Child Law

The practice of corporal punishment is often adopted by teachers, to implement discipline, among students. Corporal punishment is an extreme breach of children’s right to protection, besides being a form of physical/mental violence. As per Indian law, corporal punishment amounts to human rights violations too. According to the official report of the Ministry of Women and Child Development, conducted in 2007, on child abuse, two out of every three students are physically abused. Further, 73% of boys face physical punishment as compared to 65% of girls.  All of this makes children fear teachers and become miserable in class. However, most of the students choose to suffer silently, rather than reporting the matter to parents or to others.

Children in Bangladesh are often subjected to sexual abuse and bonded labor. However, it is difficult to track down the exact number of such human rights violations, due to several reasons. Firstly, Bangladesh has a low rate of birth registrations. Sexual exploitation of children occur at all levels in the country spanning brothels, homes, workplaces, hotels and even schools.

Indian laws do not recognize a de facto guardian as the minor’s legal guardian. When a minor has no legal guardian, usually a close relative takes care of him and his property. Such a person is known as de facto guardian, who is not a lawful guardian. However, a de facto guardian shall be also the de facto manager of the minor’s property. He may apply for legal guardianship, in court under the Guardian and Wards Act.

In India, it is a fact that young girls, irrespective of their socio-economic backgrounds, are at a higher risk of being sexually exploited than boys. Several surveys conducted way back in 1987, reported that 20 percent of women prostitutes are actually minors. 

In a developing country like India, a majority of the population is illiterate and living far below the poverty line. Inevitably, the Right of Children to Free and Compulsory Education Act, 2009, was enforced by the Indian government to regulate the education of children. Children related laws and issues are of considerable interest to the government and the judiciary. Under the Indian laws, every child is guaranteed, the right to admission, education and the right to not be expelled from a school.

Children related laws and issues are multiplying day by day. Every time you watch a news channel or read a newspaper that covers India legal news, there will be a feature on children or issues relating to them. True, every child needs care, nurturing, affection and education. These basic needs of a child must be protected, even when a minor violates a law. The conventional norms in India are such that it will not be possible for a child who is a suspect in any case will be able to bounce back to normal life after going through legal procedure in court. Be it in a family, school or in social life, the child will be looked down upon like a criminal even if laws protect the child.

Many crimes are committed by children in India, so are crimes being done against them. Children related laws and issues continue to pose serious concern in different parts of the country. In the years 2003 - 2004, India witnessed a rise of 7.9 percent in offences committed by minors. These offences include arson, theft and cheating by minors who are in the age group of 16 to 18 years. Indian law addresses the issue through the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Act was enforced in April 2001 and replaced the Juvenile Justice Act, 1986. The Act has laid down a uniform juvenile justice system throughout India.

Indian laws on education don’t impress today’s smart young students. The plan of the government is to introduce a common curriculum for Class 12 Maths and Science. This has met with opposition from the National Council of Educational Research and Training (NCERT). Let’s not forget, the NCERT is the body responsible for preparing school text books and curriculum. The push for a common curriculum for maths and science, made by the Council of School Board of Education (COBSE), is seen as a transgression of role by the council. A letter by Prof G Ravindra, Director NCERT, to the CBSE president states that the COBSE does not have the right to conduct the curriculum revision exercise, since curriculum preparation and revision has been the right and forte of NCERT since years.

Kerala, the land of lush backwaters and high literacy rate, figures in the news, this time, for its ‘bold moves’ in the field of education. The state boasts a literacy rate of 90.92 percent and a dropout rate of 0.83 percent. Socially relevant, the next three stories reflect well on Kerala. One by one, lets understand how the right to education is translated into initiatives by the government of Kerala.

The Hindu Minority and Guardianship Act, 1956, regulate the laws pertaining to minority and guardianship among Hindus. It extends to whole of India except for the state of Jammu and Kashmir. Few important definitions under the Act are: