Recently in the previous issue, there was a discussion about legal rights in relation to women, on which some readers’ responses were received and questions were raised regarding legal rights in relation to children and atrocities on children, which were answered in this issue. Tried to give. Children are pure by nature and in India, children are also considered as the form of God, but today the misfortune is that even small children are becoming victims of crime or small children are being pushed into crime. Incidents of atrocities on children are being seen and heard every day, let us see what is the provision in the law regarding children in relation to atrocities on children or crimes committed by children. What does the law say :-
At present, many types of atrocities on children are being seen, some atrocities are in the category of domestic atrocities, some atrocities are serious types of atrocities. Often small children are tortured by step mother, father tortures children under the influence of alcohol, someone tortures them by making them child labor, little girls are stolen for prostitution, someone blinds a lame child and tortures them. And begging, someone commits sexual crimes with children, many such crimes are being seen and heard. Protection of Children from Sexual Offenses Act 2012 The POCSO Act is a special law that criminalizes various types of sexual acts done with children. The law provides for the setting up of special courts and the judicial process to be followed. In addition, the Juvenile Justice (Care and Protection) Act is an important provision for children who are in need of care and protection or who have been in conflict with the law. There is law. The Act has provisions relating to the care, protection, development, treatment, reintegration and rehabilitation of children. A child friendly approach has been adopted in these provisions.
According to the Indian Penal Code, any criminal act committed by a child below the age of 7 years will not be considered an offence. Apart from this, the work done by children below 18 years of age will also not be considered as such that he has done such work with criminal intent. For this, juvenile courts have been set up where arrangements are made to provide them justice in a normal environment. If a child appears to be a delinquent for any reason, it is advised to keep him in a reformatory. Whenever a child may have committed a crime or he himself has been a victim of a crime, in both cases the police will treat him with a dignified manner and treat him in a manner that does not adversely affect his child’s mind. Police will respect the child’s wishes by listening carefully, if the child does not want to interact with the police or is being intimidated by the police, then in such a situation, a social organization or the lady police or a reasonable way will deal with the child . If there is a case of human trafficking or any other type of case and the child repeatedly narrates the events in different ways or is not able to remember properly, then it will not be considered as misrepresentation made by him. If a child is involved in a crime or is being made to commit a crime by an adult, then in such a situation that child will not be considered a criminal, but the person under whose protection such child is committing a crime will be considered a criminal’s the police finds any child criminal or an orphan child criminal, then it will be the responsibility of the police to take all necessary measures to provide proper shelter and education and health to such children. The mental condition of such a child will make arrangements to send him to a suitable residence on the basis of his physical health and on the basis of his interest. While dealing with the children, the police will never do any kind of abusive or character defamation related things or unethical things. Even if a girl child working in a brothel is freed from that brothel, she will not be mentioned anywhere with the word prostitute, she will be addressed with full respect and respect. Similarly, no child will be discriminated against on the basis of his caste, gender, race, shape, etc., nor will any adverse comment be made. As far as possible, when a child commits a crime or becomes a victim of a crime, his name will not be given unnecessary publicity. Cooperation of women and child development officers and social organizations will be taken for taking decisions regarding children. Rule 93 of the Juvenile Justice Model Rules, 2016 provides that if any officer, organization or legal entity, etc., does not comply with the law or rules in respect of children, the State Government shall punish such officer, organization or legal entity, etc. The organization can take action against etc. after investigation. Along with this, alternative arrangements will be made to discharge the obligations of that officer, organization or legal entity, so that the law can be implemented effectively. The collector of the district is the ex-officio guardian for the orphan children. It is the responsibility of the collector of the concerned district to make proper arrangements for any orphan child.
Provisions have been made by the government to establish Child Protection Committee at village level, block level and municipal level. Arrangements have been made for child protection at the ward level as well, whose responsibilities have been given to Anganwadi workers.
In this, the concerned officers and workers have been given the responsibility that on seeing the child suffering from any kind of exploitation, your reaction should be as follows-
Try to talk to the child and ensure that the child is kept in a healthy environment. Talk to the child’s family and explain to them that all children have human rights, and that their primary duty as parents is to protect the rights of the child. Have to protect. Will assist the child and family as needed. Will find out if there is a threat to the safety of the child. Will take action against the person who commits cruelty towards the child and will protect the child. Taking the help of Child Welfare Committee, Childline and other statutory units, will ensure the safety of the child. For child protection, the member of the Child Protection Committee has an important responsibility to protect the rights of all children.
Indian Constitution-
The Indian Constitution provides certain rights to all children. These are specially made keeping them in mind. These rights include the following:-
1. All children in the age group of 6-14 years have the right to free and compulsory elementary education. (Article 21A)
2. All children up to the age of 14 years have the right to be protected from any hazardous employment/work.
(Article 24)
3. They should be freed from ill-treatment and from being forced by poverty to do work beyond their strength.
have rights. (Article 39E)
4. To bring up children properly and to get equal opportunities and facilities with freedom and dignity
have rights. In the constitution, childhood and youth should be protected from exploitation and moral and material helplessness.
Security has also been assured. (Article 39F)
Apart from these, children also get all those rights which being a citizen of India, any
Adults are given to men and women –
Right to Equality (Article 14)
Right to be protected from discrimination (Article 15)
Personal liberty and right to legal process (Article 21)
Right not to be forced into bonded labor and to be protected from human trafficking (Article 23)
The weaker sections of the society have the right to be protected from social injustice and exploitation of any kind.
(Article 46)
It is the responsibility of the government to-
Make special provisions for children and women. (Article 15(3))
Protect the interests of minorities. (Article 29)
To promote the educational interests of the weaker sections of the society. (Article 46)
Improve the nutrition and standard of living of the people and take care of their health. (Article 47)
If you want to provide security to the children in your village / city, then you can contact with all the following people –
• Women and Child Development Officer
Child Welfare Committee.
– State and district level child protection committee.
– State Child Rights Protection Commission.
Officers of local government departments.
Child line.
Special Juvenile Police Unit.
– Panchayat/Local Body.
Teacher / Anganwadi worker / ANM.
– local police
– Social organization working in the interests of children
In fact, this topic is very big, yet I have tried to write a lot in brief, hope it will prove useful for the reader.