Posted on: 02/04/2025

Laws for the Protection of Children. by Jitendra Shaligram Udawant

Introduction

Children’s are the future of the country. Children are the most valuable members of society. Their protection is a fundamental responsibility of any nation. Here we are focused on the country of India. Here we discuss laws relating to the children’s in regard to their protection. In India, the protection of children's rights and their overall well-being is protected by various laws, policies, and constitutional provisions. The Indian legal system recognizes the importance of safeguarding children from exploitation, abuse, neglect, and discrimination. Over the years, India has framed several laws and amended international conventions to ensure the holistic development and protection of children. This article discusses the key laws and mechanisms in place for the protection of children in India, to make and develop a healthy society, culture, manners, educated and intelligent citizens are necessary. For these protection and well mannered and ethical education, skill and protection laws are necessary.

However, the current socio-economic landscape, coupled with the rapid interference of digital technology, has introduced new challenges. Many children are increasingly being diverted to illegal activities. It includes accessing inappropriate or illegal websites, due to factors such as the allure of a glamorous lifestyle, family poverty, and lack of proper guidance.

This article highlights the legal framework for child protection in India, the current situation, and the measures needed to address these emerging challenges.

Constitutional Provisions for Child Protection

The Constitution of India provides the foundation for the protection and welfare of children. Many articles expressly address the rights and well-being of children:

1. Article 21A: The 86th Constitutional Amendment Act in 2002, mandates the state to provide free and compulsory education to all children aged 6 to 14 years. This article recognizes education as a fundamental right, ensuring that children have the right to access to quality education.

2. Article 24: This article prohibits the employment of children (below the age of 14) in factories, mines, or any other hazardous place. The aim of this article is to protect children from exploitation and ensure their safety.

3. Article 39(e) and (f): Part of the Directive Principles of State Policy, these clauses emphasize the state's duty to ensure that children are not abused or forced into occupations unsuitable for their age. It also highlights the importance of providing opportunities for healthy development in a free and dignified manner.

4. Article 45: This article directs the state to provide early childhood care and education for all children until they complete the age of six years.

5. Article 51A(k): This fundamental duty obligates parents or guardians to provide opportunities for education to their children between the ages of 6 and 14 years.

These constitutional provisions underscore the state's commitment to protecting children's rights and ensuring their holistic development.

Key Legislations for Child Protection in India

India has enacted several laws to address various forms of child exploitation, abuse, and neglect. Some of the most significant legislations include:

1. The Juvenile Justice (Care and Protection of Children) Act, 2015: This act replaced the Juvenile Justice Act of 2000 and provides a complete framework for the care, protection, and rehabilitation of children in conflict with the law and children in need of care and protection. It establishes Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) to address issues related to children. The act promotes the principle of "best interest of the child" and introduces provisions for the adoption and foster care of children.

2. The Protection of Children from Sexual Offences (POCSO) Act, 2012: POCSO is a one of the important legislation enacted to address sexual abuse and exploitation of children. It defines various forms of sexual offenses against children, including penetrative and non-penetrative assault, sexual harassment, and pornography. The act mandates the establishment of Special Courts for the speedy trial of offenses and ensures child-friendly procedures during investigations and trials.

3. The Right of Children to Free and Compulsory Education (RTE) Act, 2009: The RTE Act operationalizes as per Article 21A of the Constitution, ensuring free and compulsory education for children aged 6 to 14 years. It prohibits corporal punishment, mental harassment, and discrimination practices such as in schools. The act also mandates the inclusion of disadvantaged groups, such as children from economically weaker sections and those with disabilities.

4. The Child Labour (Prohibition and Regulation) Act, 1986 (Amended in 2016): This act prohibits the employment of children below the age of 14 in all occupations and processes. It also regulates the working conditions of adolescents (14-18 years) and prohibits their employment in hazardous occupations.

5. The Prohibition of Child Marriage Act, 2006: This act aims to prevent the child marriage, which adversely affects the health, education, and overall development of children. It declares child marriages as voidable and illegal and prescribes penalties for those who facilitate or solemnize such marriages.

6. The Commissions for Protection of Child Rights (CPCR) Act, 2005: This act led to the establishment of the National Commission for Protection of Child Rights (NCPCR) and State Commissions for Protection of Child Rights (SCPCRs). These bodies monitor the implementation of child rights laws and address grievances related to violations of children's rights.

7. The Immoral Traffic (Prevention) Act, 1956: This act aims to fight trafficking and sexual exploitation of women and children. It provides for the rescue, rehabilitation, and integration of victims of trafficking.

8. The Information Technology (IT) Act, 2000: This Act, along with its amendments, addresses cybercrimes, including those involving children. It provides for the punishment of offenses such as cyberbullying, child pornography, and online grooming.

International Commitments

India is a signatory to several international conventions and treaties aimed at protecting children's rights. These include:

1. United Nations Convention on the Rights of the Child (UNCRC), 1989: India accepted the UNCRC in 1992. To commit to uphold the principles of non-discrimination, best interest of the child, right to life, survival, and development, and respect for the child's views.

2. Optional Protocols to the UNCRC: India has accepted the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography, and the Optional Protocol on the Involvement of Children in Armed Conflict.

3. Sustainable Development Goals (SDGs): India is committed to achieving the SDGs, including Quality Education and Goal Ending Abuse, Exploitation, Trafficking, and Violence Against Children.

Current Situation: Diversion to Illegal Activities

Due to loopholes in the legal framework, the current situation in India discloses a disturbing trend of children being diverted to illegal activities, particularly through the internet.

The factors contributing to this trend are varied:

1. Glamorous Lifestyle: The attraction of a glamorous lifestyle on social media, bollywood pictures, serials on tv and other digital platforms can be highly attractive for children. The desire to copy such lifestyles can lead them to engage in illegal activities, such as gangsters like bollywood pictures, accessing illegal websites, social media, cybercrime, or even substance abuse.

2. Family Situation: Family instability, including broken homes, domestic violence, and neglect, can push children towards illegal activities. In the absence of a supportive family environment, children may seek support or validation from inappropriate sources, including illegal websites.

3. Lack of Guidance: Many children does not have lack proper guidance from parents, teachers, or guardians on the responsible use of the internet. This lack of awareness can lead them to divert with illegal or harmful activities.

4. Peer Pressure: Here peer means colleagues. Peer pressure can also play an impactful role in diverting children towards illegal activities. To maintain a high class and modern lifestyle among friends, peers can lead children to engage in risky behaviors, including accessing illegal activities or participating in cyberbullying.

5. Economic Factors: Poverty and economic instability can force children into illegal activities as a means of survival.

Challenges in Child Protection

Due to loopholes and weakness in legal framework, several challenges persist in ensuring the effective protection of children in India:

1. Implementation Gaps: Weak enforcement of laws and insufficient infrastructure impact the effective implementation of child protection measures.

2. Awareness and Reporting: Lack of awareness among parents, caretakers, and children about their rights and available legal remedies frequently leads to underreporting of offenses.

3. Social and Cultural Barriers: Child marriage, child labor, and gender discrimination are deeply deeply rooted in certain communities, making it difficult to abolish them.

4. Resource Constraints: Insufficient funding and human resources limit the capacity of child protection institutions and mechanisms.

5. Cyber Exploitation: The rise of digital platforms has led to new forms of exploitation, such as online grooming, cyberbullying, social media influence and child pornography.

Challenges in Addressing the Issue

Addressing the diversion of children to illegal activities presents several challenges:

1. Digital Literacy: There is a significant gap in digital literacy among children and their caretakers. Many children are not aware of the potential dangers of the internet, and parents may lack the knowledge to guide them effectively.

2. Enforcement of Laws: While India has strict laws in place, their enforcement remains a challenge. The complete volume of online content and the anonymity provided by the internet make it difficult to monitor and regulate illegal activities effectively.

3. Awareness and Education: There is a lack of awareness among children and parents about the legal and psychological impact of accessing illegal websites or engaging in illegal activities. Educational institutions also need to play a more proactive role in educating children about responsible internet use.

4. Mental Health Support: Children who are diverted to illegal activities often suffer from mental health issues, such as depression, anxiety, or low self-esteem. There is a need for more accessible mental health support services to address these issues.

Measures to Address the Issue

To effectively address the diversion of children to illegal activities, a multidimensional approach is required, involving legal, educational, and social interventions:

1. Strengthening Legal Frameworks: The existing legal frameworks need to be forfeited to address the evolving nature of cybercrimes. This includes updating the IT Act to cover new forms of online exploitation and ensuring that law enforcement agencies are equipped with the necessary and latest updated tools and training to tackle cyber crimes involving children.

2. Promoting Digital Literacy: Digital literacy programs should be combined into school curriculum to educate children about the responsible use of the internet. Parents and caretakers should also be provided with resources and training to guide their children effectively.

3. Awareness Campaigns: Nationwide awareness campaigns should be launched to educate children and parents about the dangers of accessing illegal websites and the legal impact of engaging in illegal activities. These campaigns should also highlight the importance of mental health and well-being.

4. Strengthening Family Support Systems: Efforts should be made to stronger family support systems, including counselling services for families experiencing instability. Community-based programs can also play an important role in providing support to vulnerable families.

5. Enhancing Mental Health Services: Access to mental health services should be expanded to address the underlying issues that may lead children to engage in illegal activities. Schools should have trained counselors to provide support to children in need.

6. Collaboration with Technology Companies: The government should collaborate with technology companies to develop tools and algorithms that can detect and block illegal content. These companies should also be encouraged to promote positive online behavior and provide resources for children and parents.

7. Community Engagement: Community-based organizations and NGOs can play a crucial role in reaching out to vulnerable children and providing them with the necessary support and guidance. These organizations can also work with schools and families to create a safe and supportive environment for children.

Conclusion

The protection of children in India is a collective responsibility that requires the concerted efforts of the government, civil society, families, and individuals.

While the legal framework provides a strong foundation for child protection, the evolving challenges posed by the digital age necessitate continuous adaptation and innovation.

By addressing the root causes of children's diversion to illegal activities and implementing comprehensive measures, we can create a safer and more nurturing environment for our children to thrive.

The future of our nation depends on the well-being of our children, and it is our duty to ensure that they are protected from harmful contents and given the opportunity to reach their full potential.