Sociology FINAL Right-2 (1) FE

STATUS OF CHILDREN IN SOCIETY: A SOCIO-LEGAL STUDY
PROJECT WORK ON
STATUS OF CHILDREN IN SOCIETY: A SOCIO-LEGAL
STUDY
CHANAKYA NATIONAL LAW UNIVERSITY
SUBMITTED TO: SUBMITTEDBY:
DR SANGEET KUMAR KUSHAGRA KRISHNA
ASSISTANT PROFESSOR OF SOCIOLOGY B.A. LLB
ROLL NO.-1750
1st SEMESTER
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Content Page
SERIAL NO. NAME OF CHAPTER PAGE NO.

1. AIMS AND OBJECTIVES 11
2 REVIEW OF LITERATURE 11
3. RESEARCH QUESTIONS 11
4. HYPOTHESIS 11
5. LIMITATION 11
6. CHAPTERIZATION 14- 48
1. INTRODUCTION
2. RIGHTS ACCORDED TO CHILDREN
UNDER
INDIAN CONSTITUTION
3. VIOLATION OF CHILD RIGHTS IN INDIAN
SOCIETY: SOCIO-LEGAL ANALYSIS AND CENSUS
DATA OF CHILD RIGHTS VIOLATION AND CHILD
LABOUR
4. MECHANISMS FOR PROTECTION OF CHILD
RIGHTS
5. FIELD WORK AND DATA ANALYSIS
6. CONCLUSION AND SUGGESTIONS
BIBLIOGRAPHY 49
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1. INTRODUCTION
“Let us sacrifice our today so that our children can have a better tomorrow”1
A. P. J. Abdul Kalam
“If we are to attain real peace in this world, and if we are to carry on a war against war, we
will have to begin with the children”2
Mahatma Gandhi
Etymologically, the term “child” comes from the Latin infans which means “the one who does
not speak “. For the Roman, this term designates the child from its birth, up to the age of
7 years.
This notion evolved a lot through centuries and cultures to finally designate human being from
birth until adulthood. But this conception of the child was wide and the age of the majority
varied from a culture to an another.
The Convention on the Rights of the Child of 1989 defines more precisely the term “child”:
“a child is any human being below the age of eighteen years, unless under the law
applicable to the child, majority is attained earlier”
The idea, through this definition and all the texts concerning child welfare, is that the child is
a human being with rights and dignity. What characterizes the child, it is his youth and
vulnerability. Indeed, the child is growing, a future adult, who has no means to protect himself.
So, the child has to be the object of a particular interest and a specific protection. In this
perspective, texts proclaiming the protection of the child and his rights were adopted.
Children’s rights were recognised after the 1st World war, with the adoption of the
Declaration of Geneva, in 1924. The process of recognition of children’s rights continued
with the effort of UN, with the adoption of the Declaration of children’s rights in 1959.
1
Quotes on children, https://www.brainyquote.com/quotes/keywords/children.html
(14thApril,2018;07:00pm)
2
Importance of children,http://www.zona-pellucida.com/importance.html( 14thApril,2018;07:00pm)
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The recognition of the child’s interest and his rights becomes real on 20 November 1989 with
the adoption of the International Convention on the Rights of the Child which is the first
international legally binding text recognizing all the fundamental rights of the child.
Socially and physically children are the weakest element of the society. They are not
responsible for many of the cases and do not deserve to suffer. They have no say in any of the
matters of evils like war or external debt. It has been rightly stated in the 1924 declaration of
rights of the child (declaration of Geneva) that has now been used for all child causes
“mankind owes to the chills the best it has to give”. Children are the future.
CHILDREN’S RIGHTS: HUMAN RIGHTS
Children’s rights are human rights. They protect the child as a human being. As human
rights, children’s rights are constituted by fundamental guarantees and essential human rights:
It recognize fundamental guarantees to all human beings : the right to life, the
nondiscrimination principle, the right to dignity through the protection of physical and mental
integrity (protection against slavery, torture and bad treatments, etc.)
Children’s rights are civil and political rights, such as the right to identity, the right to a
nationality, etc.
Children’s rights are economic, social and cultural rights, such as the right to education, the
right to a decent standard of living, the right to health, etc.
Children’s rights include individual rights: right to live with his parents, the right to education,
the right to benefit from a protection, etc.
Children’s rights include collective rights: rights of refugee and disabled children, of minority
children or from autochthonous groups.3
Children’s rights: rights adapted to children
3
Child rights, http://www.amnestyusa.org/our-work/issues/children-s-rights(14thApril,2018;07:00pm)
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Children’s rights are human rights specifically adapted to the child because they take into
account his fragility, specificities and age-appropriate needs.
Children’s rights take into account the necessity of development of the child. The children thus
have the right to live and to develop suitably physically and intellectually.
It plan to satisfy the essential needs for a good development of the child, such as the access to
an appropriate alimentation, to necessary care, to education, etc.
Children’s rights consider the vulnerable character of the child. They imply the necessity to
protect them. It means to grant a particular assistance to them, and to give a protection adapted
to their age and to their degree of maturity.
So, the children have to be helped and supported and must be protected against labour
exploitation, kidnapping, and ill-treatment, etc.4
The UN Convention on the Rights of the Child is the most widely ratified convention in
history. The Convention sets out the rights of children, aged 0 to 18 years, and the
responsibilities of governments to fulfil those rights. Child rights are based on what a child
needs to survive, grow, participate and fulfil their potential. It apply equally to every child,
regardless of ethnicity, gender or religion.
The Convention includes the responsibilities of parents, governments and children themselves
to ensure the rights of children are met.
The UN Convention on the Rights of the Child is guided by four fundamental principles
1. Non-discrimination - all children should have equal opportunities and are of equal
worth regardless of ethnicity, gender, language, religion, wealth or ability.
2. The best interests of the child - laws and actions affecting children should put their
interests first and benefit them in the best possible way.
3. Survival, development, and protection - authorities in each country have the

responsibility to protect children and help ensure their full development—physically,
spiritually, culturally, and socially.
4
Rights of children,http://www.humanium.org/en/child-rights/ html (14thApril,2018;07:30pm)
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4. Participation- children have a right to have their say in decisions that affect them and
to have their opinions taken into account.5
Children's rights are about treating children with the equality, respect and dignity to which they
are entitled, not because they are the “adults of tomorrow”, but because they are human beings
today. Rights are not pieces of property which can be exchanged. If a child has a right, a right
is not automatically removed from someone else. Governments have a responsibility to take
all available measures to make sure children’s rights are respected, protected and fulfilled.
Children face particular exclusions and discrimination against which they have a right to full
protection. The fact that children are not adults, and the low social status afforded to them in
most societies, means they may receive unfair treatment, or be left out of decision-making. For
example, in almost every country children under 18 are denied political power because
they cannot vote, and most countries allow parents to hit their children, even though they
would be prosecuted for assault if they hit another adult. Children's status in society,
among other factors, also means they are more vulnerable to sexual abuse and other
forms of violence and exploitation. There are therefore a number of rights in the
Convention on the Rights of the Child (CRC) which apply especially to children.
Rights are what you should have or be able to do to have the best start in life. These rights are
listed in the UN Convention on the Rights of the Child. All rights are equally important and
are connected to each other. You are born with these rights, and no one can take them away.
Many adults are responsible to help protect your rights and do what is best for you. As you
grow, you have more responsibility to make choices and exercise your rights.
Everyone under 18 has these rights. All children have these rights, no matter who they are,
where they live, what their parents do, what language they speak, what their religion is, whether
they are a boy or girl, what their culture is, whether they have a disability, whether they are
rich or poor. No child should be treated unfairly on any basis.
CHILD IN INDIA
Defining what age a person is or ceases to be a child is a constant debate in the India.
5
UN Convention on the Rights of the Child, https://www.unicef.org.nz/learn/our-focus-areas/child-rights html(
14thApril,2018;07:30pm)
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The Census of India considers children to be any person below the age of 14, as do most
government programmes. Biologically childhood is the stage between infancy and
adulthood. According to the UNCRC 'a child means every human being below the age of
eighteen years unless, under the law applicable to the child, majority is attained earlier'.
This definition of child allows for individual countries to determine according to the own
discretion the age limits of a child in their own laws.6
But in India various laws related to children define children in different age limits.
The Indian Penal Code (IPC) 1860 finds that no child below the age of seven may be held
criminally responsible for an action (Sec 82 IPC).
In case of mental disability or inability to understand the consequences of one's actions

the criminal responsibility age is raised to twelve years (Sec 83 IPC). A girl must be of at
least sixteen years in order to give sexual consent, unless she is married, in which case the
prescribed age is no less that fifteen. With regard to protection against kidnapping,
abduction and related offenses the given age is sixteen for boys and eighteen for girls.
According to Article 21 (a) of the Indian Constitution all children between the ages of six to
fourteen should be provided with free and compulsory education. Article 45 states that the
state should provide early childhood care and education to all children below the age of six.
Lastly Article 51(k) states the parents/guardians of the children between the ages of six and
fourteen should provide them with opportunities for education.
The Child Labour (Prohibition and Regulation) Act, 1986 defines a child as a person who
has not completed fourteen years of age.7
The Factories Act, 1948 and Plantation Labour Act 1951 states that a child is one that has
not completed fifteen years of age and an adolescent is one who has completed fifteen years
of age but has not completed eighteen years of age.
6
UNCRC, http://www.savethechildren.org.uk/about-us/what-we-do/child-rights/un-convention-on-the-
rightsof-the-child html (14thApril,2018;07:30pm)
7
Child Labour Act, 1986, http://www.childlineindia.org.in/child-labour-prohibition-and-regulation-act-1986.htm(14th
April,2018 ; 10:00pm)
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According to the Factories Act adolescents are allowed to work in factories as long as they
are deemed medically fit but may not for more than four and half hours a day.
The Motor Transport Workers Act 1961, and The Beedi And Cigar Workers (Conditions
Of Employment) Act 1966, both define a child as a person who has not completed fourteen
years of age.
The Merchant Shipping Act 1958 and Apprentices Act 1961 don't define a child, but in
provisions of the act state that a child below fourteen is not permitted to work in occupations
of the act.
The Mines Act, 1952 is the only labour related act that defines adult as person who has
completed eighteen years of age (hence a child is a person who has not completed eighteen
years of age).
The Prohibition of Child Marriage Act, 2006 states that a male has not reached majority
until he is twenty-one years of age and a female has not reached majority until she is eighteen
years of age.8
The Indian Majority Act, 1875 was enacted to create a blanket definition of a minor for such
acts as the Guardians and Wards Act of 1890.9
Under the Indian Majority Act, 1875 a person has not attainted majority until he or she is of
eighteen years of age. This definition of a minor also stands for both the Hindu Minority and
Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act, 1956. Muslim,
Christian and Zoroastrian personal law also upholds eighteen as the age of majority. The first
Juvenile Justice Act, 1986 defined a boy child as below sixteen years of age and a girl child as
below eighteen years of age. The Juvenile Justice (Care and Protection of Children) Act, 2000
has changed the definition of child to any person who has not completed eighteen years of age.
8
Child marriage act, https://www.hsph.harvard.edu/population/trafficking/india.childmar.07.pdf(14th
April,2018 ; 10:30pm)
9
Indian Majority Act 1875 ,http://www.lexology.com/library/detail.aspx?g=0b7ad5fc-61bc-49f7-
a382ee6e2588f6d51(4th April,2018 ; 11:00pm)
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DECLARATION BY THE CANDIDATE
I hereby declare that the work reported in the B.A. LL.B (Hons.) Project Report entitle
“STATUS OF CHILDREN IN SOCIETY: A SOCIO-LEGAL STUDY IN INDIA” submitted at
Chanakya
National Law University, Patna is an authentic record of my work carried out under the
supervision of DR SANGEET KUMAR. I have not submitted this work elsewhere for any other
degree or diploma. I am fully responsible for the contents of my Project Report.
(Signature of the Candidate)

KUSHAGRA KRISHNA
Chanakya National Law University, Patna
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ACKNOWLEDGEMENT
Any project completed or done in isolation is unthinkable. This project, although prepared by
me, is a culmination of efforts of a lot of people. Firstly, I would like to thank DR SANGEET
KUMAR for helping me in making the project on
“CHILD RIGHTS : A SOCIO-LEGAL STUDY IN INDIA”
for his valuable suggestions towards the making of this project.
Further to that, I would also like to express my gratitude towards our seniors who did a lot of
help for the completion of this project. The contributions made by my classmates and friends
are, definitely, worth mentioning.
I would like to express my gratitude towards the library staff for their help also. I would also
like to thank the persons asked for help by me without whose support this project would not
have been completed.
I would like to express my gratitude towards the Almighty for obvious reasons. Moreover,
thanks to all those who helped me in any way be it words, presence
Encouragement or blessings...
-KUSHAGRA KRISHNA
1st semester
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AIMS AND OBJECTIVES

The researcher intends to examine:
1. the status of children in Indian society.
2. the provisions for the protection of child rights in India
3. the reason behind the violation of child right in India.
REVIEW OF LITERATURE
The researcher has examined the primary and secondary sources of data in the project. The
primary sources are field work, Constitution of India, legal provisions, case laws and field
work. The secondary sources are books, journals, magazines, newspaper etc.
RESEARCH QUESTIONS
The study has answer of following research question:
1. What are the provisions for protection of child rights in India?

2. Whether these provisions are fruitful or not?
3. What are the Child related data in census records?
4. What are the Social factors behind the violation of child right in India?
5. What are the mechanisms available for the protection of child right in India?
6. What steps should be taken by Government protection of children from inequality and
many ill practices such as child labor?
HYPOTHESIS
The researcher presumes that the :
1. Children in India face many exclusions and discrimination in society.

2. Children are denied of basic facilities and rights which are guaranteed under Indian
Constitution.
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LIMITATION
The present research is confined to a time limit of one month. The research contain both
doctrinal and non - doctrinal works at Patna. The researcher had talked with five people
related to child protection and child development.
SAMPLING TECHNIQUE
Researcher have used purposive and convenient method of sampling due to paucity of time
and various limitations of research.
RESEARCH METHODOLOGY
The researcher has adopted doctrinal as well as non-doctrinal method of research.
AREA OF RESEARCH
Patna city
SOURCES OF DATA
PRIMARY SOURCES
1. Constitution of India
2. Legislative Provisions
3. Case laws
4. Field work
SECONDARY SOURCES
• Books
• Newspaper
• Websites
• Journals
• Magazines
TOOLS OF DATA COLLECTION
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1. Diary
2. Notepad
3. Sound recorder
4. Camera
5. Interview schedule
6. Observation guide
PILOT SURVEY
Researcher have successfully conducted a pilot survey on a small sample from the target group
before opting for the non-doctrinal mode of research or going for a field study and found it
very useful and helping in due course of research. In this the Researcher pre-tested his prepared
questionnaire among people and took their interview in a more informal way.
The researcher has conducted field work after correcting these questions.
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2) RIGHTS ACCORDED TO CHILD UNDER INDIAN

CONSTITUTION
Children on account of their tender age and immature mind need special care and protection.
They have certain special rights and legal entitlements that are being acknowledged nationally
and internationally. The Constitution of India recognized the rights of children for the first
time and included several articles dealing with their liberty, livelihood, and development of
childhood, non-discrimination in educational spheres, compulsory and free education and
prohibition of their employment in factories, mines and hazardous industries.
RIGHT TO EDUCATION
Article 21-A of the constitution states that “right to education-the state shall provide free and
compulsory education to all children of the age of six to fourteen years in such a manner as the
state may, by law determine.”
The Supreme Court in its liberal interpretation of life and liberty as under Article 21 held that
the term liberty not only includes liberty but also includes livelihood but also the right of human
beings to live with dignity and that also includes the right to education, and therefore, right to
education is a fundamental right under the constitution.
The case of Mohini Jain case came to be fortified by the supreme courts subsequent
constitution bench of Unnikrishnan’s case, which held that right to education can be restricted
to primary educational level and not to higher secondary level.
Article 45 Provision for early childhood care and education to children below the age of six
years-
The State shall endeavor to provide early childhood care and education for all children until
they complete the age of six years.10
This article has been substituted by the Constitution (eighty-sixth amendment) act, 2002 which
received assent of the President on Dec. 12 2002. By this amendment a new Article 21-A
providing for right to education has also been inserted. This is in keeping with the hope
expressed in the Supreme Court in Unnikrishnan and Mohini Jain that conversion of the
10
Cases related to education of children,https://indiankanoon.org/doc/1791268/(14th April,2018 ; 09:00am)
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State’s obligation under Article 45 into a fundamental right would help achieve the goal at a
faster speed. This is now also a fundamental duty of parents and guardians to educate such
children as provided in clause (k) of Article 51-A.
Article 45 states the “provision for free and compulsory education for children- the State shall
endeavor to provide, within a period of ten years from the commencement of the Constitution,
for free and compulsory education for all children until they complete the age of fourteen
years”.
However this goal has not been achieved even after fifty years of the commencement of the
Constitution. It was held that there was nothing to prevent the State from discharging that
solemn obligation through the government and aided the schools, and Article 45 does not
require the obligation to be discharged at the expense of minority communities.
RIGHTS AGAINST EXPLOITATION
Article 23 states that “prohibition of traffic in human beings and forced labour.-
(1)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 law.
(2)Nothing in this Article shall prevent the state from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.11
Traffic in human beings means to deal in men and women like goods, such as or to sell or let
or otherwise dispose them of. It would include traffic in women and children for immoral or
other purposes. The immoral traffic (prevention) Act, 1956 is a law made by parliament under
Article 35 of the constitution for the purpose of punishing acts which result in traffic in human
beings.
In pursuance of Article 23 the bonded labour system has also been abolished and declared
illegal by the bonded labour system (abolition) act, 1976. To ask a person to work against his
will and not provide him remuneration can be a breach under Article 23 of the Constitution.
11
Child rights against exploitation, http://www.iloveindia.com/constitution-of-india/right-
againstexploitation.html(14th April,2018 ; 09:00am)
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In no circumstances can a man be required to work against is will.
Article 24-“prohibition of employment of children in factories,etc- No child below the age of

fourteen years shall be employed to work in any factory or mine or be engaged in any hazardous
employment”
The court in M.C.Mehta v. State of T.N noted that menace of child labour was widespread.
Therefore, it issued wide ranging directions in the context of employment and exploitation of
children in Sivakasi prohibiting employment of children below the age of 14 and making
arrangements for their education by creating a fund and providing employment to the parents
or abled bodied adults in the family.12 These directions were reiterated in Bandhua Mukti
Morcha v. Union of India, concerning the employment of children in carpet weaving industry
in India. The apex court took note of the sociological angle and possible resistance from parents
and society to the total elimination of child labour and in fact, allowed the continuance of child
labour in the case of Salal hydro project v. state of J&K. That is why Article 24 limits the
prohibition to only factories, mines and other hazardous employment. The court had clearly
lost an opportunity of interpreting Article 24 as a charter for total elimination of child labour,
and making it compulsory for children to be found in school up to primary.
But even after 10 years after the child labour( prohibition and abolition acts, 1986, the act once
again continues permitting child labour where it is not prohibited. The apex court are not
however willing to reconsider its decision and continued to give sops to employers so that in
some way or the other child labour is permitted even in industries which are hazardous to the
health of the children. In the case of M.C.Mehta, Justice M.M.Punchi expressed his thoughts
on child labour. He stated that “I see in this scheme (child labour) varied kind of benefits
accruing depending upon the social strata in which such schemes are introduced. It would be
an ideal transition to adulthood; it will provide a sense of responsibility and instill confidence
and pride in the work of the child; very importedly the child will understand the concept of
dignity and labour, it will be an extremely constructive use of time by the child, and it will also
be a welcome source of income in the family….”. The judge was also quoted saying that the
elimination of child labour altogether would be harsh…
12
M.C Mehta case, https://www.crin.org/en/library/legal-database/mc-mehta-v-state-
tamilnadu(14thApril,2018 ; 09:00am)
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CHILD LABOUR:
Articles 23 and 24 of the constitutions determine the term “child labour”.
The Child Labour (Prohibition and Regulation) Act, 1986
This act was enacted on 23rd December 1986 by the parliament and was enforced on 26th may
1993 by the central government. The act was ineffective for over 8 years due to the inactiveness
of the state and central government. The object of the act is
• ban on the employment of children i.e., those who haven’t completed their fourteenth
year, in specified occupations;
• lay down a procedure to decide modifications to the schedule of banned occupation and
processes;
• regulate the conditions of work of children in employment where they are not prohibited
from working;
• lay down enhanced penalties for employment of children in violation of the provisions
of this act, and other acts which forbid the employment of the children;
• to obtain uniformity in the definition of “child” in the related laws
The intention of this act was to ban the engagements of child labour in certain employments
and to regulate in areas where it has not been prohibited. It provides power to the government
to make rules with reference to health and safety wherever the employments of children are
permitted. Night work for children is prohibited. The hours of work for the children are also to
be considered by the state and the central governments.
The act enables the governments to appoint inspectors to enforce the provisions of the act and
it has also provided stringent penalties including imprisonment for violations of the provisions
of the act.
Any occupation which may be connected with transport of passengers, goods and mails, cinder
packing, construction of railways, selling of fire crackers etc….may be included as child labour
activities. Process may include bidi-making, carpet weaving, cement manufacture, cloth
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printing, weaving, dyeing, manufacture of matches, explosives etc.. will fall under the category
of child labour.13
13
Child labour,http://labour.gov.in/sites/default/files/act_3.pdf(14th April,2018 ; 09:00pam) A
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3) VIOLATION OF CHILD RIGHTS IN INDIAN SOCIETY : SOCIO

LEGAL ANALYSIS AND CENSUS DATA OF CHILD RIGHTS
VIOLATION AND CHILD LABOUR
Trafficking of children, particularly for sexual exploitation
With instances where children just "disappear" overnight in some parts of India, as many as 1
every 8 minutes (according to National Crime Records Bureau data), the sordid horror of child
trafficking is very apparent. Children are today traded like objects, but the nature of this crime
makes it hard to track in India. This is why India is not only a hub but simultaneously a transit
point for child trafficking, via Nepal and Bangladesh. At last count, 200,000 Nepalese girls
under the age of 16 were found to be actively involved in prostitution in India.
There are 3 reasons behind India's child trafficking problem
i. Rampant poverty and lack of opportunities: parents sell their children for merely a
handful of rupees
ii. Child trafficking as a highly profitable, albeit illegal business which has buyers from
across the world. It is the third most profitable organised crime business, generating
billion dollar revenues annually.
iii. Vulnerability of the child, and lack of enforcement of child rights14
CENSUS DATA 2011
1) Out of school and school dropout contributing to the larger number of potential child
labourers within the state
2) Still 5% of children are out of school as compared to 3% national average
3) 35.7% dropout by the time they complete their primary education and 58.3% by
the time they complete upper primary in the year 2010 – 2011
4) As per census us 2011 there are total 1.08 million child worker in Bihar between 5
– 14 years of age
14
https://www.savethechildren.in/resource-centre/articles/violation-of-child-rights-in-
indiansociety(14thApril,2018 ; 09:00am)
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5) Trafficking of children for the purpose of labour has increased multifold form
January 15 , 2015 to October 15 , 2015 the department of social welfare and labour
jointly has received over 1950 cases .
Status of children rescue since 2011
Year Inspection Rescued Presentation
2011- 2012 12288 863 632
2012 -2013 11330 1637 1258
2012 – 2013 9308 778 522
2013 – 2014 8429 848 698
2014 – 2015 12705 1342 910
2015 - 2016 8835 1063 722
Total 62895 6531 4742
Causes of child labour –
1) Poverty
2) Ignorance of parents
3) Traditions of making child learn family skill
4) Social apathy towards child labour
5) Non availability of schools 6) Large families
Reason of child labour –
1) Children are quick learner and pick up skill in doing minute work example carpet
industry (nimble finger )
2) They do not protest
3) They are unable to bargain
4) They maintenance cost is very low
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VIOLENCE AGAINST CHILDREN, INCLUDING SEXUAL VIOLENCE
One of the biggest reasons for unreported and therefore largely unaddressed incidence of
violence against children, especially sexual violence, is a social stigma. 2012 saw 9500 child
and adolescent murders, making India the third largest contributor to child homicide (WHO
2014, Global Health Estimates), while 1 in 3 adolescent girls between 15 to 19 years experience
violence (physical, sexual or emotional), from their significant others. Child abuse is often
unreported when it involves family members or by people in institutions such as schools or
government homes, due to the classic family structure practiced in rural India.15
According to the ‘UN Special Rapporteur On Violence Against Women’, there has been a
336% increase of child rape cases from 2001 to 2011. Neglect is an important component of
emotional violence, and it occurs when children are not given enough attention, food, or
recreation time.
CHILD LABOUR, INCLUDING WORKING IN HAZARDOUS CONDITIONS
According to a 2015 report by the U.S. Department of Labour, a list of goods produced by child
labour or forced labour featured India among 74 countries with “significant incidence of critical
working conditions”. Recent legislation regarding child labour has been unfavourable, with
permission to children below 14 years of age to work in family enterprises or entertainment
industry. This still includes scope for abuse, especially considering that India is home to the
largest child labour population in the world.
It is not rare to find thousands of children toiling in the fields for 14-16 hours a day, in labour
intensive professions like farming, stone cutting sector, mining industry, and zari and
embroidery. This is being worsened by the entry of multinational companies into India, to
exploit the lack of accountability in labour law and cheap labour. Child labour is reportedly
highest among scheduled tribes, Muslims, schedule castes and OBC children, despite
aggressive reservation policies favouring this demographic.16
India is sadly the home to the largest number of child labourers in the world.
15
http://unicef.in/Whatwedo/23/Violence-Against-Children(14thApril,2018 ; 9:30am)
16
Child labour,http://www.childlineindia.org.in/child-labour-india.htm(14thApril,2018 ; 10:00am)
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The census found an increase in the number of child labourers from 11.28 million in 1991 to
12.59 million in 2001. M.V. Foundation in Andhra Pradesh found nearly 400,000 children,
mostly girls between seven and 14 years of age, toiling for 14-16 hours a day in cottonseed
production across the country of which 90% are employed in Andhra Pradesh.
Child Labour in India 40% of the labour in a precious stone cutting sector is children. NGOs
have discovered the use of child labourers in mining industry in Bellary District in Karnataka
in spite of a harsh ban on the same. In urban areas there is a high employment of children in
the zari and embroidery industry.
Poverty and lack of social security are the main causes of child labour. The increasing gap
between the rich and the poor, privatization of basic services and the neo-liberal economic
policies are causes major sections of the population out of employment and without basic
needs. This adversely affects children more than any other group. Entry of multi-national
corporations into industry without proper mechanisms to hold them accountable has leads to
the use of child labour. Lack of quality universal education has also contributed to children
dropping out of school and entering the labour force. A major concern is that the actual number
of child labourers goes un-detected. Laws that are meant to protect children from hazardous
labour are ineffective and not implemented correctly.
A growing phenomenon is using children as domestic workers in urban areas. The conditions
in which children work is completely unregulated and they are often made to work without
food, and very low wages, resembling situations of slavery. There are cases of physical, sexual
and emotional abuse of child domestic workers. The argument for domestic work is often that
families have placed their children in these homes for care and employment. There has been a
recent notification by the Ministry of Labour making child domestic work as well as
employment of children in dhabas, tea stalls and restaurants "hazardous" occupations.
Centre for child rights, child labour is highest among schedules tribes, Muslims, schedule
castes and OBC children.
The persistence of child labour is due to the inefficiency of the law, administrative system and
because it benefits employers who can reduce general wage levels. Distinguishing between
hazardous and non hazardous employment is counter-productive to the elimination of child
labour. Various growing concerns have pushed children out of school and into employment
22 | P a g e
such as forced displacement due to development projects, Special Economic Zones; loss of
jobs of parents in a slowdown, farmers' suicide; armed conflict and high costs of health care.
Girl children are often used in domestic labour within their own homes. There is a lack of
political will to actually see to the complete ban of child labour.
Bonded child labour is a hidden phenomenon as a majority of them are found in the informal
sector. Bonded labour means the employment of a person against a loan or debt or social
obligation by the family of the child or the family as a whole. It is a form of slavery. Children
who are bonded with their family or inherit a debt from their parents are often found in
agricultural sector or assisting their families in brick kilns, and stone quarries. Individual
pledging of children is a growing occurrence that usually leads to trafficking of children to
urban areas for employment and have children working in small production houses versus
factories. Bonded labourers in India are mostly migrant workers, which opens them up to more
exploitation. Also they mostly come from low caste groups such as dalits or marginalised tribal
groups. Bonded child labourers are at very high risk for physical and sexual abuse and neglect
sometimes leading to death. They often are psychologically and mentally disturbed and have
not learnt many social skills or survival skills.
In 2000 the ILO estimated 5.5 million children had been forced in labour in Asia, while the
Bonded Labour Liberation Front placed 10 million bonded children in India alone. In 1998 the
government of India labelled bonded child labour as a marginal problem with only 3000 or so
cases. A survey in Tamil Nadu in 1995 found 125,000 bonded child labourers in the state alone.
Child bonded labour in India is mostly in the agricultural sector but has in recent times been
moving into other sectors as well such as beedi-rolling, brick kilns, carpet weaving,
commercial sexual exploitation, construction, fireworks and matches factories, hotels, hybrid
cottonseed production, leather, mines, quarries, silk, synthetic gems, etc. Child Labour in India
Child labour in India is addressed by the Child Labour Act, 1986 and National Child Labour
Project.
Forced displacement, caused by 'development' projects (including Special Economic Zones)

migration to urban areas, farmer suicides, and armed conflict is also cause of child labour.
This often results in children being exploited into bonded child labour, a form of slavery.
23 | P a g e
These children become psychologically and mentally disturbed, they thus become dependent
on their 'owners'.17
Discrimination against girls in education
There is a saying in Andhra Pradesh "Bringing up a daughter is like watering a plant in another's
courtyard." While there is extensive research about the socio-economic impact of gender
discrimination, the biggest effect is on the mind of tomorrow's women, Indian girls, who are
deeply influenced by the myth of female inferiority. This translates to a generation of women
unaware of their rights and capabilities.
Even at birth, India's masses prefer a boy over a girl. Girls in India are given less food
(including access to breastfeeding), fewer healthcare consultations, making anaemia and
mineral deficiency common. Despite high female literacy, Delhi, Gujarat and Rajasthan still
show discrimination against girls. This is seen in the high dropout rate of girls, who are
expected to help with household work and taking care of younger siblings. This worsens the
rural gender gap in female and male equality, as girls underperform in school. Depriving a
child of their basic rights, just because they are a girl, is a gross violation of child rights.18
DISCRIMINATION AGAINST CHILDREN ON THE BASIS OF CASTE, TRIBE OR

INDIGENOUS BACKGROUND
People belonging to scheduled castes (SCs) and scheduled tribes (STs) have faced
discrimination throughout generations, and this trend is prevalent even to this day. According
to Parliamentary findings, violence against the SC/ST community has increased over the years.
An upward graph emerges when seeing the number of cases lodged under the SCs/STs
Prevention of Atrocities Act in 1999 (34,799), and 2001 (39,157 cases) a large number of cases
of violence against SC/ST are reported in Rajasthan and Madhya Pradesh has the largest
number of atrocities against Scheduled Tribes. Many of these cases are unregistered.
17
Bonded child labour, https://www.hrw.org/report/1996/09/01/small-hands-slavery/bonded-child-labor
india( 14thApril 2018, 9;30am)
18
Discrimination against girls, http://yapi.org/childrens-rights/discrimination-against-the-girl-child/ (14th April
2018, 10:00 am)
24 | P a g e
Child abuse is prevalent in Dalit and other tribal communities, and anecdotes of violence, rape,
and torture are common. These acts are executed not only by high caste Hindus but also
separatists and insurgents. This has resulted in systematic oppression of the community;
Literacy among SC/ST population is incredibly low, and states like Rajasthan, Uttar Pradesh,
and West Bengal have the lowest SC enrolment and attendance figures.19
19
Discrimination against children, https://www.crin.org/en/library/publications/discrimination-
briefingchildren-and-religious-discrimination (14th April 2018, 10:00am)
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4) MECHANISMS FOR PROTECTION OF CHILD RIGHTS
India is home to the largest child population in the world. The Constitution of India guarantees
Fundamental Rights to all children in the country and empowers the State to make special
provisions for children. The Directive Principles of State Policy specifically guide the State in
securing the tender age of children from abuse and ensuring that children are given opportunities
and facilities to develop in a healthy manner in conditions of freedom and dignity. The State is
responsible for ensuring that childhood is protected from exploitation and moral and material
abandonment.
The first step to fulfil the rights of children can be found in the Constitution of India. There are
a number of articles that address various needs of children as outlined below. The articles are
divided into two categories: Fundamental Rights and Directive Principles of State Policy.
National Mechanisms Fundamental Rights are justifiable in a court of law and are negatives that
prohibit the states from doing thing. The courts are bound to declare a law as invalid if it violates
a fundamental right.
CHILD RELATED POLICIES
Declaring its children as the nation’s “supremely important asset” in the National Policy for
Children, 1974, the Government of India reiterated its commitment to secure the rights of its
children by ratifying related international conventions and treaties. These include the Declaration
of the Rights of the Child, Universal Declaration of Human Rights and its Covenants, the
Convention on the Rights of the Child and its two Optional Protocols, the United Nations
Convention on the Rights of Persons with Disabilities, the United Nations
Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and
Punish Trafficking in Women and Children, the Hague Convention on Protection of Children
and Cooperation in respect of Inter-Country Adoption, and the Convention on the Elimination
of All Forms of Discrimination against Women.
In 1983 the Government of India came out with a National Health Policy (NHP) to govern the
functioning of the public health sector. The results of the 1983 policy were mixed; while some
initiative flourished others didn't yield results. In 2002 the Ministry of Health and Family
Welfare introduced an updated health policy. In this policy they outlined the achievements and
drawbacks of the 1983 policy and drew up new plans for the sector.
26 | P a g e
In an attempt to address inequalities of access to health services, the policy proposes an increase
in primary health expenditure in order to open more outlets. Programmes that address children's
need such as Reproductive and Child Health including the Universal Immunization Programme
need to continue to function to achieve the desired goals. The policy points out that people are
not using the public health services because they do not provide the patients with essential drugs.
Hence the policy outlines the need to improve delivery of necessary drugs through increased
central govt. funding.20
The Nutrition Policy of 1993 outlines the nutritional status of India and the importance of such
a document. At the time in 1993 there were already a number of mechanisms in place to address
the issue of mal-nutrition and under-nutrition such as the Integrated Child Development Services
(ICDS), Special Nutrition Programme, and Wheat Based Nutrition Programme etc. The policy
outlines a few additional provisions to ensure proper nutrition of all populations.
Under the direct, short term services section the policy calls for the need to expand the ICDS
and similar programmes to cover the actual population of children in India. It is also required
that mothers be given the proper information and support to provide for their children by growth
monitoring for effective nutrition. Adolescent girls and expecting mothers also need to be taken
into the purview of programmes. Foods provided to society need to fortify against nutrient loss,
low cost nutritious food needs to be produced for poorer families, and programmes should
attempt to address and prevent nutrient deficiencies especially among women, expecting and
nursing mothers and children.
Under indirect long term and structural changes the policy calls for the establishment of food
security reserves. The dietary patterns of people need to be adjusted for better health by
producing healthier food, increasing agriculture input to yield high nutrient foods, and aligning
the food and agricultural policies to the nutritional needs of the nation. There is a need for
poverty alleviation programmes and a functional public distribution system to ensure that poor
families are capable of buying food. There is need for basic land reforms to address the needs of
the landless poor. Health services under the Health and Family welfare Ministry also ties into
the nutritional needs of the populations and hence should be strengthened. Awareness about
basic health and nutrition is vital to a healthier population. There is also a need to strengthen
20
http://www.childlineindia.org.in/National-Health-Policy-2002.htm(14thApril,2018 ; 10:00am)
27 | P a g e
surveillance of nutrition especially of children, adolescent girls and pregnant mothers. Other
areas that require government implementation, intervention and assistance is monitoring of
programmes, administrating minimum wage, insuring effective community participation, and
education.
To ensure the implementation of this policy it outlines the need for inter-ministerial coordination
through the establishment of a committee, the constitution of a National Nutrition Council,
various tasks for the State governments, and proper monitoring of children's nutritional status.21
The National Policy on Education is an extensive document that covers all aspects of education
from elementary to university level and even adult education. The Following section is an
overview of all aspects of the policy that directly deals with children ages 0-18. The 1992 revised
NPE states that aim of education is to keep intact India's long accepted values of secularism,
socialism, democracy and professional ethics. Education is fundamental to the all round
development of a person. The 1992 NPE promises efforts to develop a common school system
through 10+2+3 structure. The policy accepts the +2 as part of school education. With the
Constitutional Amendment of 1976, education has been placed on the concurrent list, which
gives the central government a bigger role in the implementation of education. In an attempt to
remove inequalities in the education system, the policy emphasises the important of special
programmes for marginalized groups as such women, schedule tribes (STs), schedule castes
(SCs), handicapped, etc. Some of the provisions for SCs listed are incentive to families, pre-
matric scholarships, constant micro-planning to ensure enrolment, retention and successful
completion of SC students, recruitment of SC teachers, hostel provisions for SC students and
appropriate location of school building to facilitate participation of SCs. Similar provisions are
made for STs including use of youth teachers and use of tribal languages at initial stages.
According to the policy education must be culturally applicable and inculcate values in the
children and hence society. There is need to develop the use of local languages in education.
There is a need for low prices books and improvement in library management as well as
additional libraries. There are provisions in the policy for work experience as a part of education,
population education, using math as a tool to teach analytical thinking, strengthen science
education, and support sports, physical education and yoga. The policy called for greater
participation of educated youth and revision of the evaluation system so that it does not simple
21
http://www.childlineindia.org.in/National-Nutrition-Policy-1993.htm(14th April,2018; 10:30am)
28 | P a g e
reflects rote learning. It emphasises the importance of teacher training, and continual teacher
education. The policy devotes an entire section to overhauling the planning and management
system surrounding education at national, state, district and local levels. It outlines that it is both
the government and the communities responsibility for providing funds and that inadequate or
non-investment is a major problem facing education.22
CHILD RELATED LEGISLATIONS

Advisory for Eliminating Corporal Punishment in Schools under Section 35 (1) of the RTE
Act, 2009
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which has come into
force with effect from 1 April 2010, prohibits „physical punishment‟ and „mental harassment‟
under Section 17(1) and makes it a punishable offence under Section 17(2).
Section 17, Prohibition of physical punishment and mental harassment to child –
(1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the of sub-section (1) shall be liable to disciplinary action under the
service rules applicable to such person.
Sections 8 and 9 of the RTE Act place a duty on the appropriate Government and the local
authority to “ensure that the child belonging to weaker section and the child belonging to
disadvantaged group are not discriminated against and prevented from pursuing and completing
elementary education on any grounds”.23
Guardians and Wards Act, 1890
The Guardians and Wards Act, 1890 was a law to supersede all other laws regarding the same.
It became the only non-religious universal law regarding the guardianship of a child, applicable
to all of India except the state of Jammu and Kashmir. This law is particularly outlined for
Muslims, Christians, Parsis and Jews as their personal laws don't allow for full adoption only
guardianship. It applies to all children regardless of race or creed.24
According to this act a minor/child is any person who has not completed 18 years of age. The
court or appointed authority has the ability to decide the guardian of a child by appointing one a
22
http://www.childlineindia.org.in/National-Policy-on-Education-1986.htm(14th April,2018 ; 11:00am)
23
http://www.childlineindia.org.in/Child-Related-Legislations.htm(14th April,2018 ; 11:00am)
24
Guardians and Wards Act, 1890,http://courtingthelaw.com/2016/05/10/commentary/summary-of-
theguardian-wards-act-1890/(14 April,2018 ; 11:00am)
29 | P a g e
guardian or removing another as a guardian. No order will be passed without an application.

Applications should contain all possible information about the child and guardian and reasons
for guardianship. Once the court admits the application into court, then the court will set a date
for the hearing. The court will hear evidence before making a decision. A minor and his property
may have more than one guardian. The court must work in the interest of the minor, taking into
consideration the age, sex, religion, character of the guardian, the death of the parent(s), relation
of the child to the guardian, etc. The minor's preference may be taken into consideration.
Immoral Traffic Prevention Act, 1986
The Immoral Traffic (Prevention) Act, 1956 is an Act which provides in pursuance of the
International Convention signed at New York on the 9th day of May, 1950, for the prevention
of immoral traffic. The Act intends to combat trafficking and sexual exploitation for commercial
purposes. While prostitution is not an offence, practicing it in a brothel or within 200 m of any
public place is illegal.
The following Act leads to the codification of an Act that laws down rules and regulations
regarding the sensitive issue of prostitution. It protects women and children from forceful flesh
trade. This leads to reduction of objectification of women and children. Through this Act,
children can be further protected and offenders who force children can be punished for the same.
The Act regularized prostitution and provides assistance to all women and children who have
been forced into the same. The provisions of the Act clearly state that it is an offence to force
any child for flesh trade or trafficking of a child for various other purposes.
The State Government may in its discretion establish as many protective homes and corrective
institutions under this Act as it thinks fit and such homes and institutions, when established, shall
be maintained in such manner as may be prescribed.24
Right to food Legislation and Children
Over half the children in India are malnourished and about one-quarter are so severely
malnourished that they have shrunken brains and stunted bodies. A new generation of millions
of Indians will grow to adulthood disabled. More than half of all women are anaemic with
pregnant and lactating women suffering severe anaemia and malnutrition.
To meet this situation of widespread and chronic hunger the Government of India initiated
several programmes:
24
Immoral Traffic Prevention Act, 1986 http://www.hrln.org/hrln/child-rights/laws-in-place/1715-the-
immoraltraffic-prevention-act-1956.html#ixzz4fAjnhM6W(14April,2018 ; 1:00pm)
30 | P a g e
• The Mid-Day Meal Scheme for children in schools.

• The Integrated Child Development Scheme for children in the age groups 0-6 years,
adolescent girls and pregnant and lactating women.26
The Midday Meal Scheme and the Integrated Child Development Services Scheme are
universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural
areas and 50% in urban areas). The Section 2(11) of the Act states that a meal means a hot-
cooked meal or pre-cooked and heated meal or take home ration, as may be prescribed by the
Central Government. Children aged six months to 14 years will get take-home rations or hot
cooked food.27
The National Food Security Act, 2013 also called as ‘The Right to Food Act” aims to provide
subsidized food grains to two thirds of India's 1.2 billion people.
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production,
Supply and Distribution) Act, 1992 as Amended in 2003 (IMS Act)
The purpose of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 and its
2003 amendment is to promote breast feeding of new born children and infants. It also looks
to ensure that infant foods are regulated and used appropriately.
This act states that no person should advertise, promote or mislead people to believe that infant
food, feeding bottles and infant milk substitutes are an acceptable replacement of mother's
milk. No person can distribute or supply infant food, feeding bottles and infant milk substitutes,
or contact any expecting mother or mother of an infant, or offer inducement in an attempt to
sell or promote infant food, feeding bottles and infant milk substitutes. Section five states, no
person shall donate or distribute infant food, feeding bottles and infant milk substitutes or any
material regarding the same, except the health system.
The law requires that any manufacturer, supplier or distributer of infant food and infant milk
substitutes needs to put warning labels on the project insuring that the customer understands
that mother's milk is the best food for an infant, and that these products should only be used
under the advice of a healthcare worker. The product should also give clear instructions for
use, nutritional information, ingredients and manufacture and expiry information, etc. Infant
food and infant milk substitute products are not permitted to have photos of babies or
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26
Right to food for children, http://www.hrln.org/hrln/right-to-food.html(14th April,2018; 1:00pm)
27
Mid day meal scheme,http://childlineindia.org.in/Right-to-Food-Legislation-andChildren.htm(14thApril,2018
; 1:00pm)
mothers, images or designs that increase saleability, and use words like maternalised or
humanised, etc.25
National Commission for Protection of Child Rights (NCPCR)
The National Commission for Protection of Child Rights (NCPCR) was established in March
2007 as a statutory body under the Commissions for Protection of Child Rights Act, 2005. It
was set up to protect, promote and defend child rights in the country. The Commission consists
of a chairperson and six members who are well versed in child welfare.
The functions and powers of the National Commission is to:
• Examine and review the legal safeguards provided by or under any law for the
protection of child rights and recommend measures for their effective implementation
• Prepare and present annual and periodic reports upon the working of these safeguards
• Inquire into violation of child rights and recommend initiation of proceedings in such
cases
• Undertake periodic review of policies, programmes and other activities related to
child rights in reference to the treaties and other international instruments
• Spread awareness about child rights among various sections of society
• Examine and recommend appropriate remedial measures for all factors that inhibit
the enjoyment of rights of children affected by terrorism, communal violence/riots,
natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and
exploitation, pornography and prostitution
• Undertake and promote research in the field of child rights
• Inspect institutions meant for juvenile/children
• Inquire into complaints of deprivation and violation of child rights,
nonimplementation of laws and non-compliance policy decisions, guidelines or
instructions.
25
Infant Milk Substitutes, http://wcd.nic.in/sites/default/files/infantmilkpact1.pdf(14thApril,2018 ; 4:00pm)
32 | P a g e
The National/State Commission consists of seven members including a Chairperson and six
members, of which at least two need to be women. The Act provides for Children’s Courts
for speedy trial of offences against children or of violation of Child Rights.
The Act empowers the State Government to notify at least a court in the State or a Court of
Sessions in each district as a Children’s Court, with concurrence of the Chief Justice of the
concerned High Court. For every Children’s Court, the State Government is required to
appoint a Public Prosecutor or appoint an advocate who has been in practice for not less than
seven years as the Special Public Prosecutor.26
The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was
formulated in order to effectively address sexual abuse and sexual exploitation of children.
The Act defines a child as any person below eighteen years of age. It defines different forms
of sexual abuse, including penetrative and non-penetrative assault, as well as sexual
harassment and pornography. It deems a sexual assault to be “aggravated” under certain
circumstances, such as when the abused child is mentally ill or when the abuse is committed
by a person in a position of trust or authority like a family member, police officer, teacher,
or doctor. The Act also casts the police in the role of child protectors during the investigative
process. Thus, the police personnel receiving a report of sexual abuse of a child are given
the responsibility of making urgent arrangements for the care and protection of the child,
such as obtaining emergency medical treatment for the child and placing the child in a shelter
home, and bringing the matter in front of the CWC, should the need arise.2728
Under the JJ Act 2015, juveniles between 16 and 18 years of age, who are found guilty of
committing heinous offences through a preliminary inquiry by the Juvenile
Justice Board, will be sent to a children’s court that can pronounce the child guilty.
Such juveniles can be detained in a ‘place of safety’ until they reach the age of 21. The
26
Children’s Court, http://unicef.in/Story/786/Commission-for-Protection-of-Child-Rights(14th April,2018 ;
04:00pm)
27
POCSO, http://arpan.org.in/protection-of-children-from-sexual-offences-act-pocso/(14th April,2018 ;
28
:00pm)
33 | P a g e
Child Welfare Committees will look at institutional care for children in their respective
districts. Each committee will have a chairperson and four other members, all specialists in
matters relating to children.
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5) FIELD WORK AND DATA ANALYSIS
INTERVIEW SCHEDULE 1:
SECTION A
PLACE: Patna DATE: 13-04- 2018 TIME: 4:00 P.M
NAME : Mohit Kumar
AGE : 51years
EDUCATIONAL QUALIFICATIONS: LL.B
PROFESSION : Advocate
WORK PLACE : Patna High court
EXPERIENCE : 28 Yrs
SECTION B:
35 | P a g e
1. What you understand by the term Child rights?

Child rights are the rights accorded to children by our constitution and by various
legislative provisions for their proper care and protection.
2. Do you think children are safe in the present society?
The present condition of the children in the society is not satisfactory. As the children
of our society are still indulge in child labour and many of them are still deprived from
proper education and health facilities. Day to day we came across many cases related
to child abuse, exploitation, kidnapping, and ill-treatment with children. So I don’t
think so children are really safe in our society.
3. Why children got indulge in child labour?
In many of the cases due to poor economic condition of the family parents indulge
their children in child labour. In some cases traffickers made children indulge in child
labour.
4. What measure can be taken to end child labour from our society?
Child labour can only be ended by the joint efforts of governments as well as members
of the society. Proper awareness in the weaker section of society is essential for
elimination of child labour from our society.
36 | P a g e
5. Do you think provisions like free and compulsory education, midday meal scheme
are fruitful ?
Yes, these provisions are really fruitful as many children got free education and mid-
day meal scheme also attracted many children towards school.
6. How does Child welfare committee function?
The sole authority of CWC is to deal with matters concerning children in need of care and
protection. A Committee has to be constituted for each district or group of districts, and consists of a
chairperson and 4 other persons one of whom at least should be a woman. The committee has the final
authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the
children as well as to provide for their basic needs and human rights. A child rescued from hazardous
occupation, brothel, abusive family or other such exploitative situation must be produced before the
CWC who will conduct an inquiry to ensure optimum rehabilitation with minimal damage to the child.
Children in need of care and protection are sent directly to the children’s home by the Child
Welfare Committee that passes necessary orders for their rehabilitation, restoration and social
re-integration.
7. Do you think children are aware of their rights?
Most of them are not aware of their rights.
8. What type of changes you wants in the society for the protection of child right?
As children are the indespensible part of the society so it the duty of every member of society
to protect the violation of child right in any form. Only with the help of the members of the
society we are able to protect the rights of the children. I want more cooperation from public
side.
37 | P a g e
SECTION A
PLACE: Patna DATE: 13-04-2017 TIME: 5 P.M
NAME: SONU KUMAR
FATHER’S NAME: DINA RAM
FATHER’S OCCUPATION: DAILY WAGE LABOURER

AGE : 12 years
SECTION B
38 | P a g e
1. Have you ever gone to any school?

No, I haven’t.
2. Are you not interested in study?
I am interested in study but I used to work to earn my living so, I don’t have time to
attend school.
3. What do your parents do?
My father work as a daily wage labourer and my mother work as a maid.
4. What do you do earn your living?
I used to sell balloons to earn my living.
5. What is your daily earning?
200 to 300 per day
6. How much hours you spend on it?
I used to sell it whole day from 9 O’clock in the morning to 10 O’clock at night.
39 | P a g e
SECTION A
PLACE: Patna DATE: 13- 04- 2018 TIME: 6:00 PM
NAME : Mukhtarul Haque
AGE : 54years
EDUCATIONAL QUALIFICATIONS: M.A in History
PROFESSION : Social worker
WORK PLACE : Bachpan Bachao Andolan
EXPERIENCE : 26 years
SECTION B:
40 | P a g e

Child rights are the rights of the children which the constitution has provided them for
their proper care and protection.
I don’t think so children are really safe in our society.
Due to poor economic condition most of the children get indulge in child labour.
Education is one of the way through which child labour can be ended. Child labour
can only be ended by the joint efforts of governments as well as members of the
society. Proper awareness in the weaker section of society is essential for elimination
of child labour from our society.
5. How do your N.G.O helps the children?
My N.G.O mainly focuses on issues related to children like adoption of orphan and
lost children, child labour , counselling of children and other issues related to children
so our ultimate aim is child protection.
6. Does your N.G.O get any government support?
Yeah we get fund from Bihar government and we also get donations from public.
7. Are you satisfied with the government support?

No, I am not satisfied with the government support. As government didn’t give us
adequate fund and also most of the time we didn’t get the fund on time.
Most of them are not aware of their rights as there is lack of awareness among them.
9. What type of changes you want in the society for the protection of child right?
I want members of society to take stand whenever they see any kind of violation of child right. As
we all know in most of the cases we used to act as a silent witness of violation of child right. This
is the main reason due to which children of our society suffers.
41 | P a g e
SECTION A
NAME : Kishore Kunal
AGE : 38 Yrs
PROFESSION : Social worker,(Assistant Registrar ,BSLSA)
WORK PLACE : BSLSA
EXPERIENCE : 05 yrs
SECTION B:
42 | P a g e

As we know children are innocence so, to protect their rights our constitution has
provided them some rights for their protection. Some rights are also given to them
through various legislations.
2. What is the main reason for the violation of child right in India?
Violation of child rights happens due to the fault on the part of both government as well
as members of the society. Law alone can’t eliminate child labour, bonded child, child
abuse unless there is social transformation and cooperation from the members of
society.
3. Do you think present government provisions are sufficient for the protection of child
rights?
No, I don’t think so as still are victim of child labour, child abuse , child trafficking
and many other ill practices despite having proper legislations on each and
everything. It can’t be denied that government fails to implement those provisions
properly.
4. Why children get indulge in child labour?
Due to poor economic condition of family and illiterate parents most of the children
get indulge in child labour.
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Education is one of the way through which child labour can be ended. Child labour
can only be ended by the joint efforts of governments as well as members of the
society. Proper awareness in the weaker section of society is essential for elimination
of child labour from our society.
6. How do BSLSA helps the children?
BSLSA works for the care and protection of children. Our primary aim is to end child
labour. For this we run many awareness programmes. We also focus on issues related
to children like adoption of orphan and lost children, child labour , counselling of
children and other issues related to children so our ultimate aim is child protection.
7. Does your BSLSA get any government support?
Yeah we get fund from Bihar government.
Most of them are not aware of their rights as there is lack of awareness among them.
I want members of society to take stand whenever they see any kind of violation of
child right. As we all know in most of the cases we used to act a silent witness of
violation of child right. This is the main reason due to which children of our society
suffers.
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SECTION A
NAME : Vishal Kumar
AGE : 36 years
EDUCATIONAL QUALIFICATIONS: LL.B
PROFESSION : Advocate
WORK PLACE : Patna city court
EXPERIENCE : 10 years
SECTION B:
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Some rights which are given by our constitution which cannot be taken away by
anyone.
I don’t think so children are really safe in our society because many adult take benefit
of their innocence and take undue advantage of them.
Many poor family regard child as a source of income that’s why they indulge their
children in child labour.
4. What do you think is the role of any counsellor ,who is the member of Child Welfare
Committee?
As a child counsellor he should provide counselling services to children in conflict
with law and children in need of care and protection. He as a member of CWC should
also organise awareness programme in remote areas to make people aware about child
right.
Law alone in cannot eliminate child labour or bonded child labour unless there is
social transformation and people employing child labour feel ashamed. People have to
be sensitised towards the children irrespective of their caste, creed, colour, sex or
religion. It is possible only with the combined efforts of government and society.
Most of them are not aware of their rights as many of them belong to poor and illiterate family
where no one is there to make them aware of their rights.
I want more recognition and representation of children in the society. Our first task is to make
children as well as members of society aware about the rights of children.
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DATA ANALYSIS
Freshly released Census 2011 data has revealed two alarming facts: as many as 78 lakh
Indian children are forced to earn a livelihood even as they attend schools while 8.4
crore children don't go to school at all.
Although the share of working students is low, compared to the whole student
population, the numbers are sufficiently big to show how much importance is placed
on education by families and the children themselves. They also point to the increasing
cost of education, which should ideally be free for the age group of 5 to 17 years.
Among students who work, 57 per cent are boys, the remaining 43 per cent are girls.
Not surprising in a country where women account for only 27 per cent of the workforce
because of patriarchal attitudes and lack of jobs force them into domestic work.29
29
Data related to child labour, http://timesofindia.indiatimes.com/india/8-4cr-Indian-children-dont-
attendschool-Census-data/articleshow/54473779.cms(14April,2018;5:00pm)
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Recently, the Protection of Children Against Sexual Offences Act (2012) and Immoral Traffic
(Prevention) Act have been given more teeth to fighting child rights violation. The last year
has seen an increased number of cases filed, due to awareness about legal recourse, translating
to an increase in a number of convictions. 2016 is the first year that National Crime Records
Bureau has spoken on the relationship of victim and accused in rape cases. With the
demonstrated high volume of workplace sexual abuse, the data is a proof of the unsafe nature
of child labour of any kind.
Workplace relationship of child labour and their assaulters
It is well known that cases of sexual exploitation involve perpetrators known to the child more
often than strangers. The latest data add to this, finding that 25% of rapes of children in the
year 2015 were committed by their employers and co-workers. This fact has been extracted
from the National Crime Records Bureau (NCRB) 2015 data on the 8,800 child rape cases
registered using the Protection of Children Against Sexual Offences Act (POCSO).
Interestingly, the registered rape cases, in which women were sexually assaulted in their
workplace, were only 2%. In child labour cases, boys were abused as frequently as girls
according to the 2007 study conducted along with the Ministry of Women and Child
Development. 488 cases saw the victim raped by grandfathers, brothers, fathers and even sons.
At 55% and 49% respectively, Tamil Nadu and Gujarat reported the highest number of child
workplace sexual abuse cases.
The big picture
i. The number of cases registered for child abuse raised from 8,904 in the year
2014 to 14,913 in the year 2015, under the POSCO Act. Sexual offences and
kidnapping account for 81% of the crimes against minors
ii. Preventive measures designed to ward off strangers (installing CCTV cameras
and providing self-defence training) will be ineffective, as children do not know how
to ward off unwanted sexual advances from their known relatives, acquaintances or
workplace seniors, who they trust.
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iii. POSCO: State wise cases - Uttar Pradesh led the highest number of child abuse
cases (3,078) followed by Madhya Pradesh (1,687 cases), Tamil Nadu (1,544 cases),
Karnataka (1,480 cases) and Gujarat (1,416 cases).
Along with workplace cases, here are other findings of rapists being known to children:
94.8% of rape cases saw children being raped by someone they knew, not strangers.
These acquaintances include neighbors (3,149 cases) who were the biggest abusers
(35.8%).
10% of cases saw children being raped by their own direct family members and relatives.30
30
Data on child right violation, https://www.savethechildren.in/resource-centre/articles/recent-statisticsof-child-abuse
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6. CONCLUSION AND SUGGESTIONS
The welfare of the entire community depends on the health and welfare of the child. The
betterment of the child is the betterment of the community because child is the future leader.
Obviously, a neglected and abused child will never become a good and responsible citizen.
Like many developing countries, India still face problems of infant mortality, child marriage,
maternal mortality, and the phenomena of child widows, child trafficking even across national
borders for prostitution, child abuse and child labour. There are several challenges ahead.
Child marriage are still on in spite of the Child Marriage Restraint Act 1928. There is abuse
and exploitation of children through international trafficking, through sex tourism, and even as
instruments of amusement. The act itself is very weak and dilatory. Child marriages are valid
even though there is a prescribed minimum age of marriage.
During the past few decades, the problem of child abuse and child right violation is on the rise
perhaps, because of poverty and illiteracy. The problem of child labour, poverty, nutrition,
education, employment and respecting their rights at every front has acquired a very chronic
nature and things cannot be done instantly, it requires time and patience. This problem is further
aggravated because of greedy needs of parents, relatives, employers and society at large.
Parents and relatives put them to work to meet the daily needs of family and slowly become
dependent on their income.
The employer employs children in various dangerous and hazardous works as they are
economically submissive and easy to control. Society at large employs child as domestic help.
A child whether from rich or poor background have their own miserable stories, they live in
those stories, grows with them and experience something deadly every day. The child feels
enslaved even today as they find no redressal of their problem except some policies and
programmes on paper.
Child abuse and child neglect are offences not only against child but also against the whole
society. If a child is a national asset, it is the duty of the state to look after the child and to
ensure full development of his personality. But the reality is harsh as the children are not safe
even with the people having actual charge of and control over a juvenile i.e. parents or inloco-
parentis. There are a number of provisions in the IPC and in other social legislations to protect
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the rights of children and punish those who are involved in exploiting kids. But the laws are of
no use, if the society at large is not aware of the laws because of non- representation of cases.
The Constitution of India recognized the rights of children and had several articles dealing
with their liberty, livelihood, and development of childhood, non-discrimination in educational
spheres, compulsory and free education and prohibition of their employment in factories, mines
and hazardous industries.
Although we have Child Labour (prohibition and Regulation) Act, 1986 which prohibits the
employment of children in certain employment and regulates the conditions of work of children
in certain other employments.
But the Law alone in an end to eliminate child labour or bonded child labour unless there is
social transformation and people employing child labour feel ashamed. People have to be
sensitised towards the children irrespective of their caste, creed, colour, sex or religion. It is
possible only with the combined efforts of government and society.
Due to the poor economic conditions of a large population in our country, the government has
accepted the grim fact that its concern is not to pull children out of the labour force but to
ensure that working conditions are improved. The recommendation of the committee on child
labour for total ban on employment of children has not been accepted by the Government
possibly due to the reason that labour is an inevitable by- product of poverty which is long
away from being eradicated and hence the cruelty in this field is unavoidable.
As child are the future of nation so it the duty of each and every member of society to protect
them and to raise their voice whenever they came across any kind of violation of child right.
Protection of children right is only possible through the social solidarity of each and every
member of society.
Suggestions
1. There should be a need for a uniform law of adoption so that the children of all
religious communities can be adopted.
2. Child sexual abuse need a sensitive law.
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3. Schools, as compared to other situations, are the safest place for children and
therefore efforts should be made to increase the enrolment and retention of children
in school by adopting innovative, child friendly methods of teaching.
4. Adequate infrastructure must be provided to the schools including sanitation
facilities, keeping in the mind the special needs of the girl child. It will encourage
enrolment and retention of female children in schools.
5. The high incidence of corporal punishment (beating) in the schools is a clear
indicator of the absence of use of positive disciplining techniques by teachers. There
is an urgent need for formulating a central legislation banning corporal punishment
and creating a system wherein such cases are not only reported but strict action
taken against abusive teachers and principals.
6. The National policies for the welfare of children must be dynamic and adopt itself
to the changing situations and help in anticipating possible consequences of social
change.
7. The National Policy should view the needs of children both normal as well as those
suffering from various types of handicaps,( physical, mental and social) and should
also maintain provisions to promote their development into society.
8. The children of economically weaker sections, delinquent, destitute, neglected and
abandoned children must be provided facilities to overcome their difficulties and to
become a good citizen.
9. The problem of child abuse and child right violation need to be dealt with area
specific context in matters of child labour, child prostitutions, child abdonoment,
abuse and neglect.
10.To curb the child rights violations and child abuse by parents , India has to adopt
Planned parenthood to provide the child a mere congenial, safe and protective
domestic environment.
11.The traditional concept of absolute parental authority and illegal submission has to
be effectively changed through education and legislative process.
12.It is required more particularly that the emphasis is to be laid down on reporting of
child abuse cases.
13.If the problem of child right violation has to be eradicated or even reduced, it should
first be recognized as an issue both by professional and law enforcing authorities.
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14.Apart from stringent laws and measures to prevent child abuse there is a need to
sensitise and educate people who are responsible for protection of child rights (
such as parents, teachers, guardians, employers etc) .
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age
BIBLIOGRAPHY
BOOKS
Asha Bajpai,Child Rights in India ( 2nd edition, 2006)

Robert C. Fellmeth,Child Rights & Remedies (Clarity Press, 7th edition, 2002)
WEBSITES
• https://www.brainyquote.com/quotes/keywords/children.html
• http://www.zona-pellucida.com/importance.html
• http://www.amnestyusa.org/our-work/issues/children-s-rights
• http://timesofindia.indiatimes.com/india/8-4cr-Indian-children-dont-attend-
schoolCensusdata/articleshow/54473779.cms
• http://www.hrln.org/hrln/child-rights/laws-in-place/1715-the-immoral-
trafficprevention-act-1956.html#ixzz4fAjnhM6W
• http://www.humanium.org/en/child-rights/ html
• https://www.unicef.org.nz/learn/our-focus-areas/child-rights html
• http://www.childlineindia.org.in/National-Health-Policy-2002.htm
• http://labour.gov.in/sites/default/files/act_3.pdf
• http://wcd.nic.in/sites/default/files/infantmilkpact1.pdf
• http://www.savethechildren.org.uk/about-us/what-we-do/child-rights/unconvention-
on-the-rights-of-the-child html
• http://www.childlineindia.org.in/National-Policy-on-Education-1986.htm
• http://www.childlineindia.org.in/Child-Related-Legislations.htm
• http://courtingthelaw.com/2016/05/10/commentary/summary-of-the-guardianwards-
act-1890/
• http://www.hrln.org/hrln/right-to-food.html
• http://childlineindia.org.in/Right-to-Food-Legislation-and-Children.htm
• https://www.crin.org/en/library/legal-database/mc-mehta-v-state-tamil-nadu
• https://www.savethechildren.in/resource-centre/articles/recent-statistics-of-childabuse
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STATUS OF CHILDREN IN SOCIETY: A SOCIO-LEGAL STUDY

CHANAKYA NATIONAL LAW UNIVERSITY

SUBMITTED TO: SUBMITTEDBY:

DR SANGEET KUMAR KUSHAGRA KRISHNA

ASSISTANT PROFESSOR OF SOCIOLOGY B.A. LLB

SERIAL NO. NAME OF CHAPTER PAGE NO.

CHILDREN’S RIGHTS: HUMAN RIGHTS

Children’s rights: rights adapted to children

3. Survival, development, and protection - authorities in each country have the

In case of mental disability or inability to understand the consequences of one's actions

DECLARATION BY THE CANDIDATE

(Signature of the Candidate)

“CHILD RIGHTS : A SOCIO-LEGAL STUDY IN INDIA”

for his valuable suggestions towards the making of this project.

AIMS AND OBJECTIVES

1. What are the provisions for protection of child rights in India?

1. Children in India face many exclusions and discrimination in society.

The researcher has adopted doctrinal as well as non-doctrinal method of research.

2) RIGHTS ACCORDED TO CHILD UNDER INDIAN

RIGHTS AGAINST EXPLOITATION

In no circumstances can a man be required to work against is will.

Article 24-“prohibition of employment of children in factories,etc- No child below the age of

Articles 23 and 24 of the constitutions determine the term “child labour”.

The Child Labour (Prohibition and Regulation) Act, 1986

• to obtain uniformity in the definition of “child” in the related laws

3) VIOLATION OF CHILD RIGHTS IN INDIAN SOCIETY : SOCIO

Trafficking of children, particularly for sexual exploitation

There are 3 reasons behind India's child trafficking problem

CENSUS DATA 2011

Status of children rescue since 2011

Year Inspection Rescued Presentation

2011- 2012 12288 863 632

2012 -2013 11330 1637 1258

2012 – 2013 9308 778 522

2013 – 2014 8429 848 698

2014 – 2015 12705 1342 910

2015 - 2016 8835 1063 722

Total 62895 6531 4742

Causes of child labour –

Reason of child labour –

VIOLENCE AGAINST CHILDREN, INCLUDING SEXUAL VIOLENCE

CHILD LABOUR, INCLUDING WORKING IN HAZARDOUS CONDITIONS

Forced displacement, caused by 'development' projects (including Special Economic Zones)

Discrimination against girls in education

DISCRIMINATION AGAINST CHILDREN ON THE BASIS OF CASTE, TRIBE OR

4) MECHANISMS FOR PROTECTION OF CHILD RIGHTS

CHILD RELATED LEGISLATIONS

guardian or removing another as a guardian. No order will be passed without an application.

• The Mid-Day Meal Scheme for children in schools.

National Commission for Protection of Child Rights (NCPCR)

The functions and powers of the National Commission is to:

committing heinous offences through a preliminary inquiry by the Juvenile

5) FIELD WORK AND DATA ANALYSIS

1. What you understand by the term Child rights?

NAME: SONU KUMAR

FATHER’S NAME: DINA RAM

FATHER’S OCCUPATION: DAILY WAGE LABOURER

1. Have you ever gone to any school?

1. What you understand by the term Child rights?

7. Are you satisfied with the government support?

1. What you understand by the term Child rights?

1. What you understand by the term Child rights?

Workplace relationship of child labour and their assaulters