Khadija Hetavkar Content Writer (Legal), Rightantra Alifiya Manasawala Contributing Author, Rightantra Isha Palas Contributing Author, Rightantra It's important to understand that when child victims of economic crimes and cruelty are taken as subjects for the matter of protection and rehabilitation, they are extremely vulnerable and need to be treated with utmost care. Thus, the State plays a vital role in this process and has the obligation to protect, rehabilitate and restore all economic, social and fundamental rights of such victims, in order to safeguard their future and lives. In such cases, the primary provisions for child protection are found in the Juvenile Justice (Care and Protection of Children) Act, 2015. It's important to understand that when child victims of economic crimes and cruelty are taken as subjects for the matter of protection and rehabilitation, they are extremely vulnerable and need to be treated with utmost care. Thus, the State plays a vital role in this process and has the obligation to protect, rehabilitate and restore all economic, social and fundamental rights of such victims, in order to safeguard their future and lives.
A “child” is defined under the act as “a person who has not completed eighteen years of age". It also lays out the procedure in relation to a child in need of care and protection and also describes certain offenses against children, including cruelty, forceful begging and child employment. Child rights against socio-economic exploitation in India guaranteed by the Constitution:
Other legal safeguards: i) In India, human trafficking is primarily dealt with under the Indian Penal Code, 1860. There are multiple provisions that have been provided against child trafficking under the IPC. In the Act, Section 372 convicts person/s involved in procuring of a minor for the purpose of prostitution and Section 370 (4) convicts a person involved in trafficking a minor. The punishment for both offences is imprisonment for not less than ten years and extends up to life imprisonment, also liable to a fine. ii) The Immoral Traffic (Prevention) Act, 1956 deals with human trafficking for the purposes of sexual exploitation. The Act lays provisions for convicting people who manage, or assist in the management of a brothel. The Act also punishes persons found in procuring a minor or a child, for the sake of prostitution. They are sentenced to rigorous imprisonment for a term of not less than seven years and not more than fourteen years. iii) The Child Labour (Prohibition and Regulation) Act, 1986 aims to prohibit and ban the engagement of children (under 14 years of age) in employment and to regulate the conditions of work of children in certain employment, provided that it is a workshop where the process is carried on by the occupier with the aid of his/her family or to any school established by the Government of India. The law also lays down enhanced penalties for employment of children in violation of the provisions. iv) The section 24(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides that a person who employs or uses any juvenile or the child for the purpose of begging or causes any juvenile to beg, can be imprisoned up to three years and shall also be liable to fine. v) Under Section 19 of the The Protection of Children from Sexual Offences Act (POCSO), 2012 it is mandatory for any person, including the child him/herself, to report that a sexual offense is likely to be committed or has been committed by a person on a child victim. It also recognises that boys can be victims of sexual violence and provides regulations convicting perpetrators for committing sexual assault on males under the age of 18. The IPC has no such provisions for male child victims. Many cases filed under POCSO and the Immoral Traffic (Prevention) Act have successfully translated into increased convictions and more rescued children, who are currently being reintegrated into society through means of education. Government Schemes and NGOs: Several social programs have been established at state and central levels to rehabilitate children who are rescued from child labour, begging and trafficking. Most of these initiatives are focused on providing the children with proper formal education so they can earn and lead a more respectable life in the future. Government schemes like the National Child Labour Project (NCLP) aim to rehabilitate children through education. Under this scheme, the government has established around 6000 special schools which provide formal and informal education along with vocational training. The children are also given a monthly stipend to make up for the loss of what barely counts as livelihood. Meals and health benefits are also provided in these schools. There are other similar programmes like the National Authority for the Elimination of Child Labour (NAECL) which also aim at ensuring that every child gets an education and also prevent them from working in situations in which they are exploited and deprived of a normal future. There are many NGOs which work alongside the government and also in an independent capacity, to protect, rescue and reintegrate the targeted children and help them live a normal life. Organizations like Childline India and Save the Child rehabilitate and map children who are out of school, try to give them an education, provide admissions assistance, arrange for children from families with limited means to attend school, and also form groups where children are encouraged to stand up for their rights. In case you come across a child you suspect has been recruited to beg or might have been trafficked or is forced to work, you can dial the national helpline Childline at 1098. You can also reach out to the State Commission for Protection of Child Rights and file a complaint here. Or, reach out to us at Rightantra if you spot a child in distress and do not know what to do.
0 Comments
Leave a Reply. |
Categories
All
Archives
December 2021
|