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Laws related to child

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this is child health nursing topic which is benefical for all nursing students.

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Laws related to child

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