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    Child Rights in India

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    Itasha Gupta
    This document provides an overview of child rights in India, including the legal framework and challenges. It discusses the definition of a child and the rights established in domestic and international law. These rights include the right to a family environment through adoption; the right to parental care through custody and guardianship; protection from economic exploitation through child labor laws; protection from sexual abuse and commercial exploitation; juvenile justice administration; the right to development through education, play and health; and the right to survival including healthcare, nutrition and shelter. The document analyzes laws and policies, judicial decisions, and initiatives by the government and NGOs to realize children's rights in India, but also identifies ongoing concerns and obstacles.

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    © All Rights Reserved
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    Child Rights in India

    Uploaded by

    Itasha Gupta
    15 views5 pages
    This document provides an overview of child rights in India, including the legal framework and challenges. It discusses the definition of a child and the rights established in domestic and international law. These rights include the right to a family environment through adoption; the right to parental care through custody and guardianship; protection from economic exploitation through child labor laws; protection from sexual abuse and commercial exploitation; juvenile justice administration; the right to development through education, play and health; and the right to survival including healthcare, nutrition and shelter. The document analyzes laws and policies, judicial decisions, and initiatives by the government and NGOs to realize children's rights in India, but also identifies ongoing concerns and obstacles.

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    Child_Rights_in_India

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    This document provides an overview of child rights in India, including the legal framework and challenges. It discusses the definition of a child and the rights established in domestic and international law. These rights include the right to a family environment through adoption; the right to parental care through custody and guardianship; protection from economic exploitation through child labor laws; protection from sexual abuse and commercial exploitation; juvenile justice administration; the right to development through education, play and health; and the right to survival including healthcare, nutrition and shelter. The document analyzes laws and policies, judicial decisions, and initiatives by the government and NGOs to realize children's rights in India, but also identifies ongoing concerns and obstacles.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views5 pages

    Child Rights in India

    Uploaded by

    Itasha Gupta
    This document provides an overview of child rights in India, including the legal framework and challenges. It discusses the definition of a child and the rights established in domestic and international law. These rights include the right to a family environment through adoption; the right to parental care through custody and guardianship; protection from economic exploitation through child labor laws; protection from sexual abuse and commercial exploitation; juvenile justice administration; the right to development through education, play and health; and the right to survival including healthcare, nutrition and shelter. The document analyzes laws and policies, judicial decisions, and initiatives by the government and NGOs to realize children's rights in India, but also identifies ongoing concerns and obstacles.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    You are on page 1of 5

    CHILD RIGHTS IN INDIA

    Law, Policy, and Practice

    ASHA BAJPAI

    OXFORD
    UNIVERSITY PRESS
    Contents

    Acknowledgements xi
    Preface xiii
    Abbreviations xxi
    1 RIGHTS OF THE CHILD AN OVERVIEW 1
    Introduction 1
    The Legal Definition of a Child 2
    Present Legal Framework 6
    Policies and Action Plans 10
    International Law on the Rights of the Child 14
    Children and Courts 24
    Government Programmes and Schemes 27
    Interventions and Strategies by Non-Governmental
    Organizations (NGOs) 28
    Challenges Ahead . . . 29
    2 RIGHT TO FAMILY ENVIRONMENT: ADOPTION AND OTHER
    NON-INSTITUTIONAL SERVICES 33
    Adoption in History, Mythology, and Religion 33
    Indian Adoption Laws 42
    Critique of Laws and Practice Relating to Adoptiom 52
    Adoption Practice 52
    Important Judgments Relating to Adoption 61
    Recommendations for Law Reform 72
    Interventions and Initiatives for Providing
    Non-institutional Services 74
    International Legal Policies and Practices 75
    A Comparative Study of Internationa] Law 82
    Towards a Common Secular Law on Adoption 87
    3 RIGHT TO PARENTAL CARE: CUSTODY AND GUARDIANSHIP 92
    Historical Evolution 92
    The Present Legal Regime 94
    viii Contents
    Major Reported Judicial Decisions 113
    Analysis of Case Laws 123
    Law Reform in the Best Interest of the Child 128
    A Comparative Survey of International Laws 131
    Some Legal Developments and Trends of Comparative Law 141
    Discussion 144
    4 RIGHT AGAINST ECONOMIC EXPLOITATION CHILD LABOUR 148
    What is Child Labour 148
    Laws to Prohibit and Regulate Child Labour in India 158
    The National Policy on Child Labour 168
    Laws Relating to Bonded Child Labour 172
    Critique of the Laws 173
    Enforcement of the Child Labour and Bonded Child
    Labour Legislation 178
    Judicial Response to Child Labour—Important Case Laws 180
    Some Significant Court Rulings Related to Bonded
    Child Labour 183
    Non-governmental Organizations' (NGOs) Interventions 185
    Government Initiatives and Schemes 192
    International Legal Interventions, Strategies, and Movements 193
    Conclusion 203
    5 RIGHT TO PROTKCT1ON AGAINST SEXUAL ABUSH AND EXPLOITATION 207
    Introduction 207
    Part A: Child Sexual Abuse in India 211
    Introduction 211
    The Present Legal Regime 216
    Child Marriages 220
    Judicial Trends 227
    Law Reform 232
    International Legal Initiatives 241
    Role Played by NGOs and the Government in Child Sexual
    Abuse Cases 246
    Part B: Commercial Sexual Exploitation and Trafficking
    ofChildren 247
    Introduction 247
    The Indian Scenario 252
    Indian Laws Dealing with Commercial Sexual Exploitation of
    Children and Trafficking 253
    Judgments on Trafficking 256
    Contents ix
    Law Reform 262
    International Instruments 265
    International Initiatives to Prevent Child Pornography
    on the Internet 270
    Government/NGO Interventions in the Area of Exploitation
    and Trafficking 271
    Whose Child Next? 275
    Handling Child Sexual Abuse in Future 275
    6 JUVENILE JUSTICE: ADMINISTRATION AND IMPLEMENTATION 277
    Introduction 277
    The Juvenile Justice Act 1986 • 282
    Administration and Implementation of die Juvenile Justice
    Act1986 287
    Government Schemes and NGO Interventions in the
    Juvenile Justice System 295
    What Needs to be Done 296
    The Juvenile Justice (Care and Protection of Children)
    Act 2000 (J J Act 2000) 299
    Significant Changes Brought about by the Juvenile Justice
    Act 2000 306
    Critique of the Juvenile Justice (Care and Protection
    ofChildren) Act 2000 307
    Trends of Judicial Response to Juvenile Justice 309
    International Law and the Administration of Juvenile Justice 316
    Mission of Juvenile Courts for the Twenty-first Century 323
    7 RIGHT TO DEVELOPMENT 327
    Elementary Education—The Right of Every Child 327
    Laws Relating to Child Education in India 334
    Educational Policy and Planning in India 342
    Judgments 345
    Government Schemes and Programmes in the Field of
    Elementary Education in India 347
    NGO Interventions in Elementary Education 350
    The Global Context of Basic Education 354
    Some International Initiatives 364
    Right to Play and Recreation 365
    Future Challenges 367
    x Contents

    8 RIGHT TO SURVTVAL: HEALTH, NUTRITION, AND SHELTER 374


    Right to Health 374
    International Human Rights Law 375
    International Campaigns on Health 378
    Law and Policy on Health in India 379
    Children's Health Scenario in India 383
    Rights of Unborn Child and Rights during Early Childhood 385
    Medical Termination of Pregnancy Act 1971 (MTP Act 1971) 394
    Amendments to the Medical Termination of Pregnancy
    Act 1971, and the Prenatal Diagnostic Techniques
    (Regulation and Prevention of Misuse) Act, 1994 396
    The Pre-natal Diagnostic Techniques (Regulation and
    Prevention of Misuse) Amendment Bill 2002 (PNDT 2002) 397
    Rights during Early Childhood 399
    Rights of the Child and Working Mothers 407
    Relevant Provisions of the Maternity Benefit Act 1961 408
    Government Programmes and Schemes for Child Health
    and Development 412
    NGO Initiatives 414
    Special Health Issues Relating to Children 415
    Children and Disability 419
    Children as Victims of Drugs 427
    Children's Right to Shelter/Housing 428
    Towards Right to Survival for All 435
    9 MAKING CHILD RIGHTS A REALITY 437
    The Paradigm Shirt 437
    Initiatives by the Government of India 439
    Major Concerns and Obstacles in Realizing the Rights
    of the Child 449
    Conclusion 476
    Select Bibliography 479

    Index 488

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