Children Related

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.

Teachers and child activists have raised an alarm over an increase in the number of child abuse cases in Australia. They expressed concern about incidents relating to children forcing other children into sexual acts. Children as young as three are becoming victims of this form of child abuse.

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.

As per Indian law, a minor cannot be convicted in the same manner as an adult. Also, a child can never be imprisoned or given a death sentence.

There are several inconsistencies in Indian law, regarding the definition of a child and the actual scope of child rights. As per criminal law in India, a child is a minor who is below the age of 18 years. The Age of Majority Act 1875 stipulates that an Indian citizen shall attain adulthood, only on attaining the age of 18 years, unless otherwise suggested by any personal law. This Act intends to bring uniformity in the applicability of various Indian laws to people of different religions.

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 of great importance in any developing country. The legal rights of children in India, given their emotional, mental, psychological and physical status, mandates that they should be treated as a special category.  Indian law requires child abuse victims to be offered special medical treatment and care in such difficult situations. According to the basic tenets of juvenile justice, it is the state’s responsibility to care for the needs of children and juveniles. The state has to provide adequate infrastructure to support their developmental requirements as well.

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.