Protection Rights

The Preamble of the United Nation’s Convention on the Rights of Child recognizes the right to protection of a child and states “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”

The convention mentions in:-

Article 2

“2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.”

India ratified the UNCRC in 1992 and felt need to rewrite Juvenile Justice Act, 1986 to fulfill the standards of the convention. Hence in 2000 the old law was replaced by Juvenile Justice (Child Care and Protection) Act which was further revised in 2015. The Act outlines two groups: Child in care of need and protection and Child in conflict with law.

Article 3

“3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.”

The third chapter of Juvenile Justice (Child Care and Protection) Act addresses Children in Need of Care and Protection. The cases of Children in Need of Care and Protection(CNCP) are heard by the Child Welfare Committee (CWC). The committee is meant to provide for the care, treatment, protection, rehabilitation of the child and in doing so uphold the rights of child.

 Article 16

“1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.”

Article 32

“1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.”

Working of a child is one of the debated topics in India so The Child Labour (Prohibition and Regulation) Act was drafted in 1986 which was further revised in 1993 and 2006. Part II of the Act prohibits children from working in certain occupations or in places where certain processes are undertaken. Part III of the Act which was implemented after 1993 outlines the conditions in which a child may work and various regulations regarding it. Part IV deals with penalties.

                                                                                

Article 34

“States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.”

In India to strengthen legal provision for the protection of children from sexual abuse and exploitation The Protection of Children from Sexual Offences Act was passed in 2012. Although there have been sections mentioned in Indian Penal Code (IPC) for sexual assault but it does not distinguish between child and adult victim.

The act defines a child as any person below the age of eighteen and provides protection from the offences of sexual assault, sexual harassment and pornography.

Article 38

“4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.”

In case of a child in conflict with law, the convention states in-

Article 40

“1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.”

To hears cases regarding Juveniles in Conflict with Law(JCLs) the second chapter of JJ Act calls for the establishment of  Juvenile Justice Board (JJBs)

The Juvenile Justice (Child Care and Protection) Act clearly disqualifies exposure of a Juveniles to Media. No newspapers, magazines or visual media are permitted to release information about a Juvenile.

To ensure protection to a Juvenile’s sense of dignity a special police unit – Special Juvenile Police Unit (SJPU) has been established.

Article 33

“States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties and to prevent the use of children in the illicit production and trafficking of such substances. “

Disclaimer: The above information are as per UNCRC.