall not be less than ten thousand rupees
but which may extend to twenty thousand rupees or with
both.

44.
 On subsequent offence he shall be punishable with
imprisonment for a term which shall not be less than six
months but which may extend to two years (Sec14).
 The honourable Supreme Court of India has directed an
amount of Rs. 20000 be recovered from the employer for the
rehabilitation of the child. This amount is an addition to the
penalties described to the Act.

45.
LEGISLATIVE FRAMEWORK OF
ADOLESCENT LABOUR
 There was no specific law that governs child labour in the
14-18 years age group and thus the work rendered by them
was legally permitted.
 The proposed Child labour (Prohibition and Regulation )
Amendment Bill, 2012 placed to amend this to cover
children up to 14 years of age, bringing the Law in
consonance with the RTE Act, it proposes to prohibit
children in the 14-18 years of age from working only in
mining, explosives and from the work under the factories.

46.
 They can claim their fair share of wages through the Minimum
Wages Act 1948 (MW Act) which enforces payment of
minimum rates of wages and hours of work for a normal
working day for all kinds of employment.
 The Mines Act,1952 was first amended in1983 and the new
amendment bill,2011 is still pending in the Parliament. While
after the amendment of 1983, the Act banned employment of
persons below the age of 18 in mines, trainees and apprentices
above the age of 16 can still be employed .

47.
 The Factories Act, 1948 exhaustively deals with the working
conditions of adolescents in factories and formulates regulations
on their employment on dangerous machineries.
 The Act defines adolescents as young persons between 15 to 18
years and calls for the appointment of District Magistrate ,
Inspectors as well as surgeons to certify the age and capability of
“Young persons” in the concerned Factory.

48.
 Under the Act, a great amount of duty rests upon the respective
State governments to issue rules for safeguarding the rights of
adolescents working in Factories.
 The appropriate government should at regular intervals take
cognizance of the conditions prevalent in the factories with
relation to employment of adolescent . However there was no
evidence of such an exercise.

49.
CHILD LABOUR CELL
 It is under the Ministry of
Labour which is responsible
for funding and monitoring
of various projects.
 It also provides financial
assistance to voluntary
organizations for taking up
action oriented prevention
of child Labour.
 Monitors the enforcement of
the Act 1986, organizes
meetings, workshops and
advice to the boards.

50.
NATIONAL CHILD LABOR PROJECT
 One of the components of the National Child Labour Policy
1987, is setting up of the National Child Labor Projects in areas
of high concentration of Child Labor for their identification,
withdrawal and rehabilitation.
 The package of benefits to Child Labor for their rehabilitation
include special schools/ rehabilitation centres, non-formal
/formal education , mid-day meal, vocational training, nutrition ,
health care, stipend 100 per child per month.

51.
 The other activities include more strict enforcement of child
labour related Laws, raising awareness against the evil of child
labour and extension of child welfare facilities to the child
labour.

52.
THE CHILD LABOR (PROHIBITION AND
REGULATION ) AMENDMENT ACT, 2016
 The following act of parliament received the assent of the
president on 26 July 2016, as an Act further to amend the Child
Labour Act,1986.
 The following Act, substituted as –
“ 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.”

53.
 In section 1 of the principal Act, “ The Child and Adolescent
Labour (Prohibition and Regulation Act), 1986 is substituted.
 In sec 6, sec 7, sec 8, sec 9, sec 10, sec 11, sec 13 in place of
child, word adolescent is substituted.

54.
 Schedule (sec 3) Part A shall include
i. Mines
ii. Inflammable substance and explosives.
iii. Hazardous processes
Explanation.—For the purposes of this Schedule, “hazardous process”
has the meaning assigned to it in clause (cb) of the Factories Act,
1948.’.

55.
RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION ACT

56.
ADOLESCENT EDUCATION
 Adolescent Educational Profile : Over 95% of the 252 million
child population in the 6-14 age group have enrolled into schools
in India which is an indication of the enormous demand for
education today. In all, 111 million children are out of school
before completing class 8th in India.
 Only 41% of youth in the 15 to 17 years attends school and more
than half of the adolescents in the country are school dropouts.
At age 15-19 , the girl literacy rate lags behind the literacy rate
of boys.

57.
 While 74% girls and 88% boys are literate, only 38% girls and
35% boys have completed class 10th , a basic requirement for
all vocational and skill development trainings.
 The School attendance rate in rural areas (37%) is much lower
than that in urban areas (51%). Further, school attendance is
lower among girls (34%) than boys (49%). The proportion of
person who have never attended school is higher among
Muslims ( 34% of girls and 16% of boys ) than among Hindus
(26% of girls and 9% of boys) and girls belonging to other
religions.

58.
 Girls in rural areas belonging to minority group have a very high
school drop-out rate i.e. 66%. Thus there is a large gender , urban-
rural and socio-economic gap in educational attainment.

59.
RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION ACT,2009
 The 86th Amendment of the constitution of India that made
education a fundamental right was passed in 2002.The Article
21 A, which was inserted as a part of the 86th Amendment says
that “ The state shall provide free and compulsory education to
all children between 6 and 14 years of age.
 In the draft bill, a neighbourhood school was to be constructed
by state for every child in the country within three years from the
date of commencement of this Act.

60.
 There is a wide disparity in Government and Private School. The
bill which was unable to legislate for the Common School
concept of the kothari commission , defines a Minimum School
through a mandatory set of norms, with proper qualified teachers
and envisages that such norms shall apply to all managements,
governmental and private, for the purposes of recognition of a
school.

61.
 There should be 25% reservation of children from deprived
sections from their neighbourhood and should be provided on
the basis of scholarship or freeships provided by the state.
 There were provisions for compulsory sending of their
children to schools and school administrators to provide
education despite non-payment of fee by the parents or non
availability of birth certificate.

62.
LEGISLATIVE FRAMEWORK FOR
ADOLESCENT EDUCATION
 The Constitution of India provides for Right to life (art21),
Education (art 21 A, art 51, art 45), protection from exploitation
(art 24),health and nutrition (art 47), food and protection (art 46)
etc. These guarantees have not been extended to children in the
14-18 age group.
 India being a signatory to UNCRC is directed in its Articles 28
and 29 to recognize the right of child to education , and achieve
this right progressively and on the basis of equal opputunity.

63.
RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION (AMENDMENT)
ACT,2017
 The following act of parliament
received the assent of the President on
the 9th August 2017.
 Published for general information as an
Act further to amend the Right of
Children to Free and Compulsory
Education Act,2009.

64.
 A new proviso was inserted in sub-section (2) of sec 23
of the principal Act relating to qualifications of
appointment and terms and conditions of service of
teachers.
 It is inserted as “Provided further that every teacher
appointed or in position as on the 31st March, 2015, who
does not possess minimum qualifications as laid down
under sub-section (1), shall acquire such minimum
qualifications within a period of four years from the date
of commencement of the Right of Children to Free and
Compulsory Education (Amendment) Act, 2017.”

65.
 The Right of Children to Free and Compulsory Education
Rules, 2010 are being amended in order to bring these rules in
consonance with the Right of Children to Free and
Compulsory Education (Amendment) Act, 2017, giving
retrospective effect from the date of commencement of the
said Act, i.e. with effect from 1st April, 2015.

66.
Adolescents at risk from sexual offences
 Are Indian Children or Adolescents at Risk from Sexual Offences?
• In 2007, The Ministry of Women and Child Development
released the result of a nation wide survey, in which 12,500
children were participated across 13 States. More than half i.e.
53% said that they have been subjected to one or other forms of
sexual abuse.
• It meant that one in every two children have been the victims of
sexual abuse. 20% of them said they were subjected to severe
form of sexual abuse. 57% were boys who said they were
sexually abused.

67.
 According to the National Crimes Record Bureau 2015, 17,610
Victims cases were there and 17,544 reported cases were there
under section 4 & 6 of the POSCO Act. In which approximately
7600 were adolescents.
 If we go through the statistic on the Offenders relation and
proximity to the victims reported under section 4 & 6 of the
POSCO Act ,2015- the largest numbers were neighbours (36%)
followed by co workers (25%), other known person (23%),
relatives (7%), relatives (4%) and close family members (2%).

68.
THE PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT 2012
 The following Act of parliament received the assent of the
president on 19th June 2012.
 Published for general information as – An Act to protect
children from offences of sexual assault, sexual harassment
and pornography and provide for the establishment of special
courts for the trial of such offences and matters connected
therewith Or incidental thereto.

69.
 For the first time, a special law has been passed to address the
issue of sexual offences against children.
 The POCSO Act,2012 defines a child as any person below the
age of 18 years. The Act provides for stringent punishments ,
which have been graded as per the gravity of offence.
 An offence is treated as “ aggravated” when committed by a
person in a position of trust or authority of child such as a
member of security forces, police officer, public servant, etc.

70.
 Punishments for Offences covered in the Act are:
• Penetrative Sexual Assault (Section 3)- Not less than seven years
which may extend to imprisonment for life, and fine (Section 4)
• Aggravated Penetrative Sexual Assault ( Section 5)- Not less than
ten years which may extend to imprisonment for life, and fine
(Section 6)
• Sexual Assault (Section 7)- Not less than three years which may
extend to five years and fine (Section 8)

71.
 Aggravated Sexual Assault (Section 9)- Not less than five years
which may extend to seven years and fine (Section 10)
 Sexual Harassment of the Child (Section 11)- Three years and
fine (Section 12)
 Use of Child for Pornographic Purposes (Section 13)- Five years
and fine and in the event of subsequent conviction, seven years
and fine (Section14(1))

72.
 The Act provides for the establishment of Special Courts for
trial of offences under the Act. This incorporates child friendly
procedures for reporting, recording of evidence , investigation
and trial of offences.
• Recording the statement of the child at the residence of the
child or at place of his choice , preferably by a women police
officer not below the rank of sub-inspector.
• No child to be detained in the police station in the night for
any reason.

73.
• Police officer to not be in uniform while recording the statement of
the child.
• The statement of the child to be recorded as spoken by the child.
• Assistance of an interpreter or translator or as an expert as per the
need of the child.
• Assistance of special educator or any person familiar with the
manner of communication of the child in case the child is disabled.

74.
• Medical examination of the child to be conducted in the
presence of the parent of the child or any other person in who
the child has trust or confidence.
• In case the victim is girl child, the medical examination shall be
conducted by a woman doctor.
• Frequent breaks for the child during trial.
• Child not to be called repeatedly to testify.
• No aggressive questioning or character assassination of the
child
• In-camera trial of cases.

75.
 To prevent the misuse of the law, punishment has been provided
for making false complaint or providing false information with
malicious intent.
 Such punishments has been kept relatively light (six months) to
encourage reporting. If false complaint is made against a child ,
punishment is higher (one year).
 The media has been barred from disclosing the identity of the
child without the permission of Special Court. The punishment
for breaching this provision by media may be from six months to
one year.

76.
 For speedy trial, the Act provides for the evidence of the
child to be recorded within a period of 30days. Also, the
Special Court is to complete the trial within a period of one
year, as far as possible.
 To provide for relief and rehabilitation of the child , as soon
as the complaint is made to the Special Juvenile Police Unit
(SJPU) or local police , these will make immediate
arrangements to give the child ,care and protection such as
admitting the child into shelter home or to the nearest
hospital within 24 hours of report.

77.
 The Act cast a duty on the Central and State Governments to
spread awareness through media including Television , radio
and the print media at regular intervals to make the general
public ,children as well as their parents and guardians aware of
the provision of this Act.
 The National Commission for the Protection of Child Rights
(NCPCR) and State Commission for the protection of Child
Rights (SCPCRs) have been made the designated authority to
monitor the implementation of the Act.

78.
LEGISLATIVE FRAME WORK OF POCSO
ACT,2012
 Sexual offences are currently covered under different sections of
IPC. The IPC does not provide for all types of sexual offences
against children and, more importantly, does not distinguish
between adult and child victims.
 An amendment needs to be made in this Act as it is well borne
out from the court cases that criminal cases of rape, abduction
and kidnapping are frequently foisted upon young boys /men in
situations , where the young boy and girl have exercised their
right to choice, often against parental sanction particularly in
inter-caste or inter-religion relationships.

79.
THE IMMORAL TRAFFIC (PREVENTION) ACT

80.
Adolescent Trafficking
 Adolescent Trafficking
• Profile : Hundreds and thousands of girls and boys are caught in
powerful nexuses of traffickers and agents are ‘missing’. They
end up being victims of sexual assault; trafficking for sex or for
employment / labour, domestic help, begging; for transfer of
organs ; for pornography including pornographic performances;
development of pornographic material, promotion of sex
tourism and sexual exploitation.

81.
 It is estimated that 92% victims of trafficking have not been
rescued, 6% have been rescued once and 2% rescued twice.
 The routes of trafficking are a web of networks of exploitation
across the 28 states and 7 Union Territories of our country. It is
a pan-Indian Phenomenon.
 It is estimated that ‘those who deliver human cargo make a
profit of Rs20 crore or 200 million per day in India.

82.
 Trafficking for sexual Exploitation
• India reportedly has the world’s largest concentration of child
sex workers. Almost 15% of sex workers enter the profession
before the age 15 and 25% between 15 and 18 years.
• They are trafficked to and from states such as Andhra Pradesh,
Bihar, Karnataka , Uttar Pradesh, Maharashtra, Madhya
Pradesh, Rajasthan and West Bengal.

83.
 Trafficking for Marriage
• The preference of a male child over a female child has resulted
in excessive female feticide particularly in the states of
Haryana and Punjab.
• This skewed sex ratio has led to the trafficking of young
adolescents as brides from villages in Orissa, Jharkhand ,
Bihar, Assam and West Bengal who have been sold by their
parents.

84.
 Child Trafficking for labour
• They are trafficked for labour as being a cheap source of
labour particularly in the informal/unorganized sector where
the work is labour intensive and more manual.
• Labour from West Bengal is highly in demand in industrial
areas like Delhi, Faridabad and Uttar Pradesh as they can be
bought cheaply and paid with nothing.
• Carpet industries, embroidery industry, garment industry,
shrimp /fish export industry are all major recruiters.

85.
 There is a rising demand for live-in maids. This has resulted in
the spike in the number of trafficked girls from villages
particularly from Chhattisgarh , West Bengal and Jharkhand.
 These girls suffer from the placement agencies, abysmal living
conditions and later in the employee’s home. This is being seen
as a new form of bonded labour.
 In sum, human trafficking violates child rights, is forceful and a
denial of basic human rights of free will and agency.

86.
THE IMMORAL TRAFFIC (PREVENTION)
ACT, 1956
 The Indian Penal Code – lays down a number of provisions ,
which are related to trafficking.
• Kidnapping, abducting or inducing woman to compel her for
marriage, etc. (Section 366)
• Selling minors for purposes of prostitution , etc ( Sec 372)
• Buying minors for purposes of prostitution , etc (Sec 373)
• Wrongful restraint (Section 339)
• Wrongful confinement (Section 340)

87.
 In section 2, brothel is defined as “ any house, room ,or place
used for purpose of sexual exploitation or abuse for the gain of
another person or for the mutual gain of two or more prostitutes.”
 Child is the one who has not completed 16 years of age, “ minor”
who has completed 16 years but not completed 18 years and
“Major” who has completed 18 years of age, and prostitution has
been defined as “Sexual exploitation or abuse of person for
commercial purposes.

88.
 Any person who keeps or manages ,or acts or assists in the
keeping or management of, a brothel, shall be punishable on
first conviction with rigorous imprisonment for a term of not
less than three years and also with fine which may extend to
Rs. 2000/-.
 In the event of a second or subsequent conviction , with rigorous
imprisonment for a term not less than two years and not more
than 5 years and also with fine which may extend to Rs.2000/-
(Sec3).

89.
 Programs and schemes for prevention of Immoral Traffic of
women and children are-
• Ujjawala
• ‘Swadhar’ and short stay homes
• Child line services
• Dhanlakshmi
• Kishori Shakti Yojna
• Nutrition programme for adolescent Girls
• Working Women’s Hostel

90.
CHILD LINE SERVICE

91.
LEGISLATIVE FRAME WORK OF
ITPA,1956
 The Constitution of India under article 23 mandated the
fundamental right against forced labour and trafficking stating
that “ traffic in human beings and beggar and other similar
forms of forced labour are prohibited and any contravention of
this provision shall be an offence punishable in accordance
with the law”.
 Under Article 39, the state is exhorted to provide an enabling
environment to children with no material and moral
abandonment.

92.
 Traffic in human beings and forced labour is punishable under
Immoral Traffic (Prevention) Act (ITPA) 1956. Under section 4
of the ITPA the punishment for living in the earnings from the
prostitution of a child is for a term not less than seven years
and not more than 10 years.
 On the contrary punishment for living on the earnings of
prostitute (adults) is for two and a half years with a fine of Rs.
1000.
 Under Section 1, ITPA has established Protective Homes for
girls and women detained under this Act.

93.
THE PROHIBITION OF CHILD MARRIGE ACT

94.
ADOLESCENT CHILD MARRIGE
 Adolescent Child Marriage profile :
• According to the census study there are 1.5 million girls in
India under age 15 already married. One in every five girls
aged 15-17 years and more than half of girls aged 15-24 are
married.
• 47% of India’s girls aged 20-24 are married before the legal
age of 18.
• 40 % of the world’s child marriages take place in India.

95.
• NHFS-4 shows that there is an inverse correlation between the
attainment of education and the odds of getting married . An
analysis done to identify the determinants of early marriage
reveals “ the higher the education the lower the odds that a girl
aged 15-17 would be married and lower the odds that a girl
aged 18-24 would have been married before 18.
• Similarly , the proportion of girls who have begun childbearing
is about three times as high among girls who have no education
as girls who have 10 or more years of education.

96.
 Early marriage and childbearing also impacts adolescent health
causing reproductive health problems, including complications
that come with teenage pregnancies. Nearly 6000 adolescent
mothers die every year in India.
 India has a high maternal and child mortality rate because
young girls, whose bodies are still maturing, are burdened with
child bearing , often in the absence of proper maternal and child
care, in the presence of anaemia and iron deficiency , under
nutrition, and due to short birth intervals.

97.
THE PROHIBITION OF CHILD MARRIGE
ACT,2006
 This is an Act for the Prohibition of
solemnisation of child marriages.
The Child Marriage Restraint Act,
1929 is hereby repealed.
 Child is a person who, if a male,
has not completed 21 years of age ,
and if a female, has not completed
18 years of age.

98.
 Any person having charge of the child, whether parent or
guardian or any other person, lawful and unlawful, including
any member of the organisation , promoting the child marriage
or permitting it to be solemnised , including attending and
participating in a child marriage, shall be punishable with
rigorous imprisonment extending to two years and liable to
fine which may extend up to one lakh rupees.

99.
 The State Government may also request a respectable member
of the locality with a record of social services or an officer of
the Gram Panchayat or municipality or a government officer
or any office bearer of non governmental organisation to
assist Child Marriage Prohibition Officer.
 The duties of the Child Marriage Prohibition officer are-
• To prevent the solemnisation of child marriages
• To collect evidence for the effective prosecution of the
persons contravening the provision of this Act.

100.
• To advise either individual cases or counsel the residents of
the locality not to indulge in promoting , helping, aiding or
allowing the solemnisation of child marriages.
• To create awareness of the evil which results from Child
Marriages.
• To sensitize the community on the issue of child marriages.
• To furnish such periodical returns an statistics as the State
Government may direct
• To discharge such other functions and duties as may be
assigned to him by state government.

101.
LEGAL FRAME WORK OF PCMA 2006
 A child marriage is void if the child is taken away from their
lawful guardian by enticement, force or use of deceitful means
or is sold or trafficked for the purpose of marriage.
 The Act has limitations because it fails to declare all child
marriages as illegal. The provisions of the PCMA are diluted
by the personal laws in the country. For example, the Muslim
personal laws lays down the age of puberty as the age of
marriage.

102.
 The law makes child marriages voidable only when children
or guardians seek annulments of the marriage. In this sense it
presumes, that the child is able to exercise her agency to say
‘No’ to child marriage.
 There are appropriate support systems and institutions to
enable a child to defy marriage and also to rehabilitate her.

103.
 The numbers of child marriages reported and stopped under
the Act have been negligible. For instance, in 2010 there
were only 60 registered cases of child marriages under the
PCMA.
 This can be due to the approval from political, religious and
social systems for child marriages, especially common in
states like Rajasthan and Madhya Pradesh.

104.
THE MEDICAL TERMINATION OF
PREGNANCY (MTP) ACT

105.
ADOLESCENT PREGNANCY
 Adolescent pregnancy in India :
• Early marriage , lack of education , contraceptive information
and reproductive rights, and often sexual violence and /or
forced sex leads to early and unwanted pregnancy and unsafe
childbearing .
• Also, due to lack of and low access to appropriate
information on safer sex, methods of protection ,prevalence of
sexual abuse and exploitation , sexual trafficking and slavery
and rape, prostitution , adolescents girls find themselves in an
exposed and vulnerable environment.

106.
THE MEDICAL TERMINATION OF
PREGNANCY (MTP) ACT,1971
 This law provides the liberalized conditions for women to seek
abortion, and for doctors to do it. Following conditions when a
pregnant women can seek the facility of abortion:
• Therapeutic : when the continuation of pregnancy endangers
the life of women or may cause grave injury to her physical
and mental health.
• Social :
a) When economic & social environment is not suitable for
continuation of pregnancy.
b) Contraceptive failure.

107.
• Humanitarian reasons : such as rape.
• Eugenic reasons : When there is a risk that child born would
be with serious physical or mental abnormalities as to be
seriously handicapped ( e.g. Congenital defects)
• When pregnant woman is mentally not sound ( e.g.
schizophrenia, mania etc.).Written consent of the guardians is
necessary for abortion of such women.

108.
 In case a girl is a minor i.e. below 18 years of age , than a
written consent by parent or guardian is required.
 Medical Termination of pregnancy (MTP) can be done by a
registered medical practitioners registered under the MCI Act.
They are :
• Those who have undergone 6 months housemanship or 3
years post graduate training in obstetrics and gynaecology.
• Registered medical practitioner who have conducted 25
cases of MTP in approved institution.

109.
 When pregnancy is less than 12 weeks of duration then one
medical practitioner can perform the MTP. When pregnancy is
more than 12 weeks of duration then two medical practitioners
should consult each.
 The two practitioners must certify that if pregnancy is not
terminated then it may endanger the life of that women or
mental or physical injury or pregnancy will give ride to
congenital defect in child (sec3).

110.
 MTP can be conducted in government hospital / nursing
homes /centre approved by
• The Government
• District Level Committee constituted by that government
with the Chief Medical Officer (CMO) of district
• District Health Officer as the chairman of the said
committee
Can give such approval after satisfaction about the safety
and quality (Sec 4).

111.
 Termination of pregnancy by unregistered person or the place
shall be an offence punishable with rigorous imprisonment for
a term which shall not be less than 2 years but which may
extend to 7 years under the Indian Penal Code .
 Termination of pregnancy by a RMP under certain emergency
conditions where it is done in good faith and to save life of the
pregnant woman, is not considered an offence.

112.
THE MEDICAL TERMINATION OF
PREGNANCY (AMENDMENT) ACT,2002
 The following Act of parliament received the assent of the
president on the 18th December,2002 .
 Published for general information as An Act to amend the
Medical Termination Pregnancy Act,1971.
 In amendment of sec 2 & 3 , where word ‘Lunatic’ , the
word ‘ mentally ill’ is substituted.

113.
 In sec 4, the District Level Committee should be consist of
not less than 3 or more than 5 members including the
chairperson, as the government may specify from time to
time.

114.
THE MEDICAL TERMINATION OF
PREGNANCY RULES AND REGULATION 2003
 The Rules states that the Committee constituted at the district
level must have one gynaecologist/surgeon/anesthetist/person
from local medical professional body , NGOs, panchayati raj
institution and one of them shall be women. The tenure of
committee is of two years (Rules3).
 Medical practitioners having experience of 3 years or 6
months of house residency in obstetric and gynecology can
carry out MTP up to 20 weeks.

115.
 Medical practitioner who has assisted 25 cases of MTP of
which at least 5 have been performed independently in a
hospital or training institute approved by government can
perform MTP up to 12 weeks of gestation only.
 After conducting termination they must certify opinion and
the termination within three hours in form I (Regulation 3).

116.
 He or she must receive informed consent from the pregnant
woman before termination. It should be kept in a sealed
envelope bearing secret.
 It should be sent to head of hospital or owner or the chief
medical of the state. Head of the Hospital must produce
monthly report in form II (Regulation 4).
 They must maintain a register in form III and enteries should
be made serially yearwise.

117.
 Approval of the place is given by committee on the
recommendation of chief medical officer of h district after
thorough inspection and verification.
 Place can be approved for MTP up to 12 weeks (category A)
and 20 weeks (category B) separately on the basis of
application and facilities.

118.
 The CMO of district may inspect the place of MTP as often as
necessary and may seize any article, medicine , ampoule,
admission register or other document, maintained, kept or
found at the place (Rule 6).
 Certificate of Approval can be cancelled or suspended by the
committee after getting detailed inspection report of the chief
medical officer of the district (Rule 7).

119.
 The owner can apply for review of the order to the
Government within a period of 60 days (Rule 8).

120.
OTHER LEGISLATIONS
 Mental Health Act,1987 :
Any person aged eighteen and above an voluntarily get
admission for inpatient treatment. In case of minor (Less than
18 years of age) mentally ill, can be presented for admission by
the guardian as a voluntary patient.
 The Motor Vehicles Act,1988 :
No person under the age of 18 years shall drive and no person
shall drive a motor vehicle in any public place unless he holds
an effective driving licence issued by authorising person.

121.
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124.
THANK YOU