Child Law in India

Topics: Marriage, Family law, Childhood Pages: 15 (5538 words) Published: April 21, 2013
Project Report
Child and Law in India

Submitted to : Submitted by: Dr .Sarabjeet VANI SAHI 6001 L.L.M 1st semester

Table of contents:`
* Acknowledgment
* Constitution of India
* Public Interest Litigation
* Right to Health
* Right to Education
* The Juvenile Justice (Care and Protection of Children) Act 2000 * The Women’s and Children’s (Licensing) Act 1956
* The Child Labour (Prohibition and Regulation) Act 1986 * Criminal Procedure
* Bailable and Non-bailable Offence
* Indian Penal Code 1860
* Torture
* The Immoral Traffic (Prevention) Act 1956
* Maintenance of Children
* Adoption
* The Child Marriage Restraint Act 1929


I have taken efforts in this project. However, it would not have been possible without the grace of god and blessings of my parents. I would like to extend my sincere thanks to them. I am highly indebted to Dr .Sarabjeet for his supervision as well as for providing necessary information regarding the project & also for their support in completing the project. I would like to express my special gratitude and thanks to my friends for giving me such attention and time.

Constitution of India:
The Constitution contains provisions in respect of children under Part III of the Constitution, i.e. Fundamental Rights, and Part IVof the Constitution, i.e. Directive Principles. Article 14 : Equality before law, i.e. equal treatment and protection under law. All children in similar circumstances are requiredto be treated in a similar manner, and if not so treated, such treatment can be challenged on the ground of discrimination and arbitrariness. Article 15(3) : Permits the State to make special provisions for women and children. Special enactments made for the benefit of children cannot be struck down on the ground of discrimination. Article 19(1) : Guarantees citizens of India the right to freedom of speech and expression, to form associations or unions, to move freely throughout the territory of India, etc. Under Indian law, child labour is prohibited only in factories, mines or other hazardous employment, therefore there is no blanket ban on employment of children. Though children form part of the labour force they are not permitted to unionise and fight for their rights as workers. Article 21 : This article guarantees the right to life to all persons. The Supreme Court has interpreted "right to life" to include right to food, clothing, adequate shelter, and other basic necessities of life. Article 22 : Provides for safeguards upon arrest, and states that a person should be produced before the nearest Magistrate within 24 hours of arrest. A juvenile in conflict with law or a child in need of care and protection should be produced before the Competent Authority established under the Juvenile Justice [Care and Protection of Children] Act 2000 within 24 hours of having been pickedup by the police. Article 23 : Prohibits trafficking in human beings and forced labour. Any contravention of this provision is punishable under law. Article 24 : Prohibits the employment of a child below 14 years in any factory or mine or any other hazardous employment. Article 39(e) & (f): The State is required to ensure protection of children of tender age from abuse, and from entering vocations unsuited to their age and strength. Children are also to be provided with equal opportunities and facilities to develop in a Healthy manner. The State is to further ensure that childhood and youth are protected against exploitation and abandonment. Article 41 :...
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