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They
suffer from many forms of violence. They
There are 472 million children in India do not have access to even primary
under the age of 18 years, representing 39% healthcare. They are subjected to cruel and
of the country’s total population. A large inhumane treatments every day. They are
percentage, 29% of that figure constitute children – innocent, young and beautiful –
children between the ages of 0 to 6 years. In who are deprived of their rights.
addition, 73% of children in India are living
in rural areas, often have limited access to In the history of human rights, the rights of
fundamental needs such as nutrition, access children are the most ratified. The United
to healthcare, education, and protection. The Nations Convention on the Rights of the
high percentage of children living in rural Child (UNCRC) defines Child Rights as the
areas often result in negative repressions in minimum entitlements and freedoms that
terms of children accessing fundamental should be afforded to every citizen below
rights. India’s commission for the protection the age of 18 regardless of race, national
of children’s rights (act 2005) (amended in origin, colour, gender, language, religion,
2006), has had some impact in promoting opinions, origin, wealth, birth status,
children’s rights in India. Notably disability, or other characteristics.
eliminating child labour, protection of These rights encompass freedom of children
children, and young persons. The and their civil rights, family environment,
commission’s mandate is “to ensure all necessary healthcare and welfare, education,
Laws, Policies, Programmes, and leisure and cultural activities and special
Administrative Mechanisms are in line with protection measures. The UNCRC outlines
the Child Rights perspectives as enshrined in the fundamental human rights that should be
the constitution of India and the UN afforded to children in four broad
Convention on the Rights of the Child”, classifications that suitably cover all civil,
adopted in 1989. It is clear that in India political, social, economic and cultural
promoting children’s rights is a government rights of every child:
priority, that is enshrined within the
constitution and protected in legislation. Right to Survival:
Despite this, children in India continue to
• Right to be born
face challenges in attaining these rights,
particularly those related to access to • Right to minimum standards of food,
education, forced labour, and child marriage. shelter and clothing
Given that children make up 39% of India’s
• Right to live with dignity
1.21 billion population, it is imperative that
the rights of these children are met. • Right to health care, to safe drinking water,
nutritious food, a clean and safe
environment, and information to help them
Child Rights: A Gist stay healthy
rape is committed upon a woman under 12 The Women’s and Children’s (Licensing)
years of age, Act, 1956: The Act was enacted with an
object to protect women and children from
gang rape is committed. exploitation and inhuman activities going on
S.376C: When the Superintendent or in institutions. It mandates the institutions
manager of a remand home or any other for women and children to get a license from
place of custody established under law of the licensing authority before establishing or
‘children’s institution’ induces or seduces a maintaining the institution.
woman into sexual intercourse by taking Probation of Offenders Act, 1958: This act
advantage of his official position, he is with the help of the Juvenile Justice Act,
entitled to stringent punishment under this 2000 tries to ensure that no person under the
section. age of 21 years faces imprisonment.
These sections specifically protect the rights National Policy for Children, 1974: It is
of children. Other sections applicable to the first written policy for the children in
punish offenders for a crime can also be India. It aims at providing better
invoked to protect the children against such enforcement of constitutional rights of the
offenders. children along with those granted by the
Guardians and Wards Act, 1890: The act CRC. Some of the provisions include free
supersedes all the laws regarding education, comprehensive health and
guardianship of a child. It is a universal code nutritious plans, etc.
specifically designed for Muslims, Parsis, Bonded Labour System (Abolition) Act,
Christians and Jews as their personal laws 1976: The act aims at eradicating the
bonded labour system in India which Protection of Children from Sexual
exploits the weaker sections of society, Offences Act, 2012: The act aims at
especially children. punishing the offenders who are guilty of
sexual offences against children below the
Child Labour (Prohibition and
age of 18 years of age. It also lays down
Regulation) Act, 1986: This act regulates
procedures for the trial, such as, the name of
the working conditions for children in
child victim shall not be disclosed,
employment and prohibits working of
proceedings of the case are to be conducted
children in certain kinds of employments.
in court with cameras recording the trial,
National Policy on Education, 1986: The accused is not to be kept in-front of the child
policy is extensive in nature and elementary, victim during examination or cross-
university and adult level education, all fall examination, etc.
under its scope. It tries to remove inequality
by making special provisions for women and
Street Children in India
other weaker sections of society such as Majority of us are blessed because when we
Schedule Castes, Schedule Tribes, etc. return home from offices, colleges and
National Policy on Child Labour, 1987: schools there is a family waiting for us
The act endeavors to eradicate child labour which takes away our tiredness. But all are
from Indian society wherever necessary. not that fortunate. Many children in India
are deprived off this feeling of family and
Juvenile Justice (Care and Protection of home. We celebrate every occasion but
Children) Act, 2000: This act is one of the wonder how street children spend their life
important acts in India for the children in and celebrate festivals. They spend their
need of care and protection and also children entire life near bus station, railway station,
in conflict with the law. It requires that the markets, on footpaths, streets etc. Though a
state provides free legal support to the well-structured data and number is not
juveniles, and proper care and protection is available but it is estimated that India has
provided to those in need. It also calls for a more than 4,00,000 street children. 18
child-friendly approach in adjudication and million children work on streets and 5-20%
disposition of matters involving children. have no connection with their families. Also
India has the largest population of street
The Pre-Natal Diagnostic Techniques
children in the world.
(Regulation and Prevention of Misuse)
Amendment Act, 2000: The main objective Definition of a Street Child by UNICEF,
of the Act is to regulate and prevent the pre- “…any girl or boy… for whom the street
natal sex determination in order to prevent (in the widest sense of the word, including
female feticide. unoccupied dwellings, wasteland, etc.) has
become his or her habitual abode and/or
National Health Policy, 2002: This is the
source of livelihood; and who is
second National Health Policy, after the first
inadequately protected, supervised, or
in 1983. The policy provides for Universal
directed by responsible adults”. UNICEF
Immunization Programmes, health care
call street children the most vulnerable
related education in schools and free regular
group of children in India.
health checkups at schools etc.
Mark W. Lusk did a research on street job of a street child is of rag picking, selling
children and came out with four categories newspaper and flowers on traffic signals.
of street children: They also get engaged in stealing, drug-
peddling, extortion and robberies.
Children who return to their families
at night after working on the street
Children working on street but with
They develop a habit of chewing tobacco,
dwindling family ties
drugs and smoking. Apart from this lack of
Children who work and live with
education, poor health, verbal abuse,
their families on the street
psychological trauma, sexual exploitation
Children who work and live with
are just to name.
their families on the street
Among all the problems the biggest one is
Most of the street children in India are boys
that street children in India are not
but that does not mean girls are not
recognized officially and they have no proof
homeless. Homeless girls are subjected to
of their age and residence. Even the schools
worse conditions in terms of prostitution and
offering free education asks such things
all than boys. According to UNICEF,
before giving admission.
approximately 72% of street children are
aged between 6-12 years and 13% are below Condition of girl children living a homeless
6 years of age. life is even pathetic. They become prey of
pimps and then put into prostitution. The
Why do children leave their homes?
Ministry of Women and Child Development
Almost all the studies and surveys on street in 2007 revealed that there are more than 3
children points out that problem of street million sex workers in India and 35.47%
children is an urban problem and directly enter into this world before the age of 18
linked to poverty, family disintegration, years.
urbanization, inadequacy of resources and
growing population. But family violence is Juvenile Delinquency in India
the major factor that forces these children to Juvenile delinquency is defined as “the
leave their homes and make footpath their habitual committing of criminal acts or
real home. According to Indian study offences by a young person, especially one
Subrahmanyarn (Subrahmanyam) & Sondi below the age at which ordinary criminal
in 1990 showed that though the poverty is prosecution is possible.”
the main reason but family discord is the
major problem. These acts are committed mostly by
teenagers, cumulative in today’s civilization,
This onset the problem of child labor. which is a very concerning matter and
Homeless children end up doing hazardous cannot be snubbed. The more concerning
jobs in factories, illegally employed in matter is that generations of youth are
hotels, canteens, restaurants, construction believed to be the future of the world. Their
sites. Without family they are often behavior shows how tomorrow’s future will
exploited by the employers who abuse them be.
and pay less wages. Another most common
juveniles were against women and
such crimes rose 92% all-India
between 2012 and 2014
Statistics:
1 Writ petition (civil) no. 473 of 2005 2 SLP (Crl.) No.1953 of 2013
Court upheld the treating of all is below the age of 18, but in certain
persons “under 18 as a separate areas someone under the age of 21.
category for the purposes of The term like “infant”, “child”,
differential treatment so far as “adolescent”, “teen”, “young person”
commission of offences are are also used, although there are some
concerned” under the Juvenile jurisdiction having legal distinction
Justice Act 2000. between these terms. The child and
4. Deoki Nandan Dayma v. State of Youth Welfare Code, Presidential
Uttar Pradesh3: The court held that Decree No. 603 defines youth offender
entry in the register of school as “one who is over 9 years of age but
mentioning the date of birth of less than 21 years of age at the time of
student is admissible evidence in the commission of the offence.”
determining the age of juvenile or to b. Causes of Juvenile Delinquency:
show that whether the accused is There are some penologists who
juvenile or child. indicate that socio-economic
5. Arnit Das v. State of Bihar 4: The conditions combined with peer
Supreme Court held that date to influence can be an enormous factor in
decide in claim of juvenility should the development of delinquent
be the date on which the accused is behavior. Some of the major causes of
brought before the competent Juvenile Delinquency in USA are
authority. listed
i. Peer Influence
Juvenile Justice in U.S.A.: ii. Family Influence
The United States Supreme Court’s iii. Self-Esteem as a factor in delinquent
involvement in the area of Juvenile Justice behavior
iv. Race as factor in delinquent behavior
greatly altered both the process utilized and
v. Trauma and Delinquency
the protections offered to juveniles within
the system. Procedure in judicial proceeding Juvenile Justice in U.K.:
has traditionally been viewed as especially
important in the US. Justice Frankfurter The English Criminal Justice Administration
says, “The history of American freedom is, while dealing with the problem of Juvenile
in no small measure, the history of Delinquency, preferred to deal with outside
procedure. The court’s seminal opinion in the framework of criminal law. The problem
Re Gault the Juvenile in that case was of Juvenile Delinquency attracted the
found to be delinquent after two hearings. nationwide attention, many reformists
He was sent to reformatory period of six believe that delinquency among the
years. adolescents is a transient phase and it will be
disappeared as they grow older, hence they
a. Age Determination: In the US the age need not to be dealt differently.
of majority is set by individual States,
minor usually refers to someone who a) Age Factor: According to Section
16 “a child under the age of 10 years
should not be arrested”, if a juvenile
3 1997 i0 SCC 525
4 AIR 2000 SC 748 is arrested and later he turns out to be
below the age of 10 years of age he appropriate treatment to the
should be released immediately. A disturbed and mal-adjusted children.
child may be kept in the custody of 3. Families should be educated to
Police only for 72 hours and as soon realize the importance of giving
as possible the constable concerned proper attention to the needs of their
should make arrangement for the young children. Investments in
investigations to take place. If a strengthening parenting skills and
juvenile is charged and he is detained support can go can serve as
he must be bought in front of the preventive measures.
magistrate’s court in accordance with 4. Proper assistance to under-privileged
the provisions of Section 46(1). If a children should be given to build in
Juvenile is arrested under the warrant them good character and law-abiding
should not be released to Schedule 6, attitude.
Para 19 (b) of the Police and 5. Social environment -slum areas,
Criminal Evidence Act. busy market places, gambling
b) Reasons for Juvenile Committing centers, etc., should be improved
Crimes: Over the study of the years 6. The general economic standards of
criminologists put forth a wide range the people must be increased to
of motives for what cause crime. prevent children from becoming-
People who deal with juvenile delinquent due to economic
offenders have cited following exigencies
conditions 7. Measures should be taken to improve
i. Poverty conditions of juvenile homes,
ii. Family Factor correctional homes through regular
iii. Environment inspection, adequate funds and
iv. Media Influence imparting training to staff.
v. Decline Social Morality. 8. The aftercare system should be
strengthened to ensure that a juvenile
Suggestions to improve Juvenile’s
once released continues with his
Conditions:
therapy and is effectively
1. Proper Observation Homes and rehabilitated in the society.
Facilities for Juvenile Offenders:
Since observation homes are like
transit points, they offer no
educational or vocational activities
for these juvenile offenders, as one
presumes that the kids will stay there
for a short while. But the reality is
otherwise. Even if it was different,
not having any activity, even for a
few days, with energetic children is a
sure recipe for disaster.
2. Child guidance clinics should be
established in order to give