CHAPTER - V

LEGISLATIVE MEASURES FOR

PROTECTION OF CHILD LABOUR AND CHILD RIGHTS

Legislations to protect the right of the child and child labour may be social and beneficial
legislation. Social legislation is designed to protect the interest of a class of society who, because
of their economic conditions, deserves such protection. With a view to pass the test of reasonable
classification there must exist intelligible differentia between persons or thing grouped together
from those who have been left out and there must by a reasonable nexus with the object to be
achieved by the legislation.

The Court must strive to so interpret the statute as to protect and advance the object and
purpose of enactment. Any narrow or technical interpretation of the provisions would defeat the
legislative policy. The Court must, therefore, keep the legislative policy in mind in applying the
provisions of the Act to the facts of the case. In interpreting the provisions the exercise
undertaken by the Court is to make explicit the intention of the Legislative which enacted the
legislation. It is not for the Court to reframe the legislation for the very good reason that the
powers to “legislate” have not been conferred on the Court.

In order to sustain the presumption of constitutionality of a legislative measure, the Court

can take into consideration matters of common knowledge, matters of common report, the
history of the times and also assume every state of facts which can be conceived existing at the
time of the legislation.

Courts must find out the literal meaning of the expression in the task of construction. In
doing so if the expressions are ambiguous then the construction that fulfils the objects of the
legislation must provide the key to the meaning. Courts must not make mockery of legislation
and should take a constructive approach to fulfill the purpose and for that purpose, if necessary,
iron out the creases.

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 A) POSITION OF CHILD UNDER LABOUR LAWS

Prohibition of employment of children in certain occupations and processes

Child shall not be employed or permitted to work in any of the occupations set or in any
workshop wherein any of the processes set is carried on:

These provisions shall not apply to any workshop wherein any process is carried on by
the occupier with the aid of his family or to any school established by or receiving assistance or
recognition from, Government.

The period of work on each day shall be so fixed that no period shall exceed three hours
and that no child shall work for more than three hours before he has had an interval for rest for at
least one hour. The period of work of a child shall be so arranged that inclusive of his interval for
rest, under sub-section(2), it shall not be spread over more than six hours, including the time
spent in waiting for work on any day.

Child shall not be permitted or required to work between 7 p.m. and 8 a.m No child shall
be permitted or required to work overtime No child shall be permitted or required to work in any
establishment on any day on which he has already been working in another establishment.

Legislation in the field of employment relations has generally focused on protecting the
health, safety and well being of the child. Some of the important Acts dealing with the
employment and protection of children may be discussed as follows:The following are various
provisions legislations pertaining to children in order to regulate the minimum age and working
conditions of child labour.

Factories Act, 1948

The Factories Act 1948 prohibits employment of a child below 14 years in any factory
for health and safety of young persons. Act places a few restrictions on their employment. If
there is need to work by them ,they have to obtain a certificate of fitness from a certifying
Surgeon. The act also provides for initial periodical examination at intervals of not less than 12
months by certifying Surgeon. The Act put restriction in the matter of working hours of these
young persons. Thus a child belonging to the age group of 14 years and 17 years is not to be
employed at night i.e. from 10.00PM to 6.00 AM. Then a child between the age of 14 and 15
cannot be employed for more than 41/2 hours in any day and cannot be employed in two shifts
and cannot be allowed to work in more than one factory on the same day.

A young person between the age group of 15 years and 18 years is considered to be an
adult and has to get certificate to work full day’s work in the factory from certifying surgeon. If
no such certificate such person is treated as child. But such person should not be allowed to work

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on dangerous machine unless sufficient training is given at machine and is under supervision of
expert. Young person should not be employed to carry out any mounting on shipping of belts and
lubrication etc. of certain machines. There is also prohibition on the employment of a child for
pressing cotton in which a cotton opener is at work. Inspectors are appointed under this Act to
see the enforcement of the various provisions. Penalties are imposed on employer in
contravention of any provision ,shall be punishable with imprisonment for a term up to 3 months
or fine up to Rs 500/- or with both.

Mines Act, 1952

Like Factories Act, the Mines Act1952 has provisions regulating the employment of
children in mines. The provisions in the Mines Act are more stringent than Factories Act. Young
person who has not completed the age of 16 years cannot be employed in any mine. A child (a
person who has not completed 15 years of age) cannot even be present in any part of a mine,
which is below ground, and also above ground after such date as the central Government may by
notification fix. A young person who is between 16 years of age and 18 years( known as
adolescent) is allowed to work in any part below ground if he has medical certificate from a
certifying surgeon certifying that he is fit for work as an adult. Even then such a person cannot
be allowed to at night (between 6.00 PM and 6.00 AM or between 10.00PM and 5.00AM in case
the Central Government so notifies).

Merchant Shipping Act, 1958

The Merchant Shipping Act, 1958 applies to sea going ships. This Act is also having
some provisions relating to employment of children. The Act bars employment in any capacity
of persons below 15 years in a ship except ( a) in a school ship, or training ship, or( b) in a ship
in which all persons employed are members of one family or ( c) in home trade ship less than
two hundred tons gross or ( d) where such persons is to be employed on nominal wages and will
be in charge of his father or other adult near male relative.

The Act prohibits employment of persons below 18 years as a trimmer or stoker in any
ship. This restriction does not apply (a) to any work of trimming or stoking done by such a
person in a school ship or training ship (b) to any work of trimming or stoking in which mainly
propelled otherwise than by steam. However a person above 16 years of age may be employed as
trimmer or stoker on a coasting ship in according with the prescribed conditions. Such a person
can be employed on any ship other than the coasting ship if a person above 18 years of age is not
available provided that two such persons are employed to do work, which would otherwise have
been done by one person above 18 years of age.

A person below 18 years of age cannot be employed unless he has been granted a medical
certificate of fitness; medical examination is required at intervals of one year.

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Motors Transport Workers Act, 1951

The Motors Transport Workers Act 1951 regulates the conditions of work of employees
in motor transport undertaking. The Act prohibits employment of children in a motor transport
under taking and a child is defined as a person who has not completed 15 years of age. An
adolescent who has completed 15 years but not 18 years is allowed to work provided he has a
certificate of fitness granted by certifying surgeon. The certificate is valid for a period of one
year .It should be renewed every year. An adolescent is not allowed to work for more than six
hours and he should not work between 10.00PM TO 6.00AM.

Child Labour (Prohibition and Regulation) Act, 1986

The aim of this Act is to prohibit the engagement of children in certain employments and
to regulate the conditions of work of children in certain other employments. A child under the act
is a person has not completed his fourteenth year of age. The act prohibits the employment of
children in certain occupation in Schedule A (i.e. Transport of passengers goods or mails by
railway, cinder picking, clearing of ash pit or building operation in in the railway premises, work
in a catering establishment at a railway station, involving the movement of a vender or any other
employee of the establishment from one platform to another or into or out of a moving train.) and
process in Schedule B (i.e. Beedi making, Carpet weaving, Cement manufacture, including
bagging of cement, Cloth printing, Dyeing and weaving, manufacture of matches, Explosives
and Fireworks, Mica cutting and splitting, Shellac manufacture, Soap manufacture, Tanning,
Wood cleaning, Building and Construction Industry).

M.C. Mehta vs. State of Tamil Nadu 142 This case dealt with employment of child labour
in manufacturing of matches and fire-crackers at Sivakasi. On 31st December 1985 there were
221 registered match factories in Sivakasi; these factories employed 27,338 workmen of which
2,941 were children. This judgment examines the reasons for continuation of child labour despite
the Child Labour (Prohibition and Regulation) Act 1986. The Supreme Court has noted the
causes of child labour as mentioned by Dr. J.C. Kulshreshtra in the book 'Indian Child Labour',
viz. (i) poverty, (ii) low wages of the adult, (iii) unemployment, (iv) absence of schemes for
family allowance, (v) migration to urban areas, (vi) large families, (vii) children being cheaply
available, (viii) non-existence of provisions for compulsory education, (ix) illiteracy and
ignorance of parents, and (x) traditional attitudes.

Employment of Children Act, 1938

To prevent employment of children in hazardous employment and those injurious to

health, the Employment of Children Act 1938 prohibits their employment in certain occupations.
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AIR 1997 S.C. 699

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A child who has not completed 15 years of age cannot be employed in any occupation connected
with the transport of passengers, goods or mails by railway or port authority within the limits of a
port. There are certain restrictions even for employment of children who are above 15 years and
below 12 years of age. They are to be given at least 12 consecutive hours of rest, which shall
include 7 hours between 10.00PM and 7.00 AM as may be prescribed.

The Employment of Children Act, 1938 regulates the employment of children in certain
industrial employment. Act prohibits employment of children below fifteen years of age, in any
occupation connected with the transport of passengers, goods or mail by railways; or in any
occupation involving the handling of goods within the limits of any port, but exempts children
employed as apprentices in receipt of vocational training.143 The competent authority in an
emergency or due to public interest may also suspend the operation of these restrictions for a
specified period, thus opening the doors for child labour. Children aged fifteen and sixteen in rail
and port work were required to be given fixed rest intervals of at least twelve consecutive hours,
including seven consecutive hours between 10 p.m. and 7 a.m. The Act prohibits the
employment or work of children aged under fifteen in a number of other industries, but exempts
any "workshop wherein any process is carried on by the occupier with the aid of his family only
and without employing hired labour”. The Act prohibits employment of a child below fourteen
years in any of the following processes: bidi-making; carpet-weaving; cement manufacture,
including bagging of cement; cloth-printing, dyeing and weaving; manufacture of matches,
explosives and fireworks; mica-cutting and splitting, shellac manufacture; soap manufacture,
tanning and wool cleaning/

Under this Act, a child below 14 years of age cannot be employed in any workshop.
Where manufacture is carried on, cloth printing, dying and weaving, soap manufacture, canning
etc. For contravention of the provision of the Act, the employer is punishable with simple
imprisonment extending to one month or fine up to Rs 500/- or with both. A bill introduced in
parliament in 1978 to further amend the Employment of Children Act, prohibiting employment
of children who has not completed 15 years of age.

The Children (Pledging of Labour) Act, 1933

An Act to prohibit the pledging of the labour of children. it also prohibit the making of
agreements to pledge the labour of children, and the employment of children whose labour has
been pledged; "An agreement to pledge the labour of a child"- means an agreement, written or
oral, express or implied, whereby the parent or guardian of a child, in return for any payment or
benefit received or to be received by him, undertakes to cause or allow the services of the child
to be utilised in any employment: Provided that an agreement made without detriment to a child,
and not made in consideration of any benefit other than reasonable wages to be paid for the

143
Section 3
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child's services, and terminable at not more than a week's notice, is not an agreement within the
meaning of this definition;

The Children (Pledging of Labour) Act, 1933 prohibits making of any agreement to
pledge the labour of a child below fifteen years. Act defines "an agreement to pledge the labour
of a child" as an agreement, written or oral, express or implied, whereby the parent or guardian
of a child, in return for any payment or benefit received or to be received by him undertakes to
cause or allow the services of the child to be utilised in any employment.144 An agreement for the
employment of a child in return for reasonable wages was not considered to be an agreement to
pledge the labour of a child. Thus the definition gave ample scope for child labour. The Act
imposes penalties of only fifty rupees to those pledging a child's labour, and two hundred for
anyone employing a child whose labour has been pledged under an agreement. This Act has not
discouraged the employment of children, whose labour is pledged under an agreement, as the
penalty is nominal and has no significance.

Plantations Labour Act, 1951

The Plantations Labour Act, 1951 applies to plantations of tea, coffee, rubber of
cinchona, which admeasures 10.117hectares or more. The Act prohibits the employment of
those children in plantations who have not completed 12 years of age. Every child over 12
years and every adolescent (i.e. a person who has completed 15 years of age but not 18 years)
is required to obtain a certificate of fitness from a certifying surgeon. A child (a person who
has not completed 14 years) cannot work at night (between 6.00AM to 7.00 PM). The
total maximum working hours in a week for a child and adolescent are 40.

The Plantations Labour Act, 1951 provides for the welfare of labour and seeks to regulate
the conditions of work in plantations. It applies to any land used or intended to be used for
growing tea, coffee, rubber, cinchona or cardamom which measured five hectares or more and in
which fifteen or more persons are employed or were employed on any day of the preceding
twelve months. The Act defines a 'child' as a person, who has not completed his or her fourteenth
year.145 The Act deal with the employment of young persons in plantations. However, the Act
prohibits the employment of children below the age of twelve years in plantations. Children
above the age of twelve can be employed between 6 a.m. and 7 p.m. and non-adult workers need
to carry tokens, while working in a plantation.146 The definition of a plantation provides the
opportunity to employ children without any difficulty, on land measuring less than five hectares,
where other crops are grown, and where fewer than fifteen people are employed in a year. The
Act contains the usual provisions for offences and penalties on the lines of the Factories Act.

144
Section 2
145
Section 2(c)
146
Section 25 and 26
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The Apprentices Act, 1961

The main object of the Act is to provide for the regulation and control of training
of apprentices in trades and for matters connected there with. The Act extends to whole
of India and provides for the regulations and control of training of apprentices in trade and
for matters connected there with. Under the Act an apprentice has been defined "as a person
who is undergoing apprenticeship training in a designated trade in pursuance of control of
apprenticeship". The Act provides that no person shall be qualified for engaged as an
apprentice or to undergo apprenticeship training in any designated trade unless he is at least
14 years of age and satisfies such standards of education and physical fitness as may be
prescribed.

If he is a minor, his guardian is required to enter into contract of apprenticeship with

the employer and it shall be registered with the Apprenticeship Advisor. Initially the Act
was enforced in 12 industries but in order to meet the growing and changing
demands of all skilled workers in other industries the coverage of the Act has been
extended to, 195 industries. The central Government has also specified 56 designated trades
for the purpose of the Act.

Beedi and Cigar Workers (Conditions of Employment) Act, 1966

The beedi and cigar workers (conditions of Employment Act 1966 applies to beedi
and cigar workers. The Act prohibits the employment of children who has not completed
14years shall be required or all owed to work in any industrial premises, where any
manufacturing process connected with the making of beedi or cigar is carried on
irrespective of the number of persons employed. The Act contains the usual provisions for
offences and penalties on the lines of the Factories Act.

Shops and Establishment Act, 1954

Shops and Establishment Act has enacted their own statutes regulating conditions. In
order to regulate employment and conditions of work in shops and establishments other than
factories, states have enacted their own law. These Acts prohibit employment of a child in shops
and establishments. A child is said to be a person, who has not completed twelve years of age.
However, some states consider a person below fourteen years to be a child. Thus there is no
uniformity in relation to the age of a child.

These acts apply to shops, commercial establishments, restaurants and hotels and
places of amusement at notified urban areas. The Acts prohibit the employment of a child
in shops and establishments and he cannot be employed even as a member of the family of
the employer. Generally speaking, a child is a person who has not completed the age of 12
years. A young person (i.e. a person who is not a child and who is below 18 years of age) can
be employed .the working hours from 5 to 7 hours.
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The Women’s and Children’s (Licensing) Act, 1956

The Women's and Children's (Licensing) Act was enacted to provide for the licensing of
institutions for women and children and for matters incidental thereto. The main object of this
Act is to protect women and children from exploitation and inhuman conditions prevailing in
institutions. Under this Act "child" means a boy or a girl who has not completed the age of 18
years. An "institution" means an institution established and maintained for the reception, care,
protection, and welfare of women or children.

No institution can be established or maintained without the prior permission of the

licensing authority, viz. the State Government. The license contains the conditions to be
complied with by the institution. The license is to be periodically renewed.. The license may be
revoked on the institution not complying with the provisions of the Act or the license conditions.
On revocation of a license, the children are restored to the custody of the parent/guardian, or are
transferred to another institution. The person responsible for contravening the provisions of this
Act or the licence conditions, is punishable with imprisonment or fine or both. On revocation of
licence, the option of changing the management of the institution and closely monitoring its
functioning should be explored.

The Bonded Labour System (Abolition) Act, 1976

The Bonded Labour System (Abolition) Act 1976 was enacted to provide for the
abolition of the bonded labour system with a view to prevent the economic and physical
exploitation of the weaker sections of the people. This Act is based on Article 23 of the
Constitution under which begar and other forms of forced labour is prohibited.

The 'bonded labour system' means the system of forced or partly forced labour under
which a debtor has entered into an agreement with the creditor in consideration of an advance or
other economic consideration obtained by the debtor or his lineal descendants or ascendants, to
render labour or service through himself or any member of his family for a specified period or
unspecified period with nominal wages or without wages. It is an offence to advance a bonded
debt or compel a person to render any bonded labour under this Act. This offence is a cognizable
and bailable offence. This Act abolishes the bonded labour system; any bonded debt which
remains to be satisfied at the commencement of this Act is deemed to be extinguished.

The State Government is to appoint a District Magistrate to ensure that the provisions of
this Act are complied with. The District Magistrate may appoint a subordinate officer to exercise
such powers and duties. If any person is found to be enforcing the bonded labour system or any
other system of forced labour, the District Magistrate or subordinate officer is to take action to
eradicate the enforcement of such forced labour. The State Government is required to establish
Vigilance Committees in each district and its sub-divisions. The Vigilance Committee is to
ensure that the provisions of this Act are complied with, to provide for economic and social
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rehabilitation of freed bonded labourers, to conduct a survey as to whether there is any offence of
which cognizance ought to be taken, etc. The District Magistrate or any person nominated by
him will be the Chairman of the Vigilance Committee.

Bandhua Mukti Morcha v. Union of India.147 Bandhua Mukti Morcha is an organisation

that works for release of bonded labour in the country. The organisation conducted a survey of
stone quarries in Faridabad district. This survey reflected that there were a large number of
labourers from Maharashtra, Madhya Pradesh, Uttar Pradesh and Rajasthan who were working in
these stone quarries under 'inhuman and intolerable conditions', and many of whom were bonded
labourers. The organisation addressed a letter to the Supreme Court setting out these facts; this
letter was converted by the Court into a writ petition. The Court appointed Dr. Patwardhan of
I.I.T. to carry out a socio legal investigation into the matter. The investigation reflected the
existence of the bonded labour system and the appalling conditions in which they worked.

The Court directed the State Governments to constitute Vigilance Committees in each
district and its sub-divisions. The District Magistrate is to take up as top priority the task of
identification of bonded labour. The State Government is to concentrate on rehabilitation of
bonded labour and evolve effective programmes for this purpose. Main features of rehabilitation
are as follows:

i) Psychological Rehabilitation;
ii) Physical and Economic Rehabilitation, including allotment of house-sites, providing of
credit, facilities for acquiring new skills or developing existing skills, education of
children of bonded labourers, etc.
iii) Integration of various Central and State sponsored schemes for a more qualitative
rehabilitation; and
iv) Released Bonded labourers to be provided with alternatives for their rehabilitation.

The Right of Children to Free and Compulsory Education Act, 2009

A male or female child of the age of six to fourteen years, belonging to any community
the education from first to eight classes shall have free and compulsory education. It shall be the
duty of the appropriate government to ensure availability of neighborhood school and should see
that no school is collecting any capitation fee. The Act guarantees that no child shall be denied
admission in a school for lack of age proof.

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 The Constitutional Amendment Act, 2002 148 has limited the fundamental right to
education for children between six to fourteen years only.

B) POSITION OF CHILD UNDER PERSONAL LAWS

Hindu Minority and Guardianship Act, 1956

The law of guardianship and minority is applicable to Hindus, Sikhs, Buddhists and Jain
is now found in Hindu minority and Guardian ship Act 1956. The provision of this Act is in
addition to and not derogation of the Guardians and wards Act. The provisions of Hindu
Minority and Guardianship Act are to be read supplemented to the Guardians and wards Act.

Under Hindu minority and guardian ship act 1956 any Hindu who has not completed the 18 year
of age is a minor. According to this Act, the following persons in the following order are the
natural guardians of the person and property of a Hindu minor

a) Boys and unmarried girls i) the father, after him

by legitimate blood the mother.

b) Boy and unmarried girls ii) the mother, after her

by illegitimate blood the father.

c) Married girls iii) the husband(even if minor

himself)

Thus legitimacy is a factor, which decides the order of preference for guardianship
between the parents. No non-Hindu can act as guardian of a Hindu minor. Custody of a
minor child of either sex up to the age of five years ordinarily belongs under the Act, to the
mother even where the father is the guardian. Guardianship of a minor adopted son belongs,
under the Act, to the adoptive father and if he is dead or disqualified to the adoptive
mother. The Act is silent about the guardianship of an adopted daughter and takes no
notice of the fact that a woman having no husband may adopt child. These lacunae in the
Act still exist while over 20 years have elapsed since its enactment.

148
Article 21A inserted in 86th Constitutional Amendment.
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 The Act empowers natural guardians to do all acts, which are necessary or reasonable
and proper for the benefit of the minor or for the realization, protection or benefit of the
minor's estate. No guardian c a n however bid a minor by a personal covenant. In respect of
property of the child, the guardian is allowed practically no power of disposition without the
prior approval of the Court. The Court may give such an approval in the light of the
provisions of the Guardians and Wards Act, 1890. The Act empowers a Hindu father or
mother acting as the natural guardian of a child to appoint by will the next guardian.

Guardians and Wards Act, 1890

The law relating to guardianship of children is to be found in the
Guardianship a nd Wards Act, 1890. This law passed in addition to the provisions of
various laws relating to Guardianship of children, and in place of them.

The Act of 1890 contemplates two kinds of guardians (i) Guardian of person, and (ii)
Guardian of property. Both p o s i t i o n s may be combined in the same person. A guardian
may be appointed under the Act in respect of any person who is a "Minor” under the
Indian Majority Act, 1875 namely a person below the age of 18 years and below the age
of 21 years if under the superintendence of the Court of Wards.

The Act states that where the Court is satisfied that it is for the welfare of a minor
that an order should be made appointing a guardian of his person or property or both or
declaring a person to be such a guardian, the Court may pass an order accordingly. Thus,
the Court can either "appoint" a guardian or "declare" that a person is a guardian of a
particular child. The Court may also remove a guardian whether appointed by the Court
earlier or acting under a will or otherwise. An order appointing or declaring a guardian can
be made only on the application of the claimant of guardianship, a relative or friend of the
minor, the district collector or a special collector. The paramount consideration is that of the
welfare of the child.

The Act further provides that "welfare" of the minor is to be determined with
reference to the following:

a) Age of the child.

b) Sex of the child
c) His or her religion.
d) Character and capacity of the proposed guardian.
e) His nearness in relation to the child.
f) Wishes of the deceased parents of the child.

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 g) Existing or previous relations of the proposed guardian with the child or his
property.
h) Child's any preference if he is old enough to give it.

Hindu Adoptions and Maintenance Act, 1956

Adoption is a valuable legal fiction, which is of great hold to children and

therefore, its importance in law relating to children, cannot be over emphasized. Hindus,
Sikhs, Jain and Buddhists are at present governed in the matter of adoption by the Hindu
Adoptions and Maintenance Act of 1956, which is now the only statute on adoption
existing in this country.

Modern Hindu L aw of Adoptions

i) Capacity to Adopt: Under the Act of 1956, any male Hindu who is of sound
mind, and it not a minor has the capacity to adopt a child. A man having a wife,
who does not become of unsound mind, sanyasi or non-Hindu, should, however seek
her consent for the intended adoption. Under the same Act any female Hindu who is
a major and of sound mind and who is unmarried widow, divorcee or wife of an
insane, covenant or sanyasi husbands may adopt a child. Under the Act of 1956
there is no room for the adoption of an illegitimate child.

ii) Capacity to give in Adoption: under the Act, 1956 the father, if alive, alone has the
right to give a child in adoption. Consent of the child’s mother s h o u l d be obtained
except when she has become a sanyasi, non-Hindu, and sanyasi or insane, the mother
can give a child in adoption. Where both the parents of a child are dead or have
become insane or sanyasi or have abandoned, his guardian can, with the Courts
permission, give the child in adoption and the Court can grant such
permission, having regard to the child's welfare, his own wishes keeping in view
his age under taking.

iii) The Adoptee: Under the Act of 1956 only a Hindu child can be adopted.
Normally a child above the age of 15 or a married child cannot be adopted, but
these provisions are subject to the force of a contrary custom. No particular
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 difference of age between the adopter and the adoptee is required by the Act where
they are of the same sex only when they differ in sex a difference of 21 years is
required.

iv) Right to Adoption: Under the Act of 1956, a person who has a Hindu son, son's son
or son’s son’s son (by blood or by adoption) cannot adopt a son. Similarly, a person
having a Hindu daughter or son's daughter cannot adopt a daughter.

v) Mode of Adoption: Under the Act of 1956, though unlike the traditional law,
performance of the ceremony of dattahomam is not essential the only requirement to
effect an adoption is actual, giving and taking the child. The Court does not
come into the picture for effecting an adoption.

vi) Right and position of the Adoptee: Under the Act of 1956 the adoptee is deemed to be
the natural child of the adopter. It provides that the child’s prohibited degrees in his
family of birth should not to be distributed, and prohibited degrees are even formed in
adoptive family. It further provides that property already vest in adopted child before
adoption will not divert to anybody in the new family. His share in adopted family will
not vest to born family. Monetary exchange or payment of money or any other in
consideration is absolutely prohibited

Maintenance and Custody

The legal rules relating to the maintenance and custody of children are found in the
personal laws of the various religious communities and in the Criminal Procedure Code. The
Hindu Adoption and maintenance Act, 1956 include three distinct provisions relating to
maintenance of

a) A person’s minor sons and daughters.

b) A person’s widowed daughter in law
c) Other minors relatives of a person

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 Section 20 of the Act provides that every Hindu is bound to maintain minor children,
whether legitimate or illegitimate. A minor Hindu child can claim maintenance either from or
mother

Sayanna v. Laxmi Bai And Ors.149 Civil Court to adjudicate whether the second marriage
is valid one or not also does not arise. The provisions of S. 125, Cr.P.C. are also clear. They
never contemplate maintenance to a second wife, whose marriage is void and initio. S. 125,
Cr.P.C. does not provide for granting maintenanceto a second wife of a person when the first
marriage of that person is subsisting and his first wife is living. For the aforesaid reasons, the
order granting maintenance to the Ist respondent - wife is set aside. 6. So far as
the maintenance granted to the child at the rate of Rs. 150/- per month, it is confirmed as he is
legally entitled to maintenance, he being the illegitimate child of the petitioner. 7. In the result,
the revision is partly allowed. The order of the revisional Court granting maintenance at the rate
of Rs. 200/- per month to the Ist respondent-wife is set aside, while confirming the order
granting maintenance of Rs. 150/- per month to the 2nd respondent. The Crl. RC. Is ordered
accordingly. 8. Revision partly allowed
Section 19 of the Act imposes on the Hindu father in law an obligation to maintain his
widowed daughter in law, whether minor or major, if they cannot maintain out of own income
or out of husbands income or her parents estate or from her own son or daughter or their estate.
Section 22 of the Act provides that heirs of a deceased Hindu are bound to maintain the
dependents of the deceased. Depends include the following relations of the deceased,

a) Son, grandson, great grandsons.

b) Daughter , sons daughter, sons sons daughter if not married
c) Widowed daughter.
d) Sons or grandsons widow
e) Minor illegitimate son.
f) Illegitimate daughter

Maintenance includes

1) Food, 2) Clothing, 3) Residence, 4) Education and 5) Medical aid

149
1992 (1) ALT 482, 1992 CriLJ 1070
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 A Hindu child who ceases to be a Hindu by conversion to another religion loses all her
rights to claim maintenance under the Act of 1956.

C) POSITION OF CHILDREN UNDER CRIMINAL LAW

Code of Criminal Procedure, 1973

Bailable offence is an offence where bail can be availed of as of right the police are
empowered to release on bail a person arrested for a bailable offence. Non-Bailable Offence is an
offence where bail may be granted by the Court; the granting of bail is discretionary and the
Court must record the reasons for granting or refusing bail. An alleged juvenile offender
produced before JJB is to be released on bail irrespective of whether the juvenile is accused of a
bailable or nonbailable offence. A juvenile offender may not be released on bail if release will
bring him into association with a known criminal or expose the juvenile to physical /
psychological danger.

Cognizable Offence is an offence for which a police officer may arrest the offender
without a warrant, i.e. without obtaining an order from the Magistrate. Offences committed
against children under the Juvenile Justice [Care and Protection of Children] Act are cognizable
offences. Examples of such offences are, cruelty to child by a person in charge or control of a
juvenile, employment of a child for begging, exploitation of child employee.

Non-Cognizable Offence is an offence for which a police officer has no authority to

arrest without a warrant. In such cases a NC complaint is recorded at the police station. If an
accused has committed two or more offences of which at least one is cognizable, the case will be
treated as a cognizable case.

1. A person under 16 years of age or a woman is generally to be released on bail even in

case of a non-bailable offence.
2. A police officer during investigation is to examine a woman or boy child under 15 years
of age at her/his place of residence, and such persons should not be made to attend the
police station.
3. A child can give evidence as a witness if the child is capable of understanding the
question, and of answering the same.

First Information Report

First Information Report [FIR] is the first statement recorded in a police station that a
cognizable offence has been committed. On lodging of FIR, the investigative machinery is set
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into motion. A FIR may be lodged by the victim, or parent / guardian of the victim, or any other
person who knows that a particular offence has been committed. A representative of a non-
governmental organization may also lodge a FIR. It is preferable to lodge a FIR at the police
station within whose jurisdiction the offence has been committed.. Oral information related to a
police officer is to be recorded in writing by the police officer, read over to the informant, and
signed by the informant. A copy of FIR must be given free of cost to the informant.

Information in writing and signed by the informant may be submitted to the police
station. Acknowledgement of receipt by police station must be taken on a copy of the writing.

If the police officer refuses to record the information, the information must be sent in writing to
the Superintendent of Police or Assistant Commissioner of Police. This writing should
categorically state that the concerned police station refused to record the information. A copy of
the writing must also be sent to the Commissioner of Police, Deputy Commissioner of Police and
Senior Police inspector.

Maintenance of Children and Criminal Procedure Code

Section 125 provides, inter alia, that if any person "having sufficient means" neglects
or refuses to maintain his child "unable to maintain itself' a Magistrate of first class may
"upon proof of such neglect of refusal, order such person to make a monthly allowance
for its maintenance. The provision applies equally to legitimate as well as illegitimate
children and also both to male and female children, whether married or unmarried.

The allowance payable under any of the above provisions will be as the
"magistrate thinks fit". The mode of payment is also to be decided by the Court. Failure to
comply with an order for maintenance made under the code, entitle the Court to issue a
warrant for levying the amount due in the manner provided for levying fines and if the
amount still remains unpaid to sentence the defaulter to imprisonment up to one month till
the amount due is paid. The maintenance order for a child once made under the code may at
any time be suitably altered depending on the circumstances of the case.

The Probation of Offenders Act, 1958

The Probation of Offenders Act was enacted for the release of offenders on probation or
after due admonition and for matters connected therewith. Under this Act, Courts have been
given the power to release certain offenders on probation of good conduct or on due admonition.
Such orders can be passed by the Court empowered to try and sentence the offender or hear the
appeal or by the High Court.

The Courts are required to ordinarily release a person under 21 years of age after due
admonition or on probation if found to be guilty of an offence punishable with imprisonment, not
being life imprisonment. This Act does not apply to offences which are punishable with death or
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life imprisonment. The Courts have been taking recourse to the provisions of this Act in cases of
young offenders to provide them with an opportunity to reform them. This Act is especially
applied in cases where there has been no history of convictions.. This Act also empowers the
Court to pass a supervision order, i.e. putting the offender under the supervision of a specific
Probation Officer. The State Government appoints Probation Officers, but in special
circumstances the Court may appoint a Probation Officer. The duties of a Probation Officer are;
to inquire into the circumstances or home surroundings of an offender, to supervise probationers,
to find suitable employment for probationers, etc. The provisions of this Act read with the
provisions of the Juvenile Justice [Care and Protection of Children] Act, ensures that a person
under 21 years of age is not sentenced to imprisonment.

The Juvenile Justice Act, 1986

The aim of this Act is to provide for care, protection, treatment, development and
rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters
relating to and disposition of delinquent juveniles.

Juvenile means a boy who has not attained the age of 16 years and a girl who has
not attained the age of 18 years. A delinquent juvenile is one who is found to have
committed an offence punishable under any law in force. The Juvenile Justice Act
1986 stipulates to provide a uniform system of Juvenile Justice which is more effective
in bringing neglected and delinquent children in the main stream.

A neglected juvenile i s a juvenile who i) is found begging or (ii) is found

without having any home or settled place of abode and without any ostensible means
of subsistence and is destitute (iii) has a parent or guardian who is unfit or incapacitated to
exercise control over the juvenile (iv) lives in a brothel or with a prostitute or frequently
goes to any place used for the purpose of prostitution or is found to associate with any
prostitute or any other person who leads an immoral drunken or depraved life or (v) who is
being or is likely to be abused or exploited for immoral or illegal purposes or
unconscionable gain.

The Act stipulates to establish two main authorities in the administration of juvenile
justice (a) Juvenile welfare Board and (b) Juvenile Courts. The Act also stipulates to
establish some institutions for housing juveniles. They are (i) Juvenile homes (ii) special
homes (iii) Observation homes (iv) after care organizations.

No juvenile can be given a death sentence or life imprisonment. He cannot be committed

to prison for default of payment of fine or in default of furnishing security. However if a juvenile
who has attained the age of 14 years has committed an offence and the juvenile court is satisfied
that the offence committed is so serious then the court may order the delinquent juvenile to be

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kept in safe custody in such place and manner as think fit and report the case for the orders of
state Government.

No delinquent juvenile can be tried i n the same way as an adult under the code of
Criminal Procedure. A delinquent juvenile can also not be charged and tried along with a
non-juvenile delinquent. When a juvenile brought before a Board or the Court is found to be
suffering from a disease requiring prolonged medical treatment or some physical or mental
illness that will respond to treatment, the juvenile may be sent to any place
recognize to be an approved place for such period as it may think necessary for the required
treatment. Where a juvenile is found to be suffering from leprosy or is of unsound mind,
he shall be dealt with under the provisions of the Lepers Act 1898 (3 of 1898), or the
Indian Lunacy Act 1912 (4 of 1912) as the case may be. When an offence is committed by a
person against a child, the offender should be prosecuted under the law which provides for
greater degree of punishment

The Juvenile Justice (Care and Protection of Children) Act, 2000

The Juvenile Justice [Care and Protection of Children] Act, 2000 was enacted to
consolidate and amend the law relating to juveniles in conflict with law and children in need of
care and protection, by providing for proper care, protection and treatment by catering to their
development needs, and by adopting a child-friendly approach in the adjudication and
disposition of matters in the best interest of children and for their ultimate rehabilitation through
various institutions established under this enactment. This Act has been enacted to bring the
juvenile justice system in conformity with the Convention on the Rights of the Child. This Act
repeals the Juvenile Justice Act 1986, but any action taken under the former Act prior to its
repeal stands and will be deemed to have been taken under corresponding provisions of this Act.

"Juvenile" or "child" means a person who has not completed eighteenth year of age.
"Juvenile in conflict with law" means a juvenile who is alleged to have committed an offence.
"Child in need of care and protection" means a child - who is found without any home or settled
place of abode and without any ostensible means of subsistence, who resides with a person
[whether a guardian of the child or not] and such person - (a) has threatened to kill or injure the
child and there is reasonable likelihood of the threat being carried out, or (b) has killed, abused
or neglected some other child or children and there is reasonable likelihood of the child in
question being killed, abused or neglected by that person, who is mentally or physically
challenged, or ill children, or children suffering from terminal diseases or incurable diseases
having no one to support or look after, who has a parent or guardian and such parent or guardian
is unfit or incapacitated to exercise control over the child, who does not have parents and no one
is willing to take care of or whose parents have abandoned him or who is missing and runaway
child and whose parents cannot be found after reasonable inquiry, who is being or is likely to be
grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts, who is found
vulnerable and is likely to be inducted into drug abuse or trafficking, who is being or is likely to
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be abused for unconscionable gains, who is victim of any armed conflict, civil commotion or
natural calamity.

Krist Pereira v. The State of Maharashtra & Others. 150 This case was heard by the
Bombay High Court under its criminal writ jurisdiction. The death of a three year old boy child
in Bhiwandi Remand Home gave rise to the filing of this petition. The Court constituted an
Experts Committee to examine the conditions in different Juvenile Homes, Remand Homes,
Children Homes, and Special Homes in the State of Maharashtra. The Experts Committee visited
21 Homes and submitted their reports to the Court. The reports contained details with regards to
the administration and management of the Remand Homes, Juvenile Homes and other Homes
and facilities provided to the inmates of these Homes, and the working of the Juvenile Welfare
Boards, Juvenile Courts, and the role of the police.

The Juvenile Justice (Care and Protection of Children) Act, 2000, (Amended in 2006 and
2011)

The involvement of a "minor" in the horrific delhi gang rape has sparked a debate on the
juvenile justice act, including whether exceptions should be made depending on the crime or if
the age of a juvenile itself should be lowered. The Supreme Court deciding to examine the
definition of juvenile in the Act.

The juvenile justice (care and protection of children) act, 2000, amended in 2006 and
2011, contains statutory provisions to handle cases relating to minor offenders, called as
"delinquents," "juveniles in conflict with law" or as "children in need of care and protection".
The word "accused" is not purposely used for minor offenders so as to prevent the stigma
associated with it. The act is essentially a social welfare legislation, crafted specially to deal with
offenders under the age of 18 and aimed at their proper care, protection and treatment through
catering to their development needs. It makes it mandatory for juvenile courts to adopt a child-
friendly approach in the adjudication and disposition of matters.

Section 2(k) of the act defines a "juvenile" or a "child" as a person who has not
completed 18 year of age while 2(l) says a "juvenile in conflict with law" means a juvenile who
is alleged to have committed an offence. Regarding determination of the age of a juvenile, the act
calls for a "due inquiry" by competent authority — usually the juvenile justice board. Rules
under the act lay down that medical opinion on the age of an accused be sought only if he fails to
produce matriculation or an equivalent educational certificate, or a birth certificate in absence of
the former.151

150
(Criminal Writ Petition No. 1107 of 1996 - Bombay High Court)
151
http://www.indianexpress.com/news/juvenile-justice-act-essentially-a-social-welfare-law/
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 Whenever a juvenile is arrested for an alleged offence, he requires to be immediately
produced before the juvenile justice board. The law says that the board, irrespective of the
offence, should release him on bail, with or without any surety. However, the juvenile must be
sent to an observation home or a "place of safety" by a speaking order of the board, explaining
the reasons for not releasing him on bail. During the "inquiry" and not a "trial", such delinquents
are to be housed in the observation home and the "inquiry" has to be completed within four
months.

Certain provisions under the act leave some discretion with the board's magistrate to pass
orders in exceptional cases. Section 15(g), which was brought after an amendment, states that the
board can order putting a juvenile, between the ages of 17 and 18, in a special home for a period
of not less than two years.

Section 16 talks about penalising orders that cannot be passed against juveniles and
imposes an absolute prohibition on a life term or death sentence or even any duration of jail term.
At the same time, the proviso to this section says that if the "board is satisfied that the offence
committed is so serious in nature or that his conduct and behaviour have been such that it would
not be in his interest or in the interest of other juvenile in a special home to send him to such
special home and that none of the other measures provided under this act is suitable or
sufficient", it may seek the assistance of the state government for placing him in an appropriate
institution. On receiving a report from the board, the government may arrange for keeping a
juvenile under protective custody at a place, but not for more than three years or till he turns 18.

Section 44 of the act provides for establishment or recognition of after-care institutions

by the state government for lodging juveniles after their release from observation homes.
However, the period of such stay for a juvenile over 17 but less than 18 has been limited to three
years or till he attains the age of 20 years.

D) POSITION UNDER CONTRACT LAW

Indian Contract Act, 1872

A minor is a person who has not attained the age of majority according to law to which
he is subject. The Indian Majority Act 1875 determines the age of majority for purpose of
contracts.

i) Where a guardian of a minor person or property has been appointed under the Guardians
and Wards Act, 1890; or
ii) Where the superintendence of a minor’s property is assumed by a court of Wards.

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 An amendment to this Act was made by Indian Majority (Amendment) Act, 2000 which
fixed uniform age of majority as 18 years irrespective of the fact whether any guardian has been
appointed but President's assent to the Kid has yet to be obtained.

There may be controversy in determining the age of majority. To deal with this problem the law
provides the following two approaches:

i) In case of contracts relating to ordinary mercantile transactions, the age of majority is to

be determined by the law of place where the contract is made.

ii) In case of contracts relating to land, the age of majority is to be determined by the law of
the place where the land is situated.

Why should minors be protected? A minor has an immature mind and cannot think what
is good or bad for him. Minors are often exploited. So he must be protected by law from any
exploitation. But at the same time, the law must not cause unnecessary hardship to the persons
who deal with minors.

The law treats to reconcile two conflicting positions a minor due to his immaturity arising
out of his age has to be protected against enforcing unconscionable contract, which he has
entered so he should be protected.

Rules Regarding Minor's Agreement

A minor's agreement being void is wholly devoid of all effects. When there is no contract
here should be no contractual obligation on either side.

An agreement with or by minor is void: Section 10 of the Indian Contract Act requires
that the parties to a contract must be competent and Section 11 says that a minor is not a
competent. But either section makes it clear whether the contract entered into by a minor is void
or voidable. Till 1903, court in India it is not unanimous on this point the privy council made it
perfectly clear that a minor is not competent to a contract and that a contract by minor is void ab
initio. The leading case is:

Mohri bibi v. Dharmo Das Ghose 152

152
1903 PC
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 "A minor borrowed Rs. 20000 from B and as a security for the same executed a mortgage
in his favour. He became a major a few months later and filled a suit for the declaration that the
mortgage executed by him during his majority was void and should be cancelled. It was held that
a mortgage by a minor was void and B was not entitled to replacement of money.

No ratification: An agreement with the minor is completely void. A minor cannot ratify
the agreement even on attaining majority, because a void agreement cannot be ratified. A person
who is not competent authorize an act cannot give it validity by ratifying.

But if on becoming major, minor makes a new a new promise for fresh consideration,
then this new promise will be binding.

Minor can be a promise or beneficiary: The earlier decisions have been modified and
the position now is that if a guardian on behalf of a minor, enters into an agreement for the
benefit of minor, it is enforceable. While no liability can be incurred by a minor, he is not
debarred from accepting a benefit. If a minor has advanced mortgage money on a mortgage in
his favour, he can enforce the contract. Held in Raghave Chariar vs. Srinivasa153

If a contract is beneficiary to a minor it can be enforced by him. There is no restriction on

a minor from bring a beneficiary, for example, being a payee or a promisee in a contract. Thus a
minor is capable of purchasing immovable property and he may sue to recover the possession of
the property upon tender of the purchase money. Similarly a minor in whose favour a promissory
note has been executed can enforce it.

No estoppel against a minor: Where a minor by misrepresenting his age has induced the
other party enter into a contract with him, he cannot be made liable on the contract. There can be
no estoppel against a minor. It means he is not estoppel from pleading his infancy in order to
avoid a contract.

Sadiquie Alikhan v. Jai Kishore 154 it was held that a rule of estoppel cannot be applied
against a minor. This does not mean that the minor should be allowed to retain the benefit of his
own fraud. But in India, It has been held that the court can direct the minor to pay back
compensation to other party in such case.

No Specific performance except in certain cases: A minor's contract being absolutely

void, there can be no question of the specific performance of such contract. A guardian of a
minor cannot bind the minor by an agreement for the purchase of immovable property; so the
minor cannot ask for the specific performance of the contract which the guardian had no power
to enter into.

153
1916 PC
154
1928 PC
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But a contract entered into by guardian or manager on minor's behalf can be specifically
enforced if

a) The contract is within the authority of the guardian or manager.

b) It is for the benefit of the minor.155
c)
Liability for torts: A tort is a civil wrong. A minor is liable in tort unless the tort in reality
is a breach of contract. Thus, where a minor borrowed a horse for riding only he was held liable
when the he lent the horse to one of his friends who jumped and killed the horse.

But a minor cannot be made liable for a breach of contract by framing the action on tort.
It cannot convert a contract into a tort to enable you to sue an infant.

No insolvency: A minor cannot be declared insolvent as he is incapable of contracting

debts and dues are payable from the personal properties of minor and he is not personally liable.

E) POSITION UNDER OTHER LAWS

Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA)

Young girls in danger of exploitation are protected under the children Acts as well as
under Suppression of immoral traffic in women and Girls Act, 1956

'Neglected Children', those who live in a brothel or with a prostitute or

associated in any manner, with those who lead an immoral and depraved loft, though
not necessary themselves, indulge in prostitution. Further some of the state Acts provide
punishments for those who include the children to lead an immoral life or who behave
immorally with girls.

Any person who procures, or attempts to procure a girl with or without her consent
for the purpose of prostitution or induces a girl from any place to a brothel or faces, or
attempts to a view to her carrying on or being brought upon prostitution or causes or induces a
girl to carry on prostitution, is punishable on first conviction with rigorous imprisonment
for a term of not less than one year and not more than two years and also a fine which
may extend to Rs.2,000/- subsequent offences are punished more rigorously with
punishment varying from two to five years and with a fine which may extend to Rs.2,000/-.

..

155
Lal Chand v. Narhar, 89 IC 896
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Central Children Act, 1960

The Central and State children Acts provide for protection of victimized children.
Under the Central Children Act, 1960, whoever having the actual change or control over a
child assaults abandons, exposes or willfully neglects the child or causes or procures to be
assaulted abandoned, exposed or neglected in a manner likely to cause such child
unnecessary mental and physical suffering, shall be punishable with imprisonment for a term
which may extend to six months or with fine or both.

Besides, employing or using any child for purposes of begging or causing him to
beg, giving or causing to give any dangerous drug or intoxicating liquor to a child in a
public place and exploiting child employees is also made punishable by all the Acts.
Thus, under the Central Act punishment for employment of children for begging is
imprisonment u p to one year, or fine or both, the penalty forgiving intoxicating liquor, etc
is fine up to RS.200/- and punishment for exploitation of child employees is fine up to
Rs.1000/-

Child Marriage Restraint Act, 1929

Legislative attempt to restrain the child marriage was made as early as 1929 with
the passing of Child Marriage Restraint Act. The Act aimed at eliminating the social evil,
which had the potentialities of severe dangers to life and health of a female child be
subjected to the obligation of married life, which has hardly sufficient to stand the
stresses and strains of early motherhood.

The law of bids the contracting of a marriage between a male under 21 years of
age and a female under 18 years of age and also a marriage to which either of the
contracting parties is a "child" which signifies a male below 21 years and a female
below 18 years of age. Male adults between the age of 18 years and 21 years and above
are to be visited with punishments ranging between 15 days to 3 months and also a fine
if they contract a marriage with a female child.

Another category of persons who can be held liable under the Act is those who
perform conduct or direct the child marriage. Under Section 7 of the Child Marriage
Restraint Act, 1929 the parents are also held criminally liable for performing the marriage
of the "Child". The liability may extend to imprisonment for a period of 3 months and also
fine.

The Young Persons Harmful Publications Act, 1956

The aim of this law is to see that the publication and distribution of such printed
materials be out of the reach of this group of person as may trend to inculcate or
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develop in them rep pulsive or horrible
h proosperities orr may lead them to adoopt a way of o life
underlineed with viollence or cruuelty to com
mmit offencees. A youngg person undder the Actt is a
person who
w is under the age ofo 20 years. The Act subjects
s a person
p distribbuting o r seelling
harmful publication
p ns t o a youung person to t imprisonm ment up to six monthss or fine or with
both.

The young person’s Harmful

T H Pubblications Act,
A 1956 continues and a comprehhends
all such measures anda actions in a widerr amplitude with a vieew to save the intelleectual
health and moraal strengthh of youung personns from the dissem mination of such
informatiion and literature as maay produce harmful ressults, in theiir subsequennt behaviourr and
actions in the society
y.

The Protectiion of Child

T dren from Sexual Offfences Act, 2012 has beeen enactedd; Act
defines a child as an ny person beelow the agee of 18 yearrs and providdes protectioon to all chiildren
under thhe age of 18 years frrom the offfences of sexual s assauult, sexual harassmentt and
pornograaphy. These offences have h been clearly
c definned for the first time ini law. Thee Act
provides for stringen nt punishmeents, which have
h been graded
g as peer the gravityy of the offfence.
The puniishments ran nge from sim mple to rigorrous imprisoonment of varying perioods. There iss also
provisionn for fine, whhich is to be decided by the Court.

Informaation Techno
ology Act, 2000
2
Child pornog
C graphy in Inndia is illegaal. In Februaary 2009, thhe Parliamennt of India paassed
the Inform
mation Techhnology Billl," banning thet creation and transm mission of chhild pornograaphy.
The bill enables
e India's law enforcement ageencies to takee strict actioon against thoose seeking child
pornograaphy. For exxample, browwsing for chhild pornograaphy on the Internet cann lead to a 5 year
term of im
mprisonmen nt and a 1 lakh
l fine.

Inn India, porn

nography is illegal.
i Howwever, enforccement is exttremely lax and
a pornograaphic
materialss are easilly availablee in public places. Soft-core and a hardcoore pornogrraphy
movies/pphotos are easily accesssible throughh magaziness, films, or Internet.
I Thhe law statess that
possessinng and watcching pornographic matterials is leggal, but prooduction andd distributionn are
prohibiteed. Pornograaphic films in India are referred
r to as
a Blue Film ms and are available
a virttually
anywheree; especially y in areas whhere pirated material is already
a beinng sold. Desppite the illeggality,
stores sellling X-rated
d material arre abundant in major citties and adveertise openlyy; laws are rarely
r
enforced in this case. However, in i 2010, Bom mbay High Court
C ruled that
t watchinng pornograpphy is
legal. Seection 67 of o the "Innformation Technology
T Act" dealss with "pubblishing obsscene
informatiion in electtronic form"". This law has been innterpreted too criminalizze the postinng of
pornograaphic contentt online. How wever, accesssing "obsceene" content privately is not illegal.

***
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