Child Protection Act in India 1960

By Shivank Goel|Updated : September 15th, 2022

The Child Protection Act In India guarantees children's rights. The Indian Constitution asks the Government to have a policy to secure children against abuse, labor, molestation, and other problems. They should be given opportunities to grow healthily with dignity and freedom, protected from material and moral abandonment.

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The Child Protection Act in India holds a huge significance as, despite strict rules, children in major parts of the country are still getting exploited. Below you will learn about the Child Protection Act In India, its need, the status of child protection in India, and various laws and acts framed under the Child Protection Act In India.

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Child Protection Act in India

The UN Conventions on the Rights of the Child require that member nations take measures to keep children protected from discrimination or punishment based on beliefs and opinions of parents, activities, or status. As a part of this, India has several laws concerning the protection of children, grouped under the Child Protection Act In India. The subject is increasingly accepted as a core part of the country's social development. Below you will learn about the important laws and acts that ensure the protection of children.

Status of Child Protection in India

With the change in the world, the status of child's education, health, and nutrition has changed a lot. However, the status of Child development in india has not significantly increased. India ranked 112 on the Child Development Index in the past decade. Despite strict laws, India constantly witnesses different types of Child Rights violations. This includes violating the right to education, rights against exploitation, right to food, and more. Though the Constitution of India commits to a safe and healthy environment for children, India is lacking in this segment.

Need for Child Protection Act In India

The Indian Constitution and the nation's judicial framework ensure a child's political and legal rights. However, it has to go through a lot in terms of an individual's economic and social rights. It is believed that the single contribution of the legal reforms will not be enough to bring the changes. So, the need for the Child Protection Act In India was felt. As a result, the Child Protection Act In India is being framed to protect children from being exploited.

Child Protection Act In India - Major Laws

India has created a comprehensive legal framework and policy under the Child Protection Act In India to ensure each child in the country gets equal access to protection, and their rights are safeguarded. Some of the major child protection laws in India forming this legislation are,

The Juvenile Justice Act

The Juvenile Justice Act was passed in 2016. This is India's primary law addressing children's rights needing protection and care. It aims to ensure children's care and development through a child-friendly approach and has provisions to protect children against punishment.

Child Labor Prohibition Act

The act prohibits children from engaging in specific employment activities and regulates children's work conditions. It is an act to stop the child's abuse. As per this act, a child below the age of 14 should not be engaged in any type of harmful employment.

Protection of Children From Sexual Offences Act

Protection of Children From Sexual Offences law of 2012 is one of the most progressive acts of the Government aimed at combating sexual abuse and exploitation of minors. This act classifies sexual assault on a child below 12 years as a punishable crime.

Prohibition of Child Marriage Act

This law outlines the minimum age for children to go through marriage and makes it an offense to get them married before the legal age. The last amendment of the Child Marriage Act was passed in 2021, according to which the minimum marriage age for women and men is restricted to 21 years ( prior, it was 18 for women).

The Immoral Traffic Prevention Act

This act aims to limit and eventually abolish prostitution in India by criminalizing different forms of sex work. According to the Immoral Traffic Prevention Act, any individual or group who will be found guilty of managing or keeping or assisting or acts of the brothel, shall be imprisoned for not less than 1 year and not more than 3 years and shall be charged a said amount of fine.

Pre-Conception and Pre-natal Diagnostic Techniques Act

This act intends to ban pre-natal sex determination and related techniques. The goal of the law is to take control of the declining male/female ratio resulting from female foeticide.

Right to Free and Compulsory Education Act

This law describes the significance of free and compulsory education for children aged 6-14 in the country. The right to quality education is now considered to be one of the fundamental rights of Indian citizens.

The Child Protection Laws In India is a notable effort by the Government to raise more awareness about children's rights, safety, and security. While millions of children still face risks, India is improving its awareness of violence, particularly sexual abuse.

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FAQs on Child Protection Act in India

  • The Child Protection Act in India is a set of acts, laws, and rules to ensure the complete protection of children from being exploited. It involves The Juvenile Justice Act, Child Labor Prohibition Act, Protection of Children From Sexual Offences Act, Prohibition of Child Marriage Act, The Immoral Traffic Prevention Act, Pre-Conception and Pre-natal Diagnostic Techniques Act, and Right to Free and Compulsory Education Act.

  • Any individual found guilty of violating the child protection act in India is subjected to imprisonment for a period of one to three years or a fine. If the offense is big, both can be applied as a punishment.

  • This act comes under the Child Protection Act In India, which defines a legal framework in which children below 18 years of age can appear in court before a judge. The act guarantees children's protection, security, well-being, and education and applies to those needing care and protection.

  • Central Adoption Resource Authority (CARA) is a statutory body under the Ministry of Women and Child Development dedicated to adopting children in India. It regulates and monitors in-country and inter-country child adoptions. It plays a crucial role in safeguarding the rights of children as enforced by the Child Protection Act In India.

  • India does not have a westernized model of child protection services; instead, the Government has focused on strengthening existing laws and their implementation to protect children's rights, as guaranteed by the constitution. The Child Protection Act In India is one such step toward achieving this objective.

  • The National Commission for Protection of Child Rights (NCPCR) is a body that functions under the Ministry of Women and Child Development and strives to make sure all the laws, policies, and programs resonate with children's rights as emphasized by the UN Convention and the Indian Constitution. The organization forms the crux of enforcement of the Child Protection Act In India.

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