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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