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Legislations for adolescents

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Legislations for adolescents

  4. 4. Introduction Background Legislations for Adolescents References
  5. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
  17. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
  33. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.’.
  56. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
  80. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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
  91. 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. 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.
  94. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
  105. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 119.  The owner can apply for review of the order to the Government within a period of 60 days (Rule 8).
  120. 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. 121. REFRENCES  http://apps.who.int/adolescent/second-decade/section/section_2/level2_2.php  Bhalwar R.et al, Classification of diseases, In: Text book of Public Health and community medicine, Department of community medicine, AFMC in collaboration with WHO, India office, New Delhi Publishers,1st edition,Pune,2009,Page no:856  NCPCR: Status of Children in14-18 years, Review of policy, programme and legislative frame work (2012-2013), Available at ncpcr.gov.in/viewfile.php?fid=466  Park K. Textbook of Preventive and Social Medicine, Edi 24, 2017, Banoth Publishers, Jabalpur , pg. 624-627.  J. Kishore. National Health Programs of India, National Policies and legislations related to health, Edi 12,2017, Century publishers,New Delhi, pg.875- 898,906,956.
  122. 122.  Draft Twelfth Five Year Plan 2012-17, Planning Commission , Government of India, Social Sectors (Volume 3), pg.196.  Mid term Appraisal for Elventh Five Year Plan 2007-2012.Available at http: //planning commission.nic.in/plans/mta/11th mta/chapterwise/chap11 women.pdf  Gazette of India. The Juvenile Justice (Care and Protection of Children) Act,2000(56 of 2000).  Gazette of India. The Juvenile Justice ( Care and Protection of Children) Act,2015(2 of 2016)  Gazette of India. The Child Labor (Prohibition and regulation) Amenment Act,2016(35 of 2016)
  123. 123.  India Country Report: To prevent and combat Trafficking and Sexual Exploitation of Children and Women, World Congress III Against Sexual Exploitation of women and Adolescents(2008).  National Crime Records Bureau, 2015. Available at ncrb.nic.in/StatPublications/ADSI/ADSI2015/adsi-2015-full-report.pdf  Study on child abuse: India 2007,Ministry of Women and Child Development, Government of India.  T.Liden “Secondary Education” in India Infrastructure Report2012: Private Sector in Education ,IDFC Foundation,Routledge,Delhip.128- 131.  NFHS-3,2005-2006, Available at rchiips.org/NFHS/factsheets.html  NFHS-4,2015-2016,Available at rchiips.org/NFHS/factsheet_NFHS- 4.shtml
  124. 124. THANK YOU