This document summarizes key aspects of child rights and protections in India according to national and international frameworks. It discusses how a child is defined, the evolution of children's rights, and important conventions like the UNCRC. It outlines four main rights for children: survival, development, protection, and participation. The document also summarizes the Juvenile Justice Act and roles of the CWC, JJB, and other institutions. It discusses offenses against children and acts like POCSO and the responsibilities of media to protect children's identities and dignity in their reporting.
5. Child Rights
3 phases in history:
Phase 1: Children as a separate social category
Phase 2: Children’s Rights part of Human Rights
Phase 3: Children’s Right is their own right
6. Important National and International
frameworks
• United Nation Convention on Rights of
Children,1989(UNCRC)
• National Policy for Children, 1974,2013
• National Plan of Action for Children, 2016
7. United Nation Convention on Rights
of the Child, 1989 (UNCRC)
India ratified UNCRC in 1992 except article against
child labour which prohibited child labour till age 18
yrs.
Child rights are categorized into four main rights.
• Right to survival
• Right to development
• Right to protection
• Right to participation
8. UN Convention includes four
principles that are given special
emphasis (General Principles)
• Non-Discrimination
• Best Interests of the Child
• Right to survival and development
• The views of the child
9. Child Rights under Indian Constitution
• Article 14 and article 15 –Right to Equality
• Article 19 – Right to Freedom
• Article 21 A –Free and compulsory education to all
children of the age 6 to 14 years
• Article 24 – Prohibition of child labour below 14 years
of age
• Article 39( e) and Article 39( f)- Protection against
exploitation
• Article 45 – Provide early childhood care and education
for all children until 6 years
• Article 51A- Fundamental duty of parents to provide
education to child between 6 and 14 years of age
12. Legislations related to children
• The Hindu Adoptions and Maintenance Act, 1956
• The Immoral Trafficking (Prevention) Act (ITPA),
1956
• The Child and Adolescent(Prohibition & Regulation)
of Labour Act, 1986
• The Pre-Conception and Pre-Natal Diagnostic
Techniques Act, 1994
• The Juvenile Justice(Care & Protection)of Children
Act, 2015
• The Prohibition of Child Marriage Act, 2006
• RTE Act, 2009
• POCSO Act, 2012
14. Child
Child in conflict with law
• Child alleged or found to
have committed an offence
• Has not completed 18 years
of age on the date of
commission of offence
Child in Need of Care and
Protection
• Abandoned child
• Orphaned
• Neglected, Abused,
Exploited
• Mentally or Physically
challenge
• Missing or runaway etc
15. C W C
(Child Welfare Committee)
▪ Chairperson and four other members – One shall be a
woman, the other an expert on matters concerning children.
▪ District Magistrate shall conduct quarterly review of the
functioning of the committee.
▪ Appeal can be filed to Children's court .
▪ Committee shall function as a bench and have the powers of
a Judicial First Class Magistrate.
Child in Need of Care & Protection
16. Rehabilitation for Child in need of
Care & Protection
▪ Adoption (s.56)
▪ Foster care (s.44)
▪ Sponsorship(s.45)
▪ Children's Home(s.50)
▪ Open Shelter Home (s.43)
17. Child in Conflict with Law
JJB
(Juvenile Justice Board)
▪ Judicial First Class Magistrate
▪ Two social workers
▪ Act as a bench
18. • Observation homes(s.47)
• Place of safety (s.49)
• Special home (s.48)
CCL
• Children's home (s.50)
• Specialized Adoption agency(s.65)
• Open shelter (s.43)
CNCP
Child Care Institutions
19. District Child Protection Unit
Constitution
• District Child Protection
Officer
• Protection officer
(Institutional Care)
• Protection officer
(Non - Institutional Care)
• Legal –cum –Probation
Officer
• Counselor
• Social workers
Functions
• Ensure implementation
of Act in district
• Establishment
&maintenance of
institutions
• Rehabilitation of
children
• Coordination of various
officials and non official
agencies
20. Child Welfare Police Officer (CWPO)
▪ One police officer not below the rank of ASI
(Asst.Sub Inspector) shall be designated as CWPO.
▪ To deal exclusively with children either as victims or
perpetrators in coordination with Police, NGOs etc.
21. Special Juvenile Police Unit (SJPU)
• Experience in the field of child welfare of
whom one shall be woman
• Also includes railway police headed by Dy.SP
• CWPO and two social workers
22. Offences
• Petty Offences – (Below three years
imprisonment)
• Serious Offences – (Three to Seven years
imprisonment)
• Heinous Offences – (Seven years and above
imprisonment)
24. DOs &DONTs
• In no case must a child be kept in a lock-up or jail or along with an adult accused
person.
• The transfer of the child to a CWPO from the nearest police station should not be
delayed.
• In no case must a child be handcuffed or fettered in any manner.
• The child should be promptly informed regarding the circumstances in which he is
being taken under care of the government.
• Appropriate medical assistance where necessary should be provided by the police.
• Assistance of an interpreter where required should be provided.
• Food should be provided to the child.
• The child should not be made to sign any statement.
• The child must not be coerced or treated in a cruel and degrading manner.
• All procedures should be followed keeping in mind the child's self-respect and
dignity.
• The Child Welfare Police Officer (CWPO) should be in civil dress during interactions
with the child.
• It should be ensured that the child is not kept at the police station overnight under
any circumstances.
• The child's privacy and confidentiality of personal details should be maintained at
all times.
25. Stakeholders
• Child line 1098
• DLSA –Dist legal service authorities
• DMHP- Dist mental health programme
• Local self Govt
• Education Department
• Health Department
• Excise etc
26. JJ system- In a nutshell
Sense/outreach
Care/Protection
(institutional care)
Rehabilitation/Re-
integration
(non-institutional
care)
▪ Child Line
▪ Police (SJPU)
▪ Hospitals
▪ Railways
▪ Govt Depts
(labour dept etc)
▪ Community
▪ etc
Institutions like
▪ Observation home
▪ Children's Home
▪ Special Home
▪ Recognized
institute for
adoption
▪ Fit Facility
Family based care
through
▪ Fit person
▪ Re-unification
child’s own family
▪ Sponsorship
▪ Adoption
▪ Foster care
▪ After care
CWC/JJB CWC/JJB
28. What is POCSO Act,2012
Protection Of Children from Sexual Offences Act, 2012
Objective
▪ To protect children from sexual assault, sexual
harassment and pornography
▪ Establishment of special courts for trial of such
offences
29. Important features
• Gender neutral Act
• Child friendly procedure for reporting, recording
evidence, investigation and speedy trial
• Defines sexual offences and punishment
• Mandatory reporting of offences
• Provides ‘In camera’ trial and prohibits revealing
victims identity
31. Sexual Offences
• Penetrative Sexual Assault
• Aggravated Penetrative Sexual
Assault
• Sexual Assault
• Aggravated Sexual Assault
• Sexual Harassment
• Pornography (includes storage)
• Abetment
• Crime against Special Children
32. Penetrative Sexual Assault
Offence ( Section : 3)
Penetration of
• Sexual Organ
• Any Object or thing
• Applies mouth
Into any part of the child’s
body
Punishment (Section : 4)
• 10 years to life
imprisonment with fine
• Child below 16yrs - 20years
to imprisonment for
remainder of natural life.
33. Sexual Assault
Offence
• Touches
• Makes a child touch
• Any other act with sexual
intent which involves
physical contact without
penetration
Punishment
• 3 years to 5 years
imprisonment with fine
34. Aggravated Offences
• Committed by a person or
authority of trust
• Management or staff of
institutions
• Physically and mentally
challenged child
• Child below 12 years
• Gang rape
• Police and Armed Force
etc
• Parade naked
• Relatives
• Attempt murder
• Become impaired
• During communal violence
and natural calamity etc
35. Punishment
Aggravated Penetrative sexual assault
20 years/life imprisonment / death with fine
Aggravated sexual assault
5 years to 7 years imprisonment with fine
36. Sexual Harassment
Offence (section 11)
• Unwelcome sexual remarks
• Demands or request for sexual
favors
• Exhibition of body part
• Repeatedly follow child
through electronic media
• Shows any object to child in any
form or media (pornography)
Punishment (section 12)
• Imprisonment upto
3years and fine
37. Child Pornography
Offences
• Sec :13 - Using child for
pornography
• Using for pornography and
commit sexual offences
• Storage of pornographic
materials
• Transmit
• Stores for commercial
Punishments
• Sec :14 – imprisonment for
5 years to 7years
• Prescribed for the offences
• Fine 5000,repeated fine
10000
• 3 years imprisonment and
fine
• 5years to 7 years
imprisonment
38. Abetment
Offences : section 16
• Instigation
• Conspiracy
• Intentionally aid by act or
omission
• Attempt : section 18
Punishment :
• Same as the offence
(section 17)
• Half of the punishment
prescribed
39. Mandatory Reporting
Any person who has apprehension or knowledge of
commission of offence should mandatorily report
to
▪ The Police (child welfare police officer)
▪ 1098 –Child help line
▪ District child protection unit.
Failure to report – Offence
▪ Imprisonment up to 6 months or fine
▪ No liability over person informing
43. Media
• Often criticized for lack of adequate, balanced
and sensitive coverage on child rights issues.
• Children's Angle
• Improve the quality of life
44. Do’s
• Promote positive attitude towards children
• Keep in mind the rights and best interests of the
child
• Treat the child and family with understanding
and sensitivity
• Remember child has human dignity ,rights,
privacy worth as an adult
• Obtain permission from child ,family and
authority
• Be accurate and confirm accuracy
45. Don’ts
• Don’t disclose the identity of child
• Don’t sensationalize or glorify child abuse or
exploitation
• Don’t make recount the abuse
• Don’t depict the child insignificant
• Don’t stigmatize the child, family or community
• Don’t project the child as powerless or without
legal support
• Don’t discriminate
• Don’t give financial or other inducements
46. POCSO Act, 2012
• Section 20 - Obligation of media, studio etc to
report cases
• Section 21 – punishment for non reporting
• Section 23 – procedure for media
No reports lowering dignity or infringing
privacy
No disclosure of identity
• Publisher /owner - jointly and severally liable
• Punishment – 6 months to 1yr imprisonment and
fine or both
47.
48.
49. Juvenile Justice Act, 2015
• Principles : Privacy
Right to fresh start
• Section 74 – prohibit disclosure of identity of
children- CNCP ,CCL, Witness or Victim
• Permission from authority
• Punishment : imprisonment upto 6months
• Fine upto two lakhs or both
50. Other Acts
• Press Council of India Act 1978
Norms of journalistic conduct
• Indian Penal Code
• The Cable Television Networks(Regulation)Act
1995
• News Broadcasting Standards Authority
• Broadcasting Content Complaints Council
