Category: Childlaws

Child Pornograhy Laws in India

April 24, 2015 by superadmin·Comments Off

Child pornography is publishing and transmitting obscene material of children in electronic form. In recent years child pornography has increased due to the easy access of the internet, & easily available videos on the internet.

Child pornography is the most heinous crime which occurs and has led to various other crimes such as sex tourism, sexual abuse of the child etc.

Child pornography is a crime in India. Information Technology Act, 2000 & Indian Penal Code, 1860 provides protection from child pornography. Child is the person who is below the age of 18 years.

According to the new (amended) Information Technology Bill Section 67 has been amended ——- that the not only creating & transmitting obscene material in electronic form but also to browse such sites is an offence.

Punishment for first conviction with imprisonment which may extend to 3 years & fine which may extend to 5 lakhs rupees.

And for subsequent offence imprisonment which may extend to 5 years & fine which may extend to 10 lakhs rupees.
Whereas Sections 67 B gives punishment to the offender for publishing or transmitting of material depicting child in a sexually explicit act in electronic form, then offender shall be punished with punishment first offence : imprisonment— 5 years & fine —– 10 lakhs rupees, Subsequent offence — imprisonment— 7 years & fine —– 10 lakhs rupees.

Section 292 of the Indian Penal Code, 1860 does not per se deal with obscenity online.
This difficulty was solved by the insertion of Section 29 A which included electronic documents also within the purview of documents thus making the law applicable to electronic media as well. But then in IPC section 35 speaks about the intention or motive of the transmitters, which makes difficult to prove in such cases.

Conclusion :
INDIAN LAW REGULATING CHILD PORN : In our opinion to control child pornography in India we should completely ban porn sites. This stringent action can solve the problem to a larger extent. This would give us time to think and plan some new ways to eradicate child pornography from India.

Child Marriage Act India

April 23, 2015 by superadmin·Comments Off

Child Marriage is the most unfortunate practices followed in India even today. Child Marriage is a abuse of children especially girls by their own parents in the form of celebration. It is a way by which parents push their children to experience the most traumatic situations of life.

The medieval period brought the rule of Child Marriage & which followed in the Later Period as a custom unfortunately continuing till now.

Main Causes:
(1) Discrimination of gender,
(2) Protection of girl child (form of insecurity.)
(3) To restrict the freedom of the children especially girls only.
(4) For sexual exploitation of girl child.
(5) Poverty,
(6) Fear of the society to follow the customs.
(7) To improve the relations of the rival families.
(8) Considering girl child as a burden etc.

Consequences:
Child Marriage provides a severe trauma on the child especially girl child because of the following reasons:

1. Early sexual intercourse,
2. Pregnancy, leading to various diseases,
3. Takes away the freedom of education.
4. Family honor custom.

child marriage act India
Child Marriage is a abuse & violation of human rights. To stop such abuse government had enacted many Acts like,

Child Marriage Restraint Act, 1929 (SARDA ACT):
Prohibition of Child Marriage Act, 2006.
These Acts prohibits the child marriage.

Object – to restrain the solemnization of the child marriage.

It provides:
Age provided: Male: below 21 years is a child.
& Female: below 18 years is a child.
Minor: both the girl & boy below the age of 18 years.
Punishment for those who arrange & actively participate in the marriage. The minor bride & bridegroom are not punished under the Sarda Act.

If the male adult contracts to marry a minor girl, then male adult punishable with imprisonment & fine.

Section 375 of Indian Penal Code provides that if the husband does sexual intercourse with bride of below 15 years of age is a Rape and the husband shall be punishable. All the Personal Acts like Hindu Marriage Act, Parsi Marriage Act, Christian Marriage Act these Acts also prohibits the Child Marriage.

Conclusion:
Child marriage chains the children in unhealthy customs. The stringent provisions prohibited Child Marriage to a larger extent from India but to eradicate it completely from the Country it the basic responsibility of the parents, to protect their own children’s rights & not to abuse them.

Child Custody Laws India

April 19, 2015 by superadmin·Comments Off

Child custody is the word which we hear in family courts, when the spouses are taking the divorce and fighting for the physical custody of their child. The child custody is the custody of the children who is below the age of 18 years.

The matter of child custody comes in front of the court when there is the divorce or annulment of the marriage. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child’s housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights.

Child custody in India
Since in India there are many religions therefore we have many personal laws. Thus in the matter of child custody we follow the personal laws of their respective religions.

HINDU LAWS:
The Hindu Minority and Guardianship Act 1956 (HMGA) and Guardians and Wards Act 1890 (GWA). These Acts are to be read together and implemented in the matter of child custody and appointment of guardian for the minor.

The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of 5 years should ordinarily be with the mother.

MUSLIM LAWS:
In Muslim Laws the custody of a child is given to the mother this right is called as right of hizanat. But it is not an absolute right; it is made in the interest of the child. The custody can be given to the father if the mother is disqualified by the provisions of the law.

CHRISTIANS LAWS:
There is no separate Act for the custody of the child in Christians. Therefore they follow the Indian Divorce Act, 1869, applicable to all the religions.

PARSI LAWS:
The custody of the children is provided in Parsi Marriage and Divorce Act, 1936 under section 49.

Conclusion:
Whatever the religion is, whatever the personal law is, but the custody of the child is given by the court aftear considering the best interest of the child, as the decision is the most emotional and crucial decision.

Child Laws in India

April 19, 2015 by superadmin·Comments Off

Children are the future of a country. They bring the development & prosperity to the country. But as we all know that the children are the most vulnerable part of the society & can be easily targeted. In India we have enacted many laws & Acts related to Children in order to protect them & to give them a better & sound development.

Constitutional Provisions :
Preamble Commitment: Justice, liberty, equality, & fraternity for all the citizens including children are the main purpose of the Constitution.
Article 14: Equality before law & equal protection of laws. It is available to every person including children.

Article 15 (3): empowers the State to make special legal provision for children. It makes mandate to the government to ensure children’s welfare constitutionally.
Article 21: it mandates free & compulsory education for all the children in the age group of 6- 14 yrs.

Article 23: puts total ban on forced labour & is punishable under the Act.
Article 24: prohibits employment of children in hazardous factories below the age of 14yrs.; e.g.: mine, match industries etc.

Article 51 A clause (k) & (j): the parent or the guardian to provide opportunities for education to his child or as case may be ward between the age of 6- 14 yrs.
Directive principles in Constitution of India also provide protection for the children such as, Article 39 (e), Article 39 (f), Article 41, Article 42, Article 45, & Article 47.

There are many Acts enacted in India for the protection children rights:
The Factories Act, 1948.
The Probation of Offenders Act, 1959.
The Child Labour Act, 1986.
The Child Marriage Restraint Act, 1986.
The Juvenile Justice Act, 2000.
The Pre- Conception & Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2002 and many others.
National Policy for Children (NCP), National Institute of public Co-operation & Child Development (NIPCCD), The Integrated Child Development Services are polices made by Government. Even NHRC & UNICEF are also organization, takes special efforts to protect children rights.

Conclusion :
The increased crime rate against the children, even after enacting so many laws & implementing them, has raised an alarming concern all over the world as children are being misused for fulfilling some people’s illegal purposes. So along with various laws, it is also our social responsibility to take care of the children & to protect their rights.

Child labor laws in India

April 19, 2015 by superadmin·Comments Off

The most violated human rights are children rights. Around 185,000 children are working as domestic labour (2001 census). Is the most highlighted problem globally.

The children’s are being forced in many labour works, domestic works, bonded labour, rag picking, forced to work in roadside eateries, prostitution, in factories etc.

Causes:
Poverty, child trafficking, ignorance of parents, discrimination of gender, children are easily targeted only for the reason that they cannot raise their voice as adults.

Child Labour lawa India :
Children who are engaged in labour work for economic gains, harmful works or hazardous works below the age of 14 years.

In India there are many Laws enacted to protect the rights of children which are as follows:
The Child Labour Act, 1986.
The Factories Act, 1948
The Mines Act, 1952
The Bonded Labour System Abolition Act

Constitutional provisions:
Article 24 provides: strictly prohibits children to work in hazardous environment.

Article 21, 45 gives the right to education to all the children below the age of 14years.

Article 39 declares the duty of the State to provide the children a free and facilities to develop in a healthy manner and in conditions of freedom and dignity.

Child labour in domestic work has been strictly banned by the Government, because of the increased cases of child abuse and sexual abuse of children especially girl child.

The government has a special cell to help children in exploitive circumstances. These cells comprise of social inspectors, as well as other administrative personnel, employed specifically to deal with child labour issues.

There are many organization which aims to stop the child labour on global level such as CRY, UNICEF, ILO etc.

To stop child labour is not only governments but each individual’s social responsibility, as children are assets of a nation.