Child Protection Law and Policy (Paper)

  • Shristi Sahu, SLS Noida
  • December 25, 2020

Content :

The issues faced by the children of the country and throughout the world is humongous. From lack of proper education to horrendous sexual offences against the children, the children and orphans have the most saddening experiences throughout their lives. Due to inadequate education in the early years of their lives, the children lack the proper understanding of the functioning of the various aspect of the world. Hence, the children are generally misguided by individuals, corporation and companies. These children end up begging, being expoiltated, being prostitute, being malnourished and diseased at the end of the day. To prevent these there has been various enactments of Acts and laws. The research paper analyses the various Acts and legislations, focusing the real scenario of the issues faced by the underprivileged children of the society. Some acts focus only on one issue confronted by the children such as The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted to deal with the crime against children in nature of sexual abuse, sexual harassment and pornography. (POCSO Act) was enacted with the inclusion of international standards of child protection.  Other acts such as The Children Act, 1960 consists of a myriad of issues faced by the children but it is applicable only in the Union Territories of  India. The Juvenile Justice (Care and Protection of Children) Act, 2000 provides for the procedure for trial of a delinquent child. Additionally, there are also articles in the Constitution of India which protects the life of the innocent children. Article 14, article 15, article 21, article 23, article 24 and article 39 which provides for the right to equality, the prohibition of discrimination, right to life and personal liberty, prevention of trafficking and prohibition of forced labour, prevention of employment of children in hazardous factories and directing the state policies to provide for amenities for the development of children in a healthy manner is enshrined respectively. So the fundamental rights along with Directive Principles of State Policies protects the children of the country theoretically too. The implementation and execution of the Acts and legislations is the harbinger of change in the real scenario.