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“There can be no keener revelation of
a society’ soul than the way in which
it treats its children”
-Nelson Mandela-
Special laws and ordinances
relating to child
Introduction
Introduction
1. The Guardian And Wards Act 1980
2. Factories Act 1948
3. Mines Act 1952
4. Medical Termination Of Pregnancy Act 1971
5. Immoral Traffic (Prevention) Act 1956 (ITPA)
6. The Children ( Pledging Of Labour ) Act 1933
7. Bonded Labour System ( Abolition) Act 1976
8. Child Labour ( Prohibition And Regulation) Act 1986
9. The Young Persons ( Harmful Publications) Act 1956
10. Preconception And Pre-natal Diagnostic Techniques
Act (PCPNDT) 1994
Introduction
10. Juvenile Justice Act( Care And Protection Of Children)
Act 2015
11. National Food Security Act 2013
12. The Indian Milk Substitute (IMS) Act 2003
13. The Prohibition Of Child Marriage Act 2006
14. The Commission For Protection Of Child Rights Act
2005
 National Commission For Protection Of Child Rights (NCPCR)
15. The Right Of Children To Free And Compulsory
Education (RTE) Act 2009
16. The Protection Of Children From Sexual Offences Act
(POCSO) 2012
The Guardian And Wards Act 1890
 Came into force in 1st July 1890
 Extended all India except Jammu and Kashmir
 Serve to define guardian ship relationship
between adults and peoples between peoples of all
ages and their respective property
 Amendment of another act The Hindu Minority
and Guardianship act -1956
 Define child: a minor is a person under age of 18
Factories Act 1948
 Serve to assist in formulation of national policies in
India relating to occupational safety and heath
in factories and docts in India
 The act prohibits the employment of children below
the age of 14 years in any factory
Mines act 1952
 The directorate general of mines safety (DGMS)
 Mines act 1952
 Section 68 deals with the down penalty for
employing a person below the age of 18
 Maximum Fine :500
Medical Termination Of Pregnancy Act 1971
 Provide legal frame work for making CAC services
available in India
 Termination of pregnancy is permitted for a broad range
of condition up to 20 wks of GA
 Explains when,
 Risk to life of pregnant women
 Substantial risk : handicapped, physically mentally challenged
 Rape
 Failure of contraceptives
 Act specifies who can, when can, and where can be
terminated
 Revised and amended in 2003 and 2014
Immoral Traffic (Prevention) Act 1956 (ITPA)
 To limit the eventually and abolition of prostitution in
India
 Criminalizing various aspects of sex work
 Amended as prevention of immoral trafficking act (PITA)
in 1986
 Later called : All India Suppression of Immoral Traffic
Act (SITA)
 Define child : a person who has not completed age of 16
years
 Emphasize on child trafficking (sexual abuse of girl )
The Children ( Pledging of Labour ) Act 1933
 To prohibit making of agreement to pledge the labor
of children and the employment of children where
labor has been pleaded
 Guardian/parent making pledge the labor of a child
is punished with fine of 50 and 200
Bonded Labour System ( Abolition) Act 1976
 Enacted in 1976
 To prohibit practice of traffic in human being and of
forced labor
 Prohibits the engagement of children in certain
employment and to regulate the conditions of work of
children in certain employment
 Defines child “ a person who has not completed his 14
years of age “
 Punishment :
 Imprisonment not less than 3 months and Fine 1000-
2000 or with both
Child Labour ( Prohibition And Regulation) Act
1986
 Extended to whole India
 Define child : a person who has not completed his 15
years of age
Child Labour ( Prohibition And Regulation) Act
1986
 Acts provides rules and regulation to relating to child
labor
 Working hours
 fixed working hours
 Never exceed more than 3 hrs with interval
 No work between 7-8 pm
 Double working
 Holiday of whole day in a week
 Penalties: Imprisonment not less than 3 months and
Fine 1000-2000 or with both
Child Labour ( Prohibition And Regulation) Act
 Child Labor ( Prohibition And Regulation
Amendment Bill 2016 was passed by Rajya Sabah
with title of “ An act to prohibit the engagement of
adolescents in hazardous occupations and processes
and the mothers connected with or incidental
thereto”
The Young Persons ( Harmful Publications) Act
1956
 Enacted to prevent dissemination of certain
publications harmful to young persons
 Extended to whole India except (J&K)
 Defines young person “ a person under the age of
twenty years”
 Punishment:
 Imprisonment for 6 months
 Fine
 Both
 Ordered the direction of all the copies 0f harmful
publications
Preconception And Pre-natal Diagnostic
Techniques Act (PCPNDT) 1994
 To stop female foeticides and arrest declining
sex ration in India
 To prevent misuse of sex selection technique after
conception and to prevent the misuse of prenatal
diagnostic techniques for sex selective abortions
 Amended in 2003 to improve the regulation of the
technology used in sex selection
Juvenile Justice Act( Care And Protection Of
Children) Act 2015
 Came into force from 15th January 2016
 Replaced
 Indian Juvenile Delinquency Law
 Juvenile Justice ( Care And Protection Of Children) Act 2000
 Introduced foster care in india and “judicial waiver
system”
 Punishment:
 Giving alcohol :imprisonment 7 years and fine 10000
 Corporal punishment: 50000 fine and 3 yr imprisonment
 Selling a child : 10000 fine and imprisonment 5 years
National Food Security Act 2013
 To provide subsidized food grains to approximately
2/3 rd India's 1.2 billion people
 Enacted 12th sep 2013
 Legal support to programmes
 Mid day meal scheme
 ICDS
 The public distribution system
 Food security means “ availability of sufficient food
grains to meet the domestic demand as well as
access, at the individual level, to adequate quantities
of food at affordable prizes”
The Indian Milk Substitute (IMS) Act 2003
 The Infant Milk Substitute, Feeding Bottles And
Infant Food ( Regulation Of Production Supply And
Distribution) Act 1992.
 To protection and promotion of breast feeding
 Ensures proper use of infant foods
 Extended whole india
 Deals with production, distribution and
advertisement of milk products
The Prohibition Of Child Marriage Act 2006
 Came into force 1st November 2007
 Total 21 sections
The Prohibition Of Child Marriage Act 2006
 Definitions (section 2)
 Child: a child is a person who has not completed 21 yeas in
case of male and 18 years in case of female
 Contracting party: either of parties where marriage is about
to be solemnized
 Minor: a person who is not deemed to be a major under
majority act
The Prohibition Of Child Marriage Act 2006
 Voidable marriage:
Every child marriage is voidable at the option of the
contracting party who was child at the time of
solemnization of marriage. A Decree of nullity can be
obtained by such person by filing petition before the
District court for annulment of marriage within 2 years
after attaining majority. While granting a decree, the
district court shall make an order directing both parties and
their parents or guardians to return to the other party,
money, gold, ornaments, gifts and other valuables
The Prohibition Of Child Marriage Act 2006
Punishment :
 Punishment for male adult: Rigorous imprisonment for
2 years or with fine which may extend to one lakh rupees
 Punishment for solemnizing marriage: He shall be
punishable with rigorous imprisonment for 2 years or with
fine which may extend to one lakh rupees or both
The Prohibition Of Child Marriage Act 2006
 Punishment for promoting / permitting
solemnization of marriage: Any person having
charge of the child whether parent or guardian or any
other person including member of organization or
association of persons who does any act to promote the
passing or permit child marriage or negligently fails to
prevent it from being solemnized, including attending
or participating such marriage, shall be punishable
with rigorous imprisonment for 2 years or with fine
which may extend to one lakh rupees or both.
 Offences under this act is cognizable and non bailable
The Commission For Protection Of Child Rights
Act 2005
 Act to provide for the constitution of a National
Commission and State Commissions for Protection
of Child Rights and Children's Courts
 Providing speedy trial of offences against children or
of violation of child rights and for matters connected
therewith or incidental thereto.
 Extended all india except the state of Jammu
Kashmir
National Commission for Protection of Child
Rights (NCPCR)
 Statutory body, works under the aegis of Ministry of
Women and Child development, GOI. The
Commission began operation a year later in March
2007
NCPCR
 Activities
 Commission had asked to form special cells in schools to
solve problems of children.
 The cell will examine the mental and physical torture
against children. Complaints regarding sexual
harassment mental harassment, favoritism etc. should be
informed to the Taluk/District Legal Services Authority
within 48 hours
NCPCR
 Main recommendation
 Seminars should be conducted for teachers to improve their
teaching styles.
 The dignity of a student should be accepted by everyone.
 Drug addiction, copying, violence etc. should be curtailed.
 State Commissions of Protection of Child Rights should be
established
The Right Of Children To Free And Compulsory
Education (RTE) Act 2009
 Ensures Compulsory education to the children
between the age 6-14 years
 Which represents the consequential legislation
envisaged under Article 21-A, means that every
child has a right to full time elementary
education of satisfactory and equitable quality in a
formal school which satisfies certain essential norms
and standards.
 Came into effect on 1 April 2010
The Right Of Children To Free And Compulsory
Education (RTE) Act 2009
 ‘Free’ means that no child shall be liable to pay
any kind of fee or charges or expenses which
may prevent him or her from pursuing and
completing elementary education.
The Protection Of Children From Sexual Offences
Act (POCSO) 2012
 To deal with child sexual abuse cases, the
Government has brought in a special law, namely,
The Protection of Children from Sexual Offences
(POCSO) Act, 2012
 Come into force with effect from 14th November
The Protection Of Children From Sexual Offences
Act (POCSO) 2012
 Defines child as : a person below eighteen years of
age
 Forms of sexual abuse, including penetrative, non
penetrative, pornography.
 Punishment graded as per the gravity of the offence
with maximum term of rigorous
imprisonment for life and fine
The Protection Of Children From Sexual Offences
Act (POCSO) 2012
 law to provide for the protection of children from the
offences of sexual assault, sexual harassment
and pornography, while safeguarding the
interests of the child at every stage of the judicial
process by incorporating child-friendly
mechanisms for reporting, recording of
evidence, investigation and speedy trial of
offences through designated Special Court
Nurses role
 Holistic care
 Consider child as unique
 Respect values, identity and their opinion for care
 Provide privacy
 Recreational atmosphere
 Act as an advocate
 Involve family members for care
 Consent
 Study materials
 Special consideration for challenged children
 Encourage gifted children
 Priority during disaster
Review of literature
 PREVALENCE OF CHILD ABUSE IN SCHOOL
ENVIRONMENT IN KERALA, INDIA : AN
ICAST_CI BASED SURVEY
 A study was conducted to estimate the prevalence of sexual,
physical and emotional abuse in a developing country
 Tool: International Society For Prevention Of Childe Abuse
And Neglect (ISPCAN) Child Abuse Screening Tool- children's
Version (ICAST-CI).
 Methodology: cross sectional self report study
 Sample:6682 school attending adolescents in thrissur, Kerala
 Result :physical ,emotional and sexual abuse was high and
more in males than females and students also reported they
are feeling safe school than home.
Conclusion
Bibliography
1. Government Of India .Department Of Social Welfare. Ministry Of
Women And Child Development National Health Policy For
Children .New Delhi;1974
2. Ministry Of Women And Child Development National Health
Policy For Children .New Delhi;2013.
3. https://www.scconline.com/blog/post/2016/08/01/the-child-
labour-prohibition-and-regulation-amendment-act-2016/
4. https://indiacode.nic.in/bitstream/123456789/9162/1/icp3.pdf
5. http://legislative.gov.in/sites/default/files/A1956-93_0.pdf
6. https://en.wikipedia.org/wiki/Pre-Conception_and_Pre-
Natal_Diagnostic_Techniques_Act,_1994
7. https://en.wikipedia.org/wiki/National_Food_Security_Act,_20
13
8. https://en.wikipedia.org/wiki/Juvenile_Justice_(Care_and_Prot
ection_of_Children)_Act,_2015
9. http://www.bpni.org/docments/IMS-act.pdf
10. https://en.wikipedia.org/wiki/The_Prohibition_of_Ch
ild_Marriage_Act,_2006
11. https://en.wikipedia.org/wiki/National_Commission_
for_Protection_of_Child_Rights
12. https://indiacode.nic.in/bitstream/123456789/6783/1
/commission_for_protection_of_child_rights_act.pdf
13. https://indiankanoon.org/doc/44657711/
14. https://mhrd.gov.in/rte
15. https://wcd.nic.in/sites/default/files/POCSO-
ModelGuidelines.pdf
Thank You

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Special laws and ordinances relating to child

  • 1. “There can be no keener revelation of a society’ soul than the way in which it treats its children” -Nelson Mandela- Special laws and ordinances relating to child
  • 3. Introduction 1. The Guardian And Wards Act 1980 2. Factories Act 1948 3. Mines Act 1952 4. Medical Termination Of Pregnancy Act 1971 5. Immoral Traffic (Prevention) Act 1956 (ITPA) 6. The Children ( Pledging Of Labour ) Act 1933 7. Bonded Labour System ( Abolition) Act 1976 8. Child Labour ( Prohibition And Regulation) Act 1986 9. The Young Persons ( Harmful Publications) Act 1956 10. Preconception And Pre-natal Diagnostic Techniques Act (PCPNDT) 1994
  • 4. Introduction 10. Juvenile Justice Act( Care And Protection Of Children) Act 2015 11. National Food Security Act 2013 12. The Indian Milk Substitute (IMS) Act 2003 13. The Prohibition Of Child Marriage Act 2006 14. The Commission For Protection Of Child Rights Act 2005  National Commission For Protection Of Child Rights (NCPCR) 15. The Right Of Children To Free And Compulsory Education (RTE) Act 2009 16. The Protection Of Children From Sexual Offences Act (POCSO) 2012
  • 5. The Guardian And Wards Act 1890  Came into force in 1st July 1890  Extended all India except Jammu and Kashmir  Serve to define guardian ship relationship between adults and peoples between peoples of all ages and their respective property  Amendment of another act The Hindu Minority and Guardianship act -1956  Define child: a minor is a person under age of 18
  • 6. Factories Act 1948  Serve to assist in formulation of national policies in India relating to occupational safety and heath in factories and docts in India  The act prohibits the employment of children below the age of 14 years in any factory
  • 7. Mines act 1952  The directorate general of mines safety (DGMS)  Mines act 1952  Section 68 deals with the down penalty for employing a person below the age of 18  Maximum Fine :500
  • 8. Medical Termination Of Pregnancy Act 1971  Provide legal frame work for making CAC services available in India  Termination of pregnancy is permitted for a broad range of condition up to 20 wks of GA  Explains when,  Risk to life of pregnant women  Substantial risk : handicapped, physically mentally challenged  Rape  Failure of contraceptives  Act specifies who can, when can, and where can be terminated  Revised and amended in 2003 and 2014
  • 9. Immoral Traffic (Prevention) Act 1956 (ITPA)  To limit the eventually and abolition of prostitution in India  Criminalizing various aspects of sex work  Amended as prevention of immoral trafficking act (PITA) in 1986  Later called : All India Suppression of Immoral Traffic Act (SITA)  Define child : a person who has not completed age of 16 years  Emphasize on child trafficking (sexual abuse of girl )
  • 10. The Children ( Pledging of Labour ) Act 1933  To prohibit making of agreement to pledge the labor of children and the employment of children where labor has been pleaded  Guardian/parent making pledge the labor of a child is punished with fine of 50 and 200
  • 11. Bonded Labour System ( Abolition) Act 1976  Enacted in 1976  To prohibit practice of traffic in human being and of forced labor  Prohibits the engagement of children in certain employment and to regulate the conditions of work of children in certain employment  Defines child “ a person who has not completed his 14 years of age “  Punishment :  Imprisonment not less than 3 months and Fine 1000- 2000 or with both
  • 12. Child Labour ( Prohibition And Regulation) Act 1986  Extended to whole India  Define child : a person who has not completed his 15 years of age
  • 13. Child Labour ( Prohibition And Regulation) Act 1986  Acts provides rules and regulation to relating to child labor  Working hours  fixed working hours  Never exceed more than 3 hrs with interval  No work between 7-8 pm  Double working  Holiday of whole day in a week  Penalties: Imprisonment not less than 3 months and Fine 1000-2000 or with both
  • 14. Child Labour ( Prohibition And Regulation) Act  Child Labor ( Prohibition And Regulation Amendment Bill 2016 was passed by Rajya Sabah with title of “ An act to prohibit the engagement of adolescents in hazardous occupations and processes and the mothers connected with or incidental thereto”
  • 15. The Young Persons ( Harmful Publications) Act 1956  Enacted to prevent dissemination of certain publications harmful to young persons  Extended to whole India except (J&K)  Defines young person “ a person under the age of twenty years”  Punishment:  Imprisonment for 6 months  Fine  Both  Ordered the direction of all the copies 0f harmful publications
  • 16. Preconception And Pre-natal Diagnostic Techniques Act (PCPNDT) 1994  To stop female foeticides and arrest declining sex ration in India  To prevent misuse of sex selection technique after conception and to prevent the misuse of prenatal diagnostic techniques for sex selective abortions  Amended in 2003 to improve the regulation of the technology used in sex selection
  • 17. Juvenile Justice Act( Care And Protection Of Children) Act 2015  Came into force from 15th January 2016  Replaced  Indian Juvenile Delinquency Law  Juvenile Justice ( Care And Protection Of Children) Act 2000  Introduced foster care in india and “judicial waiver system”  Punishment:  Giving alcohol :imprisonment 7 years and fine 10000  Corporal punishment: 50000 fine and 3 yr imprisonment  Selling a child : 10000 fine and imprisonment 5 years
  • 18. National Food Security Act 2013  To provide subsidized food grains to approximately 2/3 rd India's 1.2 billion people  Enacted 12th sep 2013  Legal support to programmes  Mid day meal scheme  ICDS  The public distribution system  Food security means “ availability of sufficient food grains to meet the domestic demand as well as access, at the individual level, to adequate quantities of food at affordable prizes”
  • 19. The Indian Milk Substitute (IMS) Act 2003  The Infant Milk Substitute, Feeding Bottles And Infant Food ( Regulation Of Production Supply And Distribution) Act 1992.  To protection and promotion of breast feeding  Ensures proper use of infant foods  Extended whole india  Deals with production, distribution and advertisement of milk products
  • 20. The Prohibition Of Child Marriage Act 2006  Came into force 1st November 2007  Total 21 sections
  • 21. The Prohibition Of Child Marriage Act 2006  Definitions (section 2)  Child: a child is a person who has not completed 21 yeas in case of male and 18 years in case of female  Contracting party: either of parties where marriage is about to be solemnized  Minor: a person who is not deemed to be a major under majority act
  • 22. The Prohibition Of Child Marriage Act 2006  Voidable marriage: Every child marriage is voidable at the option of the contracting party who was child at the time of solemnization of marriage. A Decree of nullity can be obtained by such person by filing petition before the District court for annulment of marriage within 2 years after attaining majority. While granting a decree, the district court shall make an order directing both parties and their parents or guardians to return to the other party, money, gold, ornaments, gifts and other valuables
  • 23. The Prohibition Of Child Marriage Act 2006 Punishment :  Punishment for male adult: Rigorous imprisonment for 2 years or with fine which may extend to one lakh rupees  Punishment for solemnizing marriage: He shall be punishable with rigorous imprisonment for 2 years or with fine which may extend to one lakh rupees or both
  • 24. The Prohibition Of Child Marriage Act 2006  Punishment for promoting / permitting solemnization of marriage: Any person having charge of the child whether parent or guardian or any other person including member of organization or association of persons who does any act to promote the passing or permit child marriage or negligently fails to prevent it from being solemnized, including attending or participating such marriage, shall be punishable with rigorous imprisonment for 2 years or with fine which may extend to one lakh rupees or both.  Offences under this act is cognizable and non bailable
  • 25. The Commission For Protection Of Child Rights Act 2005  Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children's Courts  Providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto.  Extended all india except the state of Jammu Kashmir
  • 26. National Commission for Protection of Child Rights (NCPCR)  Statutory body, works under the aegis of Ministry of Women and Child development, GOI. The Commission began operation a year later in March 2007
  • 27. NCPCR  Activities  Commission had asked to form special cells in schools to solve problems of children.  The cell will examine the mental and physical torture against children. Complaints regarding sexual harassment mental harassment, favoritism etc. should be informed to the Taluk/District Legal Services Authority within 48 hours
  • 28. NCPCR  Main recommendation  Seminars should be conducted for teachers to improve their teaching styles.  The dignity of a student should be accepted by everyone.  Drug addiction, copying, violence etc. should be curtailed.  State Commissions of Protection of Child Rights should be established
  • 29. The Right Of Children To Free And Compulsory Education (RTE) Act 2009  Ensures Compulsory education to the children between the age 6-14 years  Which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.  Came into effect on 1 April 2010
  • 30. The Right Of Children To Free And Compulsory Education (RTE) Act 2009  ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
  • 31. The Protection Of Children From Sexual Offences Act (POCSO) 2012  To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012  Come into force with effect from 14th November
  • 32. The Protection Of Children From Sexual Offences Act (POCSO) 2012  Defines child as : a person below eighteen years of age  Forms of sexual abuse, including penetrative, non penetrative, pornography.  Punishment graded as per the gravity of the offence with maximum term of rigorous imprisonment for life and fine
  • 33. The Protection Of Children From Sexual Offences Act (POCSO) 2012  law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Court
  • 34. Nurses role  Holistic care  Consider child as unique  Respect values, identity and their opinion for care  Provide privacy  Recreational atmosphere  Act as an advocate  Involve family members for care  Consent  Study materials  Special consideration for challenged children  Encourage gifted children  Priority during disaster
  • 35. Review of literature  PREVALENCE OF CHILD ABUSE IN SCHOOL ENVIRONMENT IN KERALA, INDIA : AN ICAST_CI BASED SURVEY  A study was conducted to estimate the prevalence of sexual, physical and emotional abuse in a developing country  Tool: International Society For Prevention Of Childe Abuse And Neglect (ISPCAN) Child Abuse Screening Tool- children's Version (ICAST-CI).  Methodology: cross sectional self report study  Sample:6682 school attending adolescents in thrissur, Kerala  Result :physical ,emotional and sexual abuse was high and more in males than females and students also reported they are feeling safe school than home.
  • 37. Bibliography 1. Government Of India .Department Of Social Welfare. Ministry Of Women And Child Development National Health Policy For Children .New Delhi;1974 2. Ministry Of Women And Child Development National Health Policy For Children .New Delhi;2013. 3. https://www.scconline.com/blog/post/2016/08/01/the-child- labour-prohibition-and-regulation-amendment-act-2016/ 4. https://indiacode.nic.in/bitstream/123456789/9162/1/icp3.pdf 5. http://legislative.gov.in/sites/default/files/A1956-93_0.pdf 6. https://en.wikipedia.org/wiki/Pre-Conception_and_Pre- Natal_Diagnostic_Techniques_Act,_1994 7. https://en.wikipedia.org/wiki/National_Food_Security_Act,_20 13 8. https://en.wikipedia.org/wiki/Juvenile_Justice_(Care_and_Prot ection_of_Children)_Act,_2015
  • 38. 9. http://www.bpni.org/docments/IMS-act.pdf 10. https://en.wikipedia.org/wiki/The_Prohibition_of_Ch ild_Marriage_Act,_2006 11. https://en.wikipedia.org/wiki/National_Commission_ for_Protection_of_Child_Rights 12. https://indiacode.nic.in/bitstream/123456789/6783/1 /commission_for_protection_of_child_rights_act.pdf 13. https://indiankanoon.org/doc/44657711/ 14. https://mhrd.gov.in/rte 15. https://wcd.nic.in/sites/default/files/POCSO- ModelGuidelines.pdf