A F T

DR

Introduction to children’s
rights and protection laws
Module
1

Introduction to children’s rights and protection laws A

 Contents

Abbreviations 2

Introduction to Children’s Rights and Protection Laws 3

Session 1: Concepts of Child Rights and Need for Separate Child Rights 4

Session 1.1: Child Rights: Principles and Shift in Approach 9

Session 2: Child Protection 11

Session 3: Legal Framework for Protection of Children 15

Session 4: Child Protection Services Scheme for the Well-being of

Children (erstwhile ICPS) under MWCD 30

Annexure 1: Picture Cards to Understand Child Rights 34

Annexure 2: The Balloon Activity 36

Annexure 3: Individual Care Plan 39

Annexure 4: ICPS beneficiaries in year 2017-18 43

Introduction to children’s rights and protection laws 1

Abbreviations

CARA Central Adoption Resource Agency

CCIs Child Care Institutions
CCL Child in Conflict with Law
CIF Childline India Foundation
CJM Chief Judicial Magistrate
CMM Chief Metropolitan Magistrate
CNCP Child in Need of Care and Protection
CPS Child Protection Services
CPSU Central Project Support Unit
CSOs Civil Society Organisations
CWC Child Welfare Committee
DCPC District Child Protection Committee
DCPU District Child Protection Unit
DM District Magistrate
GoI Government of India
JJA Juvenile Justice Act
JJB Juvenile Justice Board
MIS Management Information System
MWCD Ministry of Woman & Child Development
NCPCR National Commission for Protection of Child Rights
NIPCCD National Institute of Public Cooperation and Child Development
POCSO Protection of Children from Sexual Offences Act
RTE Right to Education Act
SAA Specialised Adoption Agency
SAAC State Adoption Advisory Committee
SARA State Adoption Resource Agency
SCPC State Child Protection Committee
SCPCR State Commissions for Protection of Child Rights
SCPS State Child Protection Society
SIR Social Investigation Report
SJPU Special Juvenile Police Units
SOPs Standard Operating Procedures
SPSU State Project Support Unit
UNCRC United Nations Convention for the Rights of the Child

2 Introduction to children’s rights and protection laws

 Module
1

Time
5 Hours

Introduction to Children’s Rights and Protection Laws

Introduction to module
This module is an introduction to the
concept and issues of child rights
and child protection. It discusses
the legislative provisions and child
protection structures that are in place
to ensure safety and protection of
children in India.

The module deals with understanding

who is a child, the concepts of child rights and why do children need protection.
When we are talking about child, let’s understand who is a ‘child’.

The United Nations Convention for the Rights of the Child (UNCRC); (Article 1)
defines a ‘child’ as a person below the age of 18.

The Juvenile Justice (CARE AND PROTECTION OF CHILDREN) ACT, 2015

[Section 2 (12)], prescribes that a 'child' means a person who has not completed
18 years of age.

Module Objectives
By the end of the module, participants will be able to describe:
w Child rights and why do children need separate rights
w What is child protection and who are the children in need of
protection
w Who is responsible for the protection of children
w Non-negotiable entitlements that every child should have
w Legal measures and systems for protection of children in India
w Delivery structures of child protection scheme

Introduction to children’s rights and protection laws 3

Session 1

Concepts of Child Rights and Need for

Time
Separate Child Rights 60 Minutes

Step 1

Objectives
At the end of the session, the participants will be able to describe:
w What are child rights?
w The approach of the child rights
w Why do children need separate rights?

Process
Step A: Ask the participants that having known what is the meaning of the word
‘child’, it is also important to know what is meant by the term ‘rights’.

Listen to their responses and discuss on the basis of the following points:
w ‘Right’ is a claim, which places obligations over others to respect, to protect or to
fulfill.
w What we claim for ourselves, others also have a right to claim for themselves and
everyone has corresponding obligations.
w Respecting a right means an obligation not to do anything that can result in the
violation, deprivation or curtailment of someone’s human rights.

Step B: Ask the participants what they understand by ‘child rights’. Listen to their
responses. Invite them to carry out the below activity.

Note for the facilitator: The activity will take about 30 minutes. The
facilitator may want to carry it out or skip it based on time available. If
required, the facilitator can also ask participants to describe what all a
child needs to live, grow and thrive. Categorise these under the four
pillars as per UNCRC. Also when participants describe and during the
points brought out by them, if any one of these four pillars is not clearly
brought out or not mentioned, that can be discussed further by the
facilitator.

4 Introduction to children’s rights and protection laws

Step 2: Activity: Understanding Child Rights through the Wants,
Needs and Rights exercise
Aim:
To make participants aware of the differences between rights, wants and needs

Materials required:
Wants and Needs Card sheets (4-6 sets) see Annexure 1, flipchart, marker pens.

Method:
Divide all the participants into four groups and ask them to assume that they have
become children again. Give them half a minute to get into the role.

Give each group a set of card sheets with various wants and needs. These sheets
contain 20 wants and needs. In addition, there are four blank boxes. Ask the groups
to add four more wants and needs that they think they desire as children. Once all
the groups have done this, tell them that the country is going through economic
crisis and therefore they have to curtail their list from 24 to 16. Give them five
minutes to bring the number down to 16 as they would need to discuss amongst
group members and decide. Ask them to write them on a sheet of paper. Tell them
that this list of 16 has to have consensus of all group members.

Now tell them that the country is experiencing civil war and therefore they need
to further reduce their list to 12 so that the government can make several cuts in
expenses. Give them three more minutes for this task.

Next, ask the participants to further reduce their list to eight as the country is dealing
with economic crisis and civil war as well as floods resulting in an emergency
situation.

Ask groups to explain to the larger group as to how they came up with consensus
to shorten the list. Ask all the groups to display their list of eight items. Highlight the
common ones from all the groups.

Explanation: Help the participants understand that what they eliminated in the first
round were things which were least important. In the second round, they may have
eliminated some important things but perhaps some of them were not as important
for all the children in the country. Finally, what they got was the list of the most
important wants and needs, by and large common to all the children, which they felt
were non-negotiable even in an emergency situation.

Introduction to children’s rights and protection laws 5

 Conclude as follows:

Every child has

Different people
rights. No matter which
have different wants
region/state they are from, which
and needs, but rights are
community or religion they belong to,
the basic needs that are
how old they are, whether they are a
common to all.
boy or a girl, disabled or not - all
have same rights.
All wants are
not needs. But some
certainly are e.g. essentials Things that are
for survival, such as food, WANTS but not NEEDS
Governments are healthcare, shelter. are the ones that are desirable
the duty bearers of but not necessary for survival
rights of children. They such as toys, fast food or
have an obligation to gadgets.
Rights are
fulfill them. legal entitlements
recognized by Rights are non-
governments. negotiable in any
situation whatsoever. The key
aspect of rights is that they are
Where families are unable
indivisible. One right cannot be at the
to meet their obligations
exclusion of another and all rights are
towards their children, governments
equally important. One cannot say that
have to ultimately step in to protect
if a child has the right to survive
and ensure children their basic
then the right to protection is
human rights.
not important.

Step 3
Step C: Now ask the groups if the eight most important and non-negotiable
wants and needs (rather rights) can be clubbed together under four main groups
on the basis of the purpose they meet e.g. nutritious food, healthcare and decent
shelter is necessary for survival. Similarly, playground and education are necessary
for development. Help the participants categorise the eight rights under the
following heads:

Survival Development Protection Participation

6 Introduction to children’s rights and protection laws

 Such categorisation will explain that sometimes it is difficult to club a particular right
under any one category as it may fulfill more than one purpose. For example, decent
shelter may be clubbed under survival as well as protection, because homeless
children are very vulnerable to exploitation and abuse, inadequate housing not only
exposes children to disease but also to exploitation and abuse.

Definition of Child Rights

w UNCRC defines child rights as the minimum entitlements and freedoms that
should be afforded to every citizen below the age of 18 regardless of race,
national origin, colour, gender, language, religion, opinions, origin, wealth, birth
status or ability and therefore apply to all people everywhere.
w These rights encompass freedom of children and their civil rights, family
environment, necessary healthcare and welfare, education, leisure and cultural
activities and special protection measures.

All children have these rights and they are all equally important, as well as connected
to each other.

Types of Child Rights

The UNCRC classifies children’s rights into four broad categories that suitably cover all
civil, political, social, economic and cultural rights of every child:

w Right to survival/life: Include the child’s right to life and the needs that
are most basic to existence, such as nutrition, shelter, an adequate living
standard, and access to medical services.

w Right to development: Every child has the right to development that lets
the child explore her/his full potential. It includes the right to education, play,
leisure, cultural activities, access to information, and freedom of thought,
conscience and religion.

w Right to protection: Children have the right to be protected from

being hurt and mistreated, physically or mentally. It ensures children
are safeguarded against all forms of abuse, neglect and exploitation,
including special care for refugee children; safeguards for children in
the criminal justice system; protection for children in employment;
protection and rehabilitation for children who have suffered exploitation
or abuse of any kind.

w Right to participation: Encompasses children’s freedom to

express opinions, to have a say in matters affecting their own
lives, to join associations and to assemble peacefully according
to their age and maturity. This means that children have the right
to participate in the activities of their society, in preparation for
responsible adulthood.

Introduction to children’s rights and protection laws 7

 Brain storm with the participants on why the children need separate rights.
Encourage them to share their views and summarise them as below.

Step 4: Why do children need separate rights?

Children as an agency need separate rights which may be different from the needs
of adults because:
w Children are vulnerable and they are the least powerful
section of society, economically, politically as well as
physically.
w Gender and caste based discrimination make the girl
children all the more vulnerable when they are not given
proper food, not educated, married early and denied
many other social rights as compared to boys of the same
categories.
w Children cannot carry their voice to policy makers and
legislators as they cannot vote and therefore make it even
more incumbent on adults to carry their voice.
w Children are often abused in different societies and this includes beating at
home and at school, trafficking, kidnapping, drug pushing, forced prostitution,
being forced to beg and sexual violence.
w Children are often not regarded as full human
beings. Girl children are often discriminated
with less education, less nutritious diet, less
healthcare than the male child. They are also
subject to more social taboos and restrictions,
which makes them more susceptible to rights
violations.
w Children need special protection as they are
vulnerable to child labour, early marriage, sexual
abuse, being deprived of family care, being
in conflict situations or natural disasters. In
all cases, children tend to bear the brunt and therefore special measures are
needed to safeguard their rights.
w Children do not get to participate: Children’s views and feelings about matters
that affect them are seldom given serious consideration.

Note for the facilitator:

If time permits, carry out the activity given at the end of the session,
Otherwise continue as below. Refer to the balloon activity (20
minutes) in Annexure 2.

8 Introduction to children’s rights and protection laws

Session 1.1

Child Rights: Principles and Shift in Approach

Objectives:
At the end of the session, participants will be able to describe:
w Recognitions made by UNCRC
w Principles of child rights
w Violations of the right to protection
w Shift in approach from need based to rights based

The UNCRC recognised the human rights of children and defined children as
persons up to the age of 18 years. The convention establishes that state parties
must ensure that all children, without discrimination in any form:
w Benefit from special protection measures and assistance
w Have access to services such as education and healthcare
w Can develop their personalities, abilities and talents to the fullest potential
w Grow up in an environment of love, happiness and understanding
w Are informed about and participate in achieving their rights in an accessible
manner

Step 1: Discuss with participants on what are the possible principles of child rights.
Encourage them to participate enthusiastically and summarise as below.

UNCRC Principles of child rights and human rights

Non-negotiable entitlements

Universality y
and non-dis isibilit
crimination Indiv

Survival an
d developm the child
e nt
a n d b e s t interest of
n
Participatio

Introduction to children’s rights and protection laws 9

 Step 2: Discuss with participants that the approach to child rights has shifted from
‘need based’ to ‘rights based’. Show the participants the table as below.

Shift from Needs based to Rights based approach

w Welfare w Development and empowerment

w Some have to be left out w All have same rights
w Institutional and residential care w Non-institutional and family based alternatives
w Custodial care in institutions w Holistic development through quality child care
w Segregation and isolation institutions

w Beneficiary and recipient w Inclusion and mainstreaming

w Clear obligation w Participant and partner (his/her own

development and decisions)
w Active participation
w No one has definite obligations
w Focus is on the specific
immediate situation w Analysis of root cause

w Certain groups have expertise to w All adults can play a role in achieving children’s
meet chidren’s needs rights

Step 2 Part A: Ask the participants to share their opinion on how child rights are
violated. Listen to their responses and divide them into further groups. Each group
can discuss and present in a chart ‘what mechanisms exist to prevent and respond
to the respective issues.’

Violations of the right to protection

Child sexual abuse Child labour, bonded, on the street

Orphaned, abandoned Child marriage - cycle of deprivation

Corporal punishment, violence Trafficking, child beggary

Children/families affected by HIV/AIDS, disasters

10 Introduction to children’s rights and protection laws

Session 2:
Time:
Child Protection 60 Minutes

Objectives:
At the end of the session, the participants will be able to describe:
w What is child protection?
w Who are the children in need of protection?

Step 1: Ask the participants what they understand by child protection. Listen to
their responses and discuss as below.

UNICEF uses the term ‘child protection’ to refer to preventing and responding to
violence, exploitation and abuse against children – including commercial sexual
exploitation, trafficking, child labour and harmful traditional practices such as female
genital mutilation/cutting and child marriage.

UNICEF’s child protection programmes also target children who are uniquely
vulnerable to these abuses, such as: when living without parental care, in conflict
with the law and in armed conflict.

Violations of the child’s right to protection take place in every country and are
massive, under-recognised and under-reported barriers to child survival and
development, in addition to being human rights violations. Children subjected
to violence, exploitation, abuse and neglect are at risk of death, poor physical
and mental health, HIV/AIDS infection, educational problems, displacement,
homelessness, vagrancy and poor parenting skills later in life

Explain that the definition is a holistic approach to child protection and consists of
four major points. Write the definition up on a flipchart and underline the points or
you can read the definition and go back and point out on your fingers the four major
points as listed below:

r
1. Identifying risks fo 2. Making children‘s rights
children. What are a reality by responding
things that are often and preventing their
missed for reducing violation
risks

ling
3. Restoring hope and 4. Creating an enab
a dignified living environment

Introduction to children’s rights and protection laws 11

 Step 2: Ask the participants who are the children in need of protection?

Listen to their responses and add points which got missed from their end. Also
explain in the discussion why certain responses by the participants cannot be
included in this list if they do not fall under the broader category of child protection.

Note for the facilitator: If time permits, read out the case studies below
and ask the participants whether the children in the case studies need
protection.

Caselets for group work and discussion

Caselet 1. Narayan and Naina live in a village with their nine year old son Rajesh
who is differently abled. The couple thinks that their son should not go out and play
with other children as he may get hurt. Their neighbours think that Rajesh should
not play with their children as he may bring bad luck to them. Does Rajesh need
help?

Caselet 2. Suresh and Sapna are both HIV positive. They have a daughter named
Roshni. She is seven years old and goes to school. Children at the school have
starting mocking at her and teachers also make her sit on the last bench. Does
Roshni need protection?

Caselet 3. Nandlal and Sunita live in a small village that has a primary school. Their
daughter Pooja has completed class five. But the middle school is 3 kms away
in another village. Her parents do not want to send her there and want her to
discontinue studies. Pooja’s father is now considering sending her to the nearby
town with a family member who works there and has assured to find a good home
for working there. However, Pooja’s mother thinks it is not safe for her daughter as
she has reached puberty and asks her husband to consider having her married.

Note for the facilitator: The facilitator should guide the participants for
possibility of looking at the provisions of the Act and understand how
child in need of care and protection are defined.

12 Introduction to children’s rights and protection laws

The JJ Act and the ICPS considers following two categories of
children as vulnerable and in need of protection. (Facilitator can use
the given link to show video on CCL and CNCP description)) http://
haqcrc.org/our-work/training/

w “Child in conflict with law” (CCL) (Section 13) - A

child who is alleged or found to have committed an
offence and who has not completed
18 years of age on the date of commission of such
offence
w “Child in need of care and protection” (CNCP)
(Section14) – A child
(i) 
who is found without any home or any
ostensible means of subsistence
(ii) 
who is found working in contravention of labour
laws, is found begging, or living on the street
 ho resides with a person (whether a guardian of the child
(iii) w
or not) and such a person has injured, exploited, abused or
neglected the child, has threatened to kill or has killed the
child.
(iv) who is mentally ill or mentally or physically
challenged
(v) who has unfit or incapacitated parent or guardian
(vi) who does not have parents or a caregiver
(vii) who is missing or run away child
(viii) who has been or is being or is likely to be sexually
abused, tortured or exploited
(ix) who is found vulnerable and is likely to be inducted
into drug abuse or trafficking
(x) who is being or is likely to be abused for
unconscionable gains
(xi) who is victim of or affected by any armed conflict, civil
unrest or natural calamity
(xii) who is at imminent risk of marriage before attaining the age
of marriage

Introduction to children’s rights and protection laws 13

 Children in need of Care and Protection (CNCP)

Homeless/Living
on streets

Children Missing Children

engaged in
begging

Children whose
Victims of life is at risk
trafficking Malnourished
children

Victims of sexual
Children engaged in
abuse
substance abuse

Orphaned and Victims of natural

abandoned children calamities

Victims of child marrage

Mentally unstable
children
Those who Disabled
cannot be children
looked after by
parents

HIV/Leprosy affected
Victims of child
labour
Victims of
discrimination

14 Introduction to children’s rights and protection laws

Session 3:
Legal Framework for Protection of Children
Time:
90 Minutes

Objectives:
At the end of the session, the participants will be able to describe what
are the fundamental rights and directive principles of protecting child
rights in the constitution of India.

Section 3.1: International Convention

w The UNCRC that came into force on September 2, 1990 is a comprehensive
international child rights law. It incorporates the full range of human rights –
civil, cultural, economic, political and social rights. These rights are spelt out in
54 articles.
w India ratified the UNCRC on 11 December 1992. Agreeing in principle to all
articles and committed to protecting and ensuring children’s rights enshrined in
it, except with certain reservations on issues relating to child labour.

Step 1: Discuss with participants about various fundamental rights and directive
principles to protect children as per constitution of India.

The Constitution of India lays down its commitment to protect children in the
fundamental rights and directive principles. It enjoin upon the state to ensure that
these rights are protected.

Fundamental Rights related to children

w Article 15 (3) – State should make special provisions for children
w Article 21 A – Provides for free and compulsory education to all children of the
age 6-14 years
w Article 23 – Prohibits trafficking of human beings including children
w Article 24 – Directs that no child below 14 years of age can engage in
hazardous occupation

Directive Principles related to children

w Article 39 (e) & (f) require that the state policies are directed towards securing
the tender age of children
w Article 45 requires provision of early childhood care and education to all
children below six years
w Article 51 A states that it is the fundamental duty of parents/guardians to
provide opportunities of education to their child or ward aged 6-14 years

Introduction to children’s rights and protection laws 15

 Other National Policies
The National Charter for Children, 2003 adopted on 9th February
2004, underlined the intent to secure for every child the inherent right
to be a child and enjoy a healthy and happy childhood; to address
the root causes that negate the healthy growth and development
of children; and to awaken the conscience of the community in the
wider societal context to protect children from all forms of abuse,
while strengthening the family, society and the nation.

The National Policy for Children 2013 was adopted by the

Government of India (GoI) on 26th April 2013. It adopts a
rights-based approach to address the continuing and emerging
challenges in the situation of children. It adheres to the
constitutional mandate and guiding principles of UNCRC and
identifies rights of children under four key priority areas, namely,
Survival, Health and Nutrition, Education and Development,
Protection and Participation.

The National Plan of Action for Children 2016 provides a roadmap that links the
policy objectives to actionable strategies under the four key priority areas of Survival,
Health and Nutrition, Education and Development, Protection and Participation. It
aims at establishing effective coordination and convergence among all stakeholders,
including Ministries and Departments of GoI and civil society organisations to
address key issues pertaining to rights of children.

Section 3.2: Child Protection Laws in India

Objectives
At the end of the session, participants will be able to describe what is:
w The Juvenile Justice (Care and Protection of Children) Act, 2015
w Other child protection laws and their features

Step 1: Ask the participants to share what they know about the Juvenile Justice Act,
2015. Discuss when it came into being and when it was amended. Appreciate the
participants giving correct answers and add the left out information from the following:

The Juvenile Justice (Care and Protection of Children) Act, 2015

Introduction
The Juvenile Justice Act, 2000 was in operation for more than a decade. Though it
was amended twice in 2006 and 2011many issues arose constraining its effective
implementation. Juvenile Justice (Care and Protection of Children) Bill 2015 was
passed by Parliament on 22nd December 2015. The Act came into force from 15th
January 2016.

16 Introduction to children’s rights and protection laws

Objectives of Juvenile Justice (Care and Protection of Children)
Act, 2015
w To achieve objectives of UNCRC, Beijing Rules and other related international
instruments
w To provide proper care, protection, development, treatment, social reintegration
of CCL and CNCP
w Specify procedural safeguards for children in conflict with law
w To address challenges in the existing act

Highlights of JJ Act, 2015

w Number of chapters increased from five to ten
w New chapters relate to general principles of care and protection of children,
Juvenile Justice Board (JJB), Child Welfare Committee (CWC), adoption, other
offences against children
w Number of sections increased from 70 to 112
w Greater clarity in the definition of CCI and Children’s Court
w Act has been divided into two major parts - CCL and CNCP

Key Elements of 2015 Act:

w Change in nomenclature from Juvenile to Child across the act
w Categorisation of offences as petty, serious and heinous
w Timelines for inquiry by JJB
w Special provisions for children above the age of 16 years alleged to have
committed a heinous offence
w Mandatory registration of all child care institutions and stringent penalty in case
of non-compliance
w Separate new chapter on adoption to streamline adoption procedures for
orphans, abandoned and surrendered children
w Mandatory reporting and penalty in case of non-reporting of child who appears
or claims to be abandoned, lost, orphaned or without family support
w Several new offences against children included which are so far not adequately
covered under any other law such as sale and procurement of children for any
purpose including illegal adoption
w Corporal punishment in institutions
w Use of child by militants and other adult groups
w Offences against disabled children
w Kidnapping and abduction
w Using a child for vending, peddlling, carrying, supplying or smuggling intoxicating
liquor, narcotic drugs or psychotropic substance

Introduction to children’s rights and protection laws 17

 Step 2: Key Elements of 2015 Act related to Children in Conflict with
Law
w Juvenile in conflict with law has been replaced with “child in conflict with law’
w No child can be sentenced to death or life imprisonment
w Offences have been categorised as:
l Petty offences l Serious offences l Heinous offences

w Children in the age group of 16-18 years may be tried as ‘adults’ in cases of
heinous offences after preliminary assessment by JJB
w A preliminiary assessment to be conducted by the JJB within a period of three
months to assess the capacity of such child to commit and understand the
consequence of the alleged offence
w In case the Board is satisfied that the matter should be disposed of by the Board,
then the Board shall follow the procedure, as far as may be, for trial in summons
case under the Code of Criminal Procedure, 1973
w When the Board after preliminary assessment comes to the conclusion that there
is a need for trial of the said child as an adult, then the Board may order transfer
of the trial of the case to the Children’s Court having jurisdiction to try such
offences.
w Based on the preliminary assessment report from the Probation Officer, the
Board shall take a decision whether to commute the inquiry to the Children’s
Court or continue to deal with it.
w After preliminary assessment by the Board, the court will decide whether
the child is to be tried as adult as per the provisions of the Code of Criminal
Procedure, 1973 and pass appropriate orders or conduct inquiry as a Board and
pass appropriate orders in accordance with the provisions of section 18 of the JJ
Act
w The Children’s Court shall ensure that the final order, with regard to CCL, shall
include an individual care plan for the rehabilitation of the child
w The Children’s Court shall ensure that the child who is found to be in conflict with
law is sent to a place of safety till he attains the age of 21 years and thereafter,
the person shall be transferred to a jail

18 Introduction to children’s rights and protection laws

 Step 3: JJ Act, 2015: General principles1 for care and protection of children
The JJ Act lays down following general principles for the
administration of its provisions.
(i) Presumption of innocence: A child shall be presumed
innocent of criminal intent up to 18 years.
(ii) Principle of dignity and worth: All human beings shall be
treated with equal dignity and rights.
(iii) Principle of participation: Every child shall have a right to be heard and to participate in
all processes and decisions affecting his interest.
(iv) Principle of best interest: All decisions shall have the primary consideration that they
are in the best interest of the child.
(v) Principle of family responsibility: The primary responsibility of care, nurture and
protection of the child shall be that of the biological family or adoptive or foster parents.
(vi) Principle of safety: All measures shall be taken to ensure that the child is safe and is
not subjected to any harm, abuse or maltreatment while in contact with the care and
protection system.
(vii) Positive measures: All resources are to be mobilized including those of family and
community, for promoting the well-being, facilitating development of identity and
providing an inclusive and enabling environment, to reduce vulnerabilities of children
and the need for intervention under this Act.
(viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be
used in the process pertaining to a child.
(ix) Non-waiver of rights: No waiver of any of the rights of the child is permissible or valid.
(x) Equality and non-discrimination: No discrimination against a child on any grounds.
(xi) Right to privacy and confidentiality: Every child shall have a right to protection of his
privacy and confidentiality throughout the judicial process.
(xii) Institutionalisation as a measure of last resort: A child shall be placed in institutional
care as a step of last resort after making a reasonable inquiry.
(xiii) Repatriation and restoration: Every child in the juvenile justice system shall have the
right to be re-united with his family unless such restoration and repatriation is not in his
best interest.
(xiv) Fresh start: All past records of any child under the
Juvenile Justice system should be erased except in
special circumstances.
(xv) Diversion: Measures for dealing with children in conflict
with law without resorting to judicial proceedings shall be
promoted unless it is in the best interest of the child or
the society as a whole.
(xvi) Natural justice: Basic procedural standards of fairness
shall be adhered to, including the right to a fair hearing,
rule against bias and the right to review.

2
http://legislative.gov.in/sites/default/files/A2016-2_0.pdf

Introduction to children’s rights and protection laws 19

 Step 4: Flow Chart on Child in Conflict with Law- CCL

Offence committed by a Child

Police apprehend Child in Conflict with Law (CCL) and place CCL in charge of SJPU/CWPO-s10

Released by Sent to Observation Home till Produced before a Single Member [s 7(s)]/Board [s 10(1)]
Police – s 12(1) Production before JJB – 12(2) within 24 hrs of apprehension

Released by JJB Observation Place of Safety [Pending Inquiry]

– s 12(1) Home – s 12(1) ◆ CCL above 18 yrs – s 6(2)
◆ Any CCL not released on Bail – s 12(3)
Releases under 16-18 yr old CCL accused for heinous
◆ 
Supervision of PO/Fit offences – s 49(1)
Person – s 12(1) Person whose claim for juvenility is
◆ 
pending before any court and requires
Bail – s 12(1)
protective custody – s 9(4)

Reasons for Denial of Bail – s 12(1) Inquiry is to be completed in 4 months

(provision): Release is likely to bring from date of first production (Max 6
CCL in association with known criminal, months with reasons in writing – s 14 (2)
expose the child to moral, physical or
psychological danger; defeat the ends of
justice (reasons for denying in writing)
Age inquiry [within 15 days in case
of medical test] - s 94

Social investigation Report by PO

within 15 days from date of first
production - s (8)(e)/2 weeks from
receiving information from Police
about apprehension of CCL - s
13(1)(ii)

Preliminary Assessment by Board

in 3 months from date of first
production (Heinous Offences by
CCL aged 19-18 yrs) - s 14(3) and
s 15(1)

Transfer to Children's Continue Inquiry in Disposal - as

Court - s 18(3) JJB - s 15(2) per s 17 and 18

20 Introduction to children’s rights and protection laws

 Inquiry by JJB

Petty- Serious - Heinous -

s 2(45) s 2 (54) s 2 (33)

Maximum Imprisonment Imprisonment between Minimum Mandatory

up to 3 years 3 to 7 years Imprisonment for 7 years
or more

Below 16 years Above 16 years

Physical
Inquiry is to be completed in Capacity
Preliminary Assessment
4 months from date of first
within 3 months from date
production (Max 6 months
of first production - Mental
with reasons in writing) -
s 14 (3) and 15 Capacity
s 14(2)

Continue Pass Order Ability to

Inquiry - s to treat CCL understand
15(2) as adult + consequences
Petty Offence: If in case Extension for completion of of the offence
Transfer to
inquiry is not completed in Inquiry may be granted with
Children's
6 months, proceedings will written permission from the
Court - s 18(3) Circumstances
stand terminated - 14 (4) CJM/CMM - s 14(4)
of offence

Trial by Children's Court

Examine the Preliminary Assessment received from JJB

to decide on how to proceed further - s 19(1)

CCL to be tried as a child CCL to be tried as an adult

[procedure of Inquiry [Trial and order under CrPC] -
prescribe for JJB] - s 19(1)(ii) s 19(1)(ii)

No time prescribed for

Inquiry is to be completed in Extension for completion of
completion of Trial
4 months from date of first Inquiry may be granted with
production (Max 6 months with written permission from the
reasons in writing) - s 14(2) CJM/CMM - s 14(4) Must contain
Disposition/Final Order: individual Care Plan
Sentence as for adults - s
◆  - s 19(2)
◆ No Death Sentence
19(1)(i)
No Sentence of Life
◆ 
Order CCL to be sent to place
◆ 
Imprisonment without possibility Annual Follow-up
of Safety till he attains the
of release - s by PO/DCPU/Social
age of 21 years - s 19(3)
Worker to evaluate
progress - s 19(2) and
Release CCL on conditions,
19(4)
including monitoring - s 20(2)(i) Evaluate CCL's reformation
on attaining the age of
Order completion of remainder 21 years - s 20(1)
term in Jail - s 20(2)(ii)

Introduction to children’s rights and protection laws 21

 Step 5: Children in Need of Care and Protection (CNCP)
w Child to be produced before CWC within 24 hours
w Mandatory reporting of child found separated from guardian
w Non reporting will be considered as punishable offence
w CWC shall meet at least 20 days in a month
w District Magistrate (DM) shall conduct a quarterly review of functioning of CWC

Inquiry by CWC
Inquiry to be initiated on... Purpose of Inquiry

Production of a child s 31 Declaring a child as a CNCP

& 36(1) - s 37(1)

Receipt of report about a declaring fit persons - s

child s 31(2) & 36(1) 30(iv)

its own, taking cognizance inquiry for execution of

of a case s 36(1) surrender deed - s 35(2)

to declare legally free for

adoption - s 30(xi)

care, protection, appropriate

rehabilitation & restoration

safety and well being of

children - s 30(ii)

on complaint of abuse in CCI

- s 30(xvi)
Pending Inquiry
Send to SAA if - s 36(1)
◆ child below 6 yrs, and
orphan/surrendered/
◆  Remove the child from
◆ 
appearing to be abandoned the CCI & transfer to
SIR within 15 days another CCI
Send to - Children's home/ by SW/CWO/CWPO Give necessary directions
◆ 
Fit Facility/Fit person if child - s 36(2) to Police/DCPU/Labour
above 6 yrs - s 36(1) Dept/Childline

Time for Completion of Inquity

Abandoned Child Surrendered Child Other CNCP

2 months for child < 2 years 2 months from 4 months from date of
4 months for child > years date of production production
(from date of production) (reconsideration period)

22 Introduction to children’s rights and protection laws

Step 6: Institutional Care
w Mandatory registration of Child Care Institutions (CCIs) within six months from
the date of commencement of the Act. Failure of compliance will be considered
as punishable offence.
w Application of registration to be disposed within six months (otherwise it will be
regarded as dereliction of duty and will invoke departmental proceedings).

Institutional Care for CCL

w At the Observation Home for temporary reception of CCL during pendency of
inquiry, the child will be segregated according to age, gender, physical and mental
status and in a few cases it would also be based on the degree of offence.
w Child who has been found to have committed an offence by JJB will be placed in
Special Home
w Place of Safety will be set up for children above the age of 18 years or children of
the age group of 16-18 years who are convicted for committing a heinous offence
w Place of Safety will have separate arrangement and facilities for children during
pendency of inquiry/trial and for rehabilitation after a child is convicted
w JJB will conduct regular inspection of jails meant for adults to check if any child is
lodged in such jails and take immediate measures for transfer of such a child to
the observation home(s)

Institutional Care for CNCP

w Open shelter for children in need of community support, on short term basis for
protecting them from abuse or keeping them away from life on the streets
w CWC could recognise a facility to be a fit facility to temporarily take the
responsibility of a child, after due inquiry regarding the suitability of the facility
and the organisation to take care of the child.
w Special adoption agency for rehabilitation of orphaned, abandoned or surrendered
children.

Rehabilitation and Social Re-integration

w Rehabilitation and social integration of children
shall be undertaken, based on the individual care
plan of the child, preferably through family based
care such as by restoration to family or guardian
with or without supervision or sponsorship, or
adoption or foster care plan
w For CCL the process of rehabilitation and
social integration shall be undertaken in the
observation homes, if the child is not released
on bail or in special homes or place of safety or
fit facility or with a fit person, if placed there by the order of the Board

Introduction to children’s rights and protection laws 23

 w CNCP who are not placed in families for any reason may be placed in an
institution registered for such children under this Act or with a fit person or a fit
facility, on a temporary or long-term basis, and the process of rehabilitation and
social integration shall be undertaken wherever the child is so placed.
w CNCP who are leaving institutional care or children in conflict with law leaving
special homes or place of safety on attaining 18 years of age, may be provided
financial support as specified in section 46, to help them to re-integrate in
mainstream society.

Other Salient Provisions

1. The Central Adoption Resource Authority will frame rules and regulations for
adoption of orphaned children. Inter-country adoption is allowed when no Indian
adoptive parents are available within 30 days of child being declared free for
adoption.
2. Adoptive parents should be financially and physically sound. A single or divorced
person may adopt a child. A single male may not adopt a girl child. Disabled
children will be given priority for adoption.
3. CNCP can be allowed to be placed in foster care based on the orders of the CWC
and selection of the foster family.
4. Buying and selling of a child attracts imprisonment up to five years. Giving an
intoxicating or narcotic substance to a child attracts imprisonment up to seven
years.
5. Establishment of facilities such as children’s homes, observation homes, special
homes etc. is mandatory for state governments.
6. Compulsory registration of all CCIs/residential facilities for CNCP and penalty for
non-registration.
7. Institutions for child care must be registered. Corporal punishment of children in
child care institutions is also punishable.
8. Individual care plan mandatory both in case of CCL and CNCP.
9. Non-disclosure of identity of juvenile offenders by media.

Step 7: Punishment for Offences against Children

w Punishment for cruelty to children has been
enhanced from six months to three years
w Selling or buying of children will be punishable
offence with maximum imprisonment of five
years
w Corporal punishment within CCI will
henceforth be punishable offence
w Adoption without prescribed procedures shall
be punishable with imprisonment for three
years, or fine of one lakh rupees or with both

24 Introduction to children’s rights and protection laws

Other Child Protection Laws and Key Features
w The Protection of Children from Sexual Offences
Act, 2012 – An Act to protect children from
offences of sexual assault, sexual harassment and
pornography and provide for establishment of special
courts for trial of such offences and for matters
connected with it.
Where
l  the Special Juvenile Police Units
(SJPU) or police is satisfied that an offence has
been committed against a child, it shall make
arrangements to give him/her care and protection
(admit the child into shelter home or to the nearest hospital).
The
l  SJPU or police shall within a period of 24 hours, report the matter to the
CWC and the Special Court or where no Special Court has been designated,
to the Court of Session.
The
l  statement of the child shall be recorded at the residence of the child or
the place of his/her choice by a woman police officer not below the rank of
sub-inspector.
The
l  police officer while recording the statement shall not be in uniform.
The
l  police officer making the investigation shall ensure that at no point of
time the child comes in contact with the accused.
No
l  child shall be detained in police station in the night for any reason.
The
l  police officer shall ensure that the identity of the child is protected from
the public.
The
l  medical examination shall be conducted in the presence of the parent of
the child or any other person in whom the child reposes trust or confidence.
In
l  case the victim is a girl child, the medical examination shall be conducted
by a woman doctor.
For
l  speedy trial, the State Government shall designate for each district,
a Court of Session to be a Special Court to try the offences. As per Rule
4(5) of the POCSO Rules, 2012, the CWC should take into account any
preference or opinion expressed by the child on the matter together with
best interest of the child. Also, prior to making such determination, an
inquiry should be conducted in such a way that the child is not unnecessarily
exposed to injury or inconvenience. This inquiry may therefore be conducted
either by the CWC itself or with the assistance of a social worker/probation
officer/NGO/any other person found fit by the CWC to be appointed for
this purpose. Where a support person has been appointed for the child,
the same person may be engaged to conduct the inquiry under Rule 4(5) to
assist the CWC in its inquiry.
The
l  Special Court shall try cases in camera and in the presence of the
parents of the child or any other person in whom the child has trust or
confidence.

Introduction to children’s rights and protection laws 25

 The
l  Special Court shall ensure that the child is not called repeatedly to testify
in the Court.
The
l  Special Court shall complete the trial, as far possible, within a period of
one year from the date of taking cognisance of the offence.

Offences listed under POCSO

w Sexual offences against children
l Penetrative sexual assault
l Aggravated penetrative sexual assault
l Sexual assault
l Aggravated sexual assault
l Sexual harassment
l Using child for pornographic purposes
l Abetment of and attempt to commit offence
l Failure to report or record a case
l False complaint or false information

The Protection of Children from Sexual Offences (Amendment)

Bill, 2019
w Penetrative sexual assault: Under the Act, a person commits “penetrative
sexual assault” if he: (i) penetrates his penis into the vagina, mouth, urethra
or anus of a child, or (ii) makes a child do the same, or (iii) inserts any other
object into the child’s body, or (iv) applies his mouth to a child’s body parts. The
punishment for such offence is imprisonment between seven years to life, and a
fine. The Bill increases the minimum punishment from seven years to ten years.
It further adds that if a person commits penetrative sexual assault on a child
below the age of 16 years, he will be punishable with imprisonment between 20
years to life, with a fine.  
w Aggravated penetrative sexual assault: The Act defines certain actions as
“aggravated penetrative sexual assault”. These include cases when a police
officer, a member of the armed forces, or a public servant commits penetrative
sexual assault on a child. It also covers cases where the offender is a relative
of the child, or if the assault injures the sexual organs of the child or the child
becomes pregnant, among others. The Bill adds two more grounds to the
definition of aggravated penetrative sexual assault. These include: (i) assault
resulting in death of child, and (ii) assault committed during a natural calamity,
or in any similar situations of violence. Currently, the punishment for aggravated
penetrative sexual assault is imprisonment between 10 years to life, and a fine.
The Bill increases the minimum punishment from ten years to 20 years, and the
maximum punishment to death penalty.

26 Introduction to children’s rights and protection laws

w Aggravated sexual assault: Under the Act, “sexual assault” includes actions
where a person touches the vagina, penis, anus or breast of a child with
sexual intent without penetration. “Aggravated sexual assault” includes cases
where the offender is a relative of the child, or if the assault injures the sexual
organs of the child, among others. The Bill adds two more offences to the
definition of aggravated sexual assault. These include: (i) assault committed
during a natural calamity, and (ii) administrating or help in administering any
hormone or any chemical substance, to a child for the purpose of attaining
early sexual maturity.
w Pornographic purposes: Under the Act, a person is guilty of using a child for
pornographic purposes if he uses a child in any form of media for the purpose
of sexual gratification. The Act also penalises persons who use children
for pornographic purposes resulting in sexual assault. The Bill defines child
pornography as any visual depiction of sexually explicit conduct involving
a child including photograph, video, digital or computer generated image
indistinguishable from an actual child. In addition, the Bill enhances the
punishments for certain offences as shown in Table 1.

Table 1: Punishment for offences for using child for pornographic purposes
Offence POCSO Act, 2012 2019 Bill
Use of child for w Maximum: 5 years w Minimum: 5 years
pornographic purposes
Use of child for w Minimum: 10 years w Minimum: 10 years (in
pornographic purposes case of child below 16
w Maximum: life
resulting in penetrative years: 20 years)
imprisonment
sexual assault
w Maximum: life
imprisonment
Use of child for w Life imprisonment w Minimum: 20 years
pornographic purposes
w Maximum: life
resulting in aggravated
imprisonment, or death.
penetrative sexual assault
Use of child for w Minimum: Six w Minimum: Three years
pornographic purposes years w Maximum: Five years
resulting in sexual assault
w Maximum: Eight
years
Use of child for w Minimum: Eight w Minimum: Five years
pornographic purposes years w Maximum: Seven years
resulting in aggravated
w Maximum: 10
sexual assault
years
Note: Punishment for using child for pornographic purposes resulting in any form of sexual assault is
in addition to minimum five years for use of child for pornographic purposes.

Introduction to children’s rights and protection laws 27

 w Storage of pornographic material: The Act penalises storage of pornographic
material for commercial purposes with a punishment of up to three years, or
a fine, or both. The Bill amends this to provide that the punishment can be
imprisonment between three to five years, or a fine, or both. In addition, the
Bill adds two other offences for storage of pornographic material involving
children. These include: (i) failing to destroy, or delete, or report pornographic
material involving a child, and (ii) transmitting, displaying, distributing such
material except for the purpose of reporting it.

Sources: Protection of Children from Sexual Offences (Amendment) Bill, 2019; Protection of Children
from Sexual Offences Act, 2012; PRS.

Note: We need more reformative/healing and preventive

efforts in system to counter crimes such as sexual assaults
against children and women. Laws are necessary but they
will not change the deep rooted gender biases, norms and
discriminatory practices.

Step 8: The Child Labour (Prohibition And Regulation) Amendment

Act, 2016
w An Act to prohibit the engagement of children in
all occupations and to prohibit the engagement of
adolescents in hazardous occupations and processes and
the matters connected with it.
No
l  child (means a person who has not completed his
14th year of age) shall be employed or permitted to
work in any occupation or process except where a
child helps his/her family or family enterprise, which is
other than any hazardous occupations or processes,
after his school hours or during vacations or where a
child works as an artist in an audio-visual entertainment
industry.
No
l  adolescent (a person between 14-18 years) shall be
employed or permitted to work in any of the hazardous
occupations or processes set forth in the Schedule.
Whoever
l  employs any child or any adolescent in
contravention of the provisions of the Act shall be
punishable with imprisonment for a term which shall
not be less than six months but which may extend
to two years, or with fine which shall not be less
than 20,000 rupees but which may extend to 50,000
rupees, or with both.

28 Introduction to children’s rights and protection laws

 Whoever,
l  having been convicted of an offence under the Act commits a like
offence afterwards, shall be punishable with imprisonment for a term which
shall not be less than one year but which may extend to three years.
w The Prohibition of Child Marriage Act, 2006
– An Act to provide for the prohibition of
solemnisation of child marriages. In this Act a
child means a person who, if a male, has not
completed 21 years of age, and if a female,
has not completd 18 years of age.
w The Immoral Traffic Prevention Act, 1956
– The Act intends to combat trafficking and
sexual exploitation for commercial purposes.
w The Right of Children to Free and
Compulsory Education Act or Right to
Education Act (RTE) – An Act to provide for
free and compulsory education to all children
of 6 to 14 years.
w The Commissions for Protection of Child
Rights, Act, 2005 - An Act to provide for
the constitution of a National Commission
and State Commissions for Protection of
Child Rights and Children Courts for providing
speedy trial of offences against children or of violation of child rights and for
matters connected with it.

Step 9: Monitoring
National Commission for Protection of Child Rights (NCPCR) and State
Commissions for Protection of Child Rights (SCPCR) are mandated to monitor the
implementation of the provisions of this Act, in such manner, as may be prescribed.
The Supreme Court of India and the High Courts have a committee on Juvenile
Justice with appointed sitting judges who are also tasked with the monitoring of
the implementation of the JJA primarily but also other related legislations.

Introduction to children’s rights and protection laws 29

Session 4
Child Protection Services Scheme2 for the
Time:
Well-being of Children (erstwhile ICPS) 60 Minutes
under MWCD
The Child Protection Services Scheme is being executed since 2009, for ensuring
effective implementation of the JJ Act. The scheme aims to provide a security net
through well-defined service delivery structures and institutional care amongst other
things. Further, the scheme has been brought under the Umbrella ICDS as its sub-
scheme with the nomenclature as Child Protection Services (CPS). CPS provides
preventive, statutory care and rehabilitation services to children who are in need
of care and protection and those in conflict with law as defined under the Juvenile
Justice (Care and Protection of Children) Act, 2015 and any other vulnerable child. It
is a centrally sponsored scheme providing financial support to State Governments/
UT Administrations for delivering services (as mandated under the JJ Act, 2015 & JJ
Rules thereunder) for children, either themselves or through suitable NGOs. In 2019,
the emphasis has been given on rationalisation of facilities and emphasising upon
monitoring and inspection of CCIs to ensure effective management of services in the
best interest of the children living therein.

Objectives:
At the end of the session, the participants will be able be describe
the features of CPS. CPS indicates a shift of focus from Scheme
Approach to Project Approach. It emphasises Family-based Non-
Institutional Care.

Step 1
Objectives of CPS are to
w Institutionalise essential services and strengthen structures for emergency
outreach, institutional care, family and community based care, counselling and
support services at the national, regional, state and district levels
w Enhance capacities at all levels, of all functionaries including administrators and
service providers, members of allied systems including local bodies, police and
judiciary
w Create database and knowledge base for CPS, including Management
Information System (MIS) and child tracking system in the country for effective
implementation and monitoring of CPS
w Strengthen child protection at family and community level

2
http://pib.nic.in/newsite/PrintRelease.aspx?relid=187560

30 Introduction to children’s rights and protection laws

w Ensure appropriate inter-sectoral response at all levels
w Raise public awareness, educate public on child rights and protection

Components
w Institutional Care
w Non-Institutional Care
w MIS: Child Tracking System & Missing Children Website
w Emergency Outreach Services

Delivery Structure
National Level
w Ministry of Woman & Child Development (MWCD)
w Central Adoption Resource Agency (CARA)
w Central Project Support Unit (CPSU)
w National Institute of Public Cooperation and Child Development (NIPCCD)
w Childline India Foundation (CIF)

State Level
w State Child Protection Society (SCPS) in every State/UT as the fundamental unit
for the implementation of the scheme.
w State Project Support Unit (SPSU) will be set in every State where the ICPS is
launched in order to support CPSU in ensuring effective implementation of the
ICPS in the States/UTs
w State Adoption Resource Agency (SARA) - In order to support CARA in promoting
in-country adoption and regulating inter-country adoption, ICPS provides
for establishing of a SARA in every State/UT as a unit under the SCPS, to
coordinate, monitor and develop the work of adoption and render secretarial and
administrative assistance to the State Adoption Advisory Committee(SAAC).
w State Child Protection Committee (SCPC) under the chairpersonship of Principal
Secretary/ Secretary shall monitor the implementation of ICPS on the basis of the
state specific indicators.
w State Adoption Advisory Committee (SAAC).

District Level
w District Child Protection Units (DCPUs), in each district as a fundamental unit for
the implementation of the scheme.
w District Child Protection Committee (DCPC) under the overall administrative
control and supervision of the DM shall monitor the implementation of ICPS on
the basis of district-specific indicators.
w Specialised Adoption Agency (SAA), shall identify vulnerable families and children
for foster care support and prepare the Individual Care Plan of the child and
recommend the case to the CWC for issuing appropriate order.
w Sponsorship & Foster Care Approval Committee.

Introduction to children’s rights and protection laws 31

 Step 2
CPS Roll Out in India (For details of ICPS beneficiaries in year 2017-18 see Annexure 3)

Statutory Support Services under CPS

It has been reported by the State Governments/UT Administrations that so far 723 CWCs
and 702 JJBs have been set up across the country.

Institutional Care Services under the CPS

During 2018-19, the Ministry has assisted 1511 Homes, 322 SAAs and 265 Open Shelters
through State Governments/UT Administrations.

Beneficiaries covered through Institutional Care

During 2018-19 more than 78,000 children have been availing the institutional care
facilities provided under the CPS scheme.

Inspection and Monitoring of CCIs

In order to ensure protection of children living in CCIs, the Ministry has pursued with State/
UT Governments to conduct inspections and maintain the institutions in accordance with
the vision of the JJ Model Rules, 2016. The Ministry has also advised State Governments to
conduct background check of agencies managing CCIs and also ensure police verification of
the staff. The Ministry has advised the States/UTs to take action for the welfare of children,
in case of any eventuality while living in CCIs. The Ministry has consistently pursued with
the States/UTs to ensure registration of all CCIs under the JJ Act. So far more than 8,200
CCIs across the country have been registered under the JJ Act. As many as 539 CCIs have
been closed by the States/UTs after inspections on various grounds.

Non-Institutional Care Services

During 2018-19 emphasis has also been given to strengthen non-institutional support
services including foster care, sponsorship and adoption. As on 30th November, 2018 more
than 6,000 children have benefitted through sponsorship component of the Scheme. Apart
from this, around 1,900 children have been placed for ‘In-country adoption’ and 365 children
have been placed for ‘Inter Country Adoption’ during this year (as on 30th November, 2018).

Child Helpline
Child Helpline (1098) is a component of the Scheme linking the
child to the child protection system directly and assisting thereafter
in availing the services thereunder. Presently around 65% of the
country covering 475 locations is being serviced by Child Line. The
Ministry has been running the 24x7 Child Helpline in collaboration
with civil society organisations (CSOs). The service is being provided by CIF – a Mother
NGO, in partnership with other CSOs across the country. In order to ensure transparency
and accountability in delivering CPS, the NGO partners are registered on NITI Ayog and
have been boarded on PFMS portal.

Child Help Desks at Railway Stations

The MWCD has framed Standard Operating Procedures (SOPs) to be implemented with
the help of Railways for rescue and rehabilitation of runaway, abandoned, kidnapped or

32 Introduction to children’s rights and protection laws

trafficked children. Child Help Desks are set up at various railway stations for rescue and
rehabilitation of children. Child Help Desks at railway stations have been increased from 62
railway stations during 2017-18 to 84 railway stations during 2018-19. Over 60,000 children
have been assisted by these facilities during the current year.

Celebration of Hausala 2018

The MWCD hosted the 2nd Inter-Child Care Institution Festival, “Hausala 2018” for children
residing in CCIs between 26-29th November 2018. The event was organised around the
theme of ‘child safety’ to inspire children of CCIs so that they can reach the national stage for
expressing their capabilities. Besides, the event also aimed to understand the views of children
regarding their safety in various situations. During the festival, children participated in various
activities like debate, painting, athletics, football and chess competition. A new competition
called ‘Abhiviyakti’ to encourage free expression amongst children was introduced this year.
More than 600 children from CCIs across 18 States/UTs participated in the programme.

Khoya-Paya Portal
In order to bring citizen participation for protecting children, a
citizen based portal Khoya-Paya has been launched in June,
2015, which enables posting of information of missing or sighted
children. So far more than 9,962 users have been registered on
the portal during 2018-19. Besides, more than 1,10,000 cases of
missing or sighted children have been published on the portal.

e-Box for Children who have suffered Sexual Abuse

Children are often unable to complain about
sexual abuse. In order to provide them with
a safe and anonymous mode of making a
complaint, an internet based facility, POCSO
e-Box, has been provided at NCPCR website
where the child or anyone on his/her behalf
can file a complaint with minimal details.
POCSO e-Box receives complaints from other mediums such as e-mail, POCSO e-button
etc. As soon as the complaint is filed, a trained counsellor immediately contacts the child
and provides assistance to the child. The counsellor also registers a formal complaint on
behalf of the child wherever warranted. A total number of 3,213 hits have been received
on helpline number since the launch of POCSO e-Box, i.e., from 26th August, 2016 till
20th December, 2018. Out of these hits, 135 cases were found to be covered under the
Protection of Children from Sexual Offences Act, 2012.

Draft Child Protection Policy

The Ministry has framed draft Child Protection Policy 2018. The policy draws upon the
safeguards provided under the Constitution of India, various child-centric legislations,
international treaties as well as other existing policies for the protection and well-being of
children. It aims at providing a safe and conducive environment for all children through the
prevention and response to child abuse, exploitation and neglect. It provides a framework
for all institutions, and organisations (including corporate and media houses), government
or private sector to understand their responsibilities in relation to safeguarding/protecting
children and promoting the welfare of children; individually and collectively.

Introduction to children’s rights and protection laws 33

Annexure 1: Picture Cards to Understand Child Rights

Health and Medical

Happy Home
Facilities Bicycle

Nutritious food and

Clothes Picnic and entertainment
clean water

No scolding
Education Being heard

Smart phone Fast-food Play Grounds

34 Introduction to children’s rights and protection laws

 Caring Family Safe Environment Toys and Games

Ability to buy things Non-discrimination Participation

Sleeping as long as TV and Computer

desired

Introduction to children’s rights and protection laws 35

Annexure 2: The Balloon Activity
Time:
20 Minutes

Objective:
To introduce the topic of child protection in a fun, non-threatening
manner. (This activity is good to use at the beginning of a workshop to
actively engage participants and prepare them for a greater discussion on
the topic)

Materials required

w Balloons tied to a string – enough for one quarter of the participants

w Large space that is enough for people to move around freely
w Pens

Instructions
1. Count the number of participants and divide them forming four groups. Ask for
first group of volunteers for an activity (don‘t give any more information than
that). Step out of the room with them. They will be Group One. Distribute the
balloons to them and instruct them to blow up the balloons and to tie them
tightly to their wrists, ankles or any part of their body. Tell them nothing else.
2. Request another group of volunteers (same number as group 1) to step out of
the room with you. Their instruction is that when the game starts, they must
each stand by one person with a balloon and protect that one person only. They
must not talk at all. They are Group Two.
3. Request a third group of volunteers of two or three people. Tell them that their
task is to pop all the balloons as quickly as possible and they can strategise
however they like. They are Group Three.
4. The remaining participants are told to watch. They are Group Four. Do not inform
Group One or Two or Four what the aim of the game is. Only Group Three
knows.
5. The Game 1. Ask everyone to re-enter the room. 2. Call the group to silence. 3.
Instruct Group Two to stand by the Group One volunteers. One-on-one. 4. Call –
start the game.
6. The game is finished after one to two minutes. Usually one minute is enough to
pop most or all of the balloons.

36 Introduction to children’s rights and protection laws

Debrief
1. Make all of the participants sit in a circle.
2. Ask the people with the balloon how they felt during the exercise? Typical comments
are – did not know what was going on; frightened; attacked; frustrated; looked for help
from someone bigger; did not trust the person standing next to me etc.
3. Ask Group Two – How did you feel? Typical comments are – frustrated because I
did not know what the game was; did not have time to prepare; could not protect the
person well because the attackers seemed to have a plan; thought I could protect at
the beginning then had no chance; helpless; did not really know what to do.
4. Ask Group Three – How did you feel? Typical answers – great; easy to pop the
balloons; sneaky; they were in more control.
5. Ask Group Four – How did you feel? Typical answers are – Wanted to do something
but did not know what I could do; helpless; entertained.

Explanation: Whom do the four groups actually represent? Ask the participants if
they can guess what each group represents.
a. Group One represents children who need protection
b. Group Two represents adults who are doing their best to protect children
c. Group Three represents those adults who have no regard for child rights
and therefore abuse children in a variety of ways…or those who, through
ignorance, allow children to become more vulnerable. Group Three can
also represent negative actions that can harm children. Although the group/
organisation/person may believe they are helping the child, through their lack
of knowledge on child rights, child protection, and children’s development,
their ignorance may lead to negative actions thus causing harm to children.
d. Group Four represents those people who just watch and do nothing. They
may want to do something but do not know what to do. Or they may not think
that something is so wrong.

Ask participants what was needed to stop the balloons from being popped by Group Three?

Some potential responses:

Children:
Need to know what is happening. Some have skills to
resist but others are more vulnerable (refer to the balloon
game - some ran away and others were caught quickly).
Sometimes children team up together and protect each other.
All need some skills to protect themselves but they are not
responsible for protection.

Introduction to children’s rights and protection laws 37

Adults are Protectors
w Need to know what was going on.
w Need to combine forces and protect as a group not just as individuals.
w Need to know the tactics of those who intentionally abuse children or need to know how
children become more vulnerable.

Abusers
w Need to know that their behaviour is not acceptable.

Ignorant and Observers

w Need to know how their actions make children more vulnerable.
w Must actively participate in protection and not just observe.
w Need to know how to recognise protection problems and how and when they should
respond.

38 Introduction to children’s rights and protection laws

Annexure 3: Individual Care Plan

¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 261

FORM 7
[Rules 11(3), 13(7)(vi), 13(8)(ii), 19(4), 19(17), 62(6)(vii), 62(6)(x), 69 I (3)]
INDIVIDUAL CARE PLAN
Child in Conflict with Law/ Child in Need of Care and Protection
(tick whichever is applicable)
Name of Case Worker/Child Welfare Officer/Probation officer……………………
Date of preparing the ICP …………………………………………………………………
Case/Profile No……………of 20…………………
FIR No……………………………………………………….
U/Sections (Type of offence),applicable in case of Children in Conflict with Law……
Police Station………………………………………………………………………………….
Address of the Board or the Committee……………………………………………………
Admission No.(if child is in an institution)………………………………………………….
Date of Admission (if child is in an institution)……………………………………………
Stay of the child (Fill as applicable)

(i) Short term (up to six months)

(ii) Medium Term (six months to one year)
(iii) Long term (more than 1 year)
A. PERSONAL DETAILS (to be provided by child/parent/both on admission of the child in the institution)
1. Name of the Child…………………………………
2. Age/Date of Birth…………………………
3. Sex: Male/Female……………………
4. Father’s name:……………………………………..
5. Mother’s name……………………………………
6. Nationality…………………………………….
7. Religion……………………………………….
8. Caste…………………………………………
9. Language spoken…………………………..
10. Level of Education…………………………………………………………………..
11. Details of Savings Account of the child, if any…………………………………..
12. Details of child’s earnings and belongings, if any………………………………
13. Details of awards/rewards received by the child, if any…………………………
14. Based on the results of Case History, Social Investigation report and interaction
with the child, give details on following areas of concern and interventions
required, if any

Introduction to children’s rights and protection laws 39

262 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

S.No. Category Areas of concern Proposed Interventions

1. Child’s expectation from care and protection
2. Health and nutrition needs
3. Emotional and psychological support needs
4. Educational and Training needs
5. Leisure, creativity and play
Attachments and Inter-personal
6.
Relationships
7. Religious beliefs
Self care and life skill training for Protection
8. from all kinds of abuse, neglect and
maltreatment
9. Independent living skills
Any other such as significant experiences
which may have impacted the development
of the child like trafficking, domestic
10. violence, parental neglect, bullying in school,
etc. (Please specify)

B. PROGRESS REPORT OF THE CHILD ( to be prepared every fortnight for first three months and
thereafter to be prepared once a month)
[Note: Use different sheet for Progress Report]
1. Name of the Probation Officer/Case Worker/Child Welfare Officer………………….
2. Period of the report………………………………………………………………………
3. Admission No……………………………………………………………………………..
4. Board or Committee…………………………………………………………………….
5. Profile No…………………………………………….
6. Name of the Child…………………………………..
7. Stay of the child (Fill as applicable)
(iv) Short term (up to six months)
(v) Medium Term (six months to one year)
(vi) Long term (more than 1 year)

8. Place of interview …………………….. Dates…………………….

9. General conduct and progress of the child during the period of the report
………………………………………………………………………………………………….
………………………………………………………………………………………………….
10. Progress made with regard to proposed interventions as mentioned in point 14 of Part A of this Form.

40 Introduction to children’s rights and protection laws

¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 263

S. No. Category Proposed Progress of the

Interventions child
1. Child’s expectation from care and protection
2. Health and nutrition needs
3. Emotional and psychological support needed
4. Educational and Training needs
5. Leisure, creativity and play
6. Attachments and Inter-personal Relationships
7. Religious beliefs
8. Self care and life skill training for Protection from
all kinds of abuse, neglect and maltreatment
9. Independent living skills
10. Any other such as significant experiences which
may have impacted the development of the child
like trafficking, domestic violence, parental
neglect, bullying in school, etc. (Please specify)

11. Any proceedings before the Committee or Board or Children’s Court

(i) Variation of conditions of bond
(ii) Change of residence of the child
(iii) Other matters, if any
12. Period of supervision completed on………………………………………
Result of supervision with remarks (if any)………………………………….
Name and Addresses of the parent or guardian or fit person under whose care the child is to live after the
supervision is over……………………………………………
Date of report…………………Signature of the Probation Officer…………………..
C. PRE-RELEASE REPORT (to be prepared 15 days prior to release)
1. Details of place of transfer and authority concerned responsible in the place of
transfer/release
2. Details of placement of the child in different institutions/family
3. Training undergone and skills acquired
4. Last progress report of the child (to be attached, refer Part B)
5. Rehabilitation and restoration plan of the child ( to be prepared with reference to progress reports of the
child)
S.No. Category Rehabilitation and restoration plan of the
child
1. Child’s expectation from care and protection
2. Health and nutrition
3. Emotional and psychological
4. Educational and Training
5. Leisure, creativity and play
6. Attachments and Inter-personal Relationships
7. Religious belief
8. Self care and life skill training for Protection from
all kinds of abuse, neglect and maltreatment
9. independent living skills
10. Any other

Introduction to children’s rights and protection laws 41

264 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

6. Date of release/transfer/repatriation…………………………………………………….
7. Requisition for escort if required……………………………………………………….
8. Identification Proof of escort such as driving license, Aadhar Card, etc…………
9. Recommended rehabilitation plan including possible placements/sponsorships….
10. Details of Probation Officer/non-governmental organization for post-release follow-
up………………………………………………………………………………..
11. Memorandum of Understanding with non-governmental organisation identified for post-release follow-
up (Attach a copy)………………………………………………..
12. Details of sponsorship agency/individual sponsor, if any…………………………..
13. Memorandum of Understanding between the sponsoring agency and individual sponsor (Attach a
copy)………………………………………………………………….
14. Medical examination report before release……………………………………………
15. Any other information…………………………………………………………………
D. POST-RELEASE/RESTORASTION REPORT OF THE CHILD
1. Status of Bank Account : Closed / Transferred
2. Earnings and belongings of the child: handed over to the child or his
parents/guardians – Yes/No
3. First interaction report of the Probation Officer/Child Welfare Officer/Case
Worker /social worker/non-governmental organisation identified for follow-up with
the child post-release……………………………………………………………………
4. Progress made with reference to Rehabilitation and Restoration Plan……………..
5. Family’s behavior/attitude towards the child…………………………………………….
6. Social milieu of the child, particularly attitude of neighbours/community…………….
7. How is the child using the skills acquired………………………………………………..
8. Whether the child has been admitted to a School or vocation? Give date and
name of the school/institute/any other agency Yes/No
………………………………………………………………………………………………
9. Report of second and third follow-up interaction with the child after two months
and six months respectively…………………………………………………………..
10 Efforts towards social mainstreaming and child’s opinion/views about it…………
11. Identity Cards and Compensation
[Instruction: Please verify with the physical documents]
IDENTITY CARDS Present status (Please tick whichever
is applicable)
Yes No Action taken
Birth Certificate
School certificate
Caste certificate
BPL Card
Disability Certificate
Immunization card
Ration Card
Adhaar Card
Received compensation from Government

Signature of the Probation Officer/Child Welfare Officer

Stamp and Seal where available

42 Introduction to children’s rights and protection laws

 Annexure 4: ICPS beneficiaries in year 2017-18
Detail of 2017-18 ( up to 5th February 2018)
Institutional Care Open Shelters Specialised Adoption CWC JJB SCPS DCPU SARA Total
[Homes] Agencies Beneficiaries
# State No. Beneficiaries No. Beneficiaries No. Beneficiaries No. No. No. No. No.
Assisted Assisted Assisted Assisted Assisted Assisted Assisted Assisted
1 Andhra 73 4439 12 300 14 135 13 13 1 13 1 4874
Pradesh
2 Arunachal 15 62 0 0 1 3 21 21 1 20 1 65
Pradesh
3 Assam 36 1128 3 75 14 78 27 27 1 27 1 1281
4 Bihar 54 1929 14 216 28 170 38 38 1 38 1 2315
5 Chhattisgarh 76 2172 19 127 14 42 27 27 1 27 1 2341
6 Goa 21 1015 8 200 2 46 2 2 1 2 1 1261
7 Gujarat 54 2166 3 75 14 163 33 33 1 33 1 2404
8 Haryana 33 1630 25 1541 7 48 21 21 1 21 1 3219
9 Himachal 30 1187 3 44 1 6 12 12 1 12 1 1237
Pradesh
10 Jammu and 22 1141 0 0 2 20 22 22 1 22 1 1161
Kashmir
11 Jharkhand 36 1448 5 125 15 217 24 24 1 24 1 1790
12 Karnataka 80 3131 40 1194 28 255 33 30 1 30 1 4580
13 Kerala 31 708 4 103 17 95 14 14 1 14 1 906
14 Madhya 61 2249 6 206 22 213 51 51 1 51 1 2668
Pradesh
15 Maharashtra 77 6155 3 108 17 181 39 36 1 36 1 6444
16 Manipur 34 993 12 247 5 35 9 9 1 9 1 1275
17 Meghalaya 54 1351 4 181 6 7 11 11 1 11 1 1539
18 Mizoram 45 1300 0 0 7 51 8 8 1 8 1 1351
19 Nagaland 41 495 3 37 4 7 11 11 1 11 1 539
20 Orissa 110 7233 13 341 17 217 31 34 1 30 1 7791
21 Punjab 17 511 1 25 5 107 22 22 1 20 1 643

Introduction to children’s rights and protection laws 43

22 Rajasthan 91 2883 23 405 12 40 33 34 1 33 1 3328
23 Sikkim 18 540 4 52 4 6 4 4 1 4 1 598
 Detail of 2017-18 ( up to 5th February 2018)
Institutional Care Open Shelters Specialised Adoption CWC JJB SCPS DCPU SARA Total
[Homes] Agencies Beneficiaries
# State No. Beneficiaries No. Beneficiaries No. Beneficiaries No. No. No. No. No.
Assisted Assisted Assisted Assisted Assisted Assisted Assisted Assisted
24 Tamil Nadu 193 14055 14 350 15 150 32 32 1 32 1 14555
25 Tripura 20 500 2 52 6 48 4 8 1 8 1 600
26 Uttar Pradesh 81 2497 22 550 17 170 75 75 1 75 1 3217
27 Uttarakhand 20 318 2 36 0 0 13 13 1 13 1 354
28 West Bengal 66 5890 33 850 22 273 25 23 1 23 1 7013
29 Telangana 56 3014 12 246 11 309 31 31 1 31 1 3569
30 Andaman & 8 367 - 0 - 0 3 3 1 3 0 367
Nicobar
31 Chandigarh 8 326 0 0 4 17 1 1 1 1 1 343
32 Dadra and - 0 - 0 - 0 1 1 1 1 1 0
Nagar Haveli
33 Daman and 2 100 - 0 - 0 2 2 1 2 1 100
Diu

44 Introduction to children’s rights and protection laws

34 Lakshadweep - 0 - 0 - 0 1 1 - - - 0
35 Delhi 28 1479 13 415 3 60 10 3 1 10 1 1954
36 Puducherry 29 1166 2 47 2 13 3 4 1 2 1 1226
Total 1620 75578 305 8148 336 3182 707 701 35 697 34 86908
Flow chart on Child in conflict with Law- CCL

Offence committed by a Child

Police apprehend Child in Conflict with Law (CCL) and place CCL in charge of SJPU/CWPO-s10

Released by Sent to Observation Home Produced before a Single Member [s

Police – s 12(1) till Production before JJB 7(s)]/Board [s 10(1)] within 24 hrs of
– 12(2) apprehension

Released by JJB Observation

Place of Safety [Pending Inquiry]
– s 12(1) Home – s 12(1)
◆ CCL above 18 yrs – s 6(2)
Any CCL not released on Bail –
◆ 
s 12(3)
Releases under 16-18 yr old CCL accused for
◆ 
Supervision of PO/Fit heinous offences – s 49(1)
Person – s 12(1) Person whose claim for juvenility
◆ 
is pending before any court and
requires protective custody –
Bail – s 12(1) s 9(4)

Reasons for Denial of Bail – s 12(1) (provision): Release is likely

Inquiry is to be completed in 4 months
to bring CCL in association with known criminal, expose the
from date of first production (Max 6
child to moral, physical or psychological danger; defeat the
months with reasons in writing – s 14 (2)
ends of justice (reasons for denying in writing)

Age inquiry [within 15 days in case

of medical test] - s 94

Social investigation Report

by PO within 15 days from
date of first production - s (8)
(e)/2 weeks from receiving
information from Police about
apprehension of CCL - s 13(1)(ii)

Preliminary Assessment by Board

in 3 months from date of first
production (Heinous Offences by
CCL aged 19-18 yrs) - s 14(3) and
s 15(1)

Transfer to Children's Continue Inquiry in Disposal - as

Court - s 18(3) JJB - s 15(2) per s 17 and 18
 Inquiry by JJB

Petty- Serious - Heinous -

s 2(45) s 2 (54) s 2 (33)

Maximum Imprisonment Imprisonment between Minimum Mandatory

up to 3 years 3 to 7 years Imprisonment for 7 years
or more

Below 16 years Above 16 years

Inquiry is to be completed in 4 months from Preliminary Assessment Physical Capacity

date of first production (Max 6 months with within 3 months from
reasons in writing) - s 14(2) date of first production -
s 14 (3) and 15
Mental Capacity

Ability to understand
Continue
consequences of
Inquiry -
the offence
s 15(2) Pass Order to
treat CCL as
adult + Transfer
Petty Offence: If in Extension for completion to Children's Circumstances of
case inquiry is not of Inquiry may be granted Court - s 18(3) offence
completed in 6 months, with written permission
proceedings will stand from the CJM/CMM -
terminated - 14 (4) s 14(4)
 Trial by Children's Court

Examine the Preliminary Assessment received from JJB

to decide on how to proceed further - s 19(1)

CCL to be tried as a child CCL to be tried as an adult

[procedure of Inquiry [Trial and order under CrPC] -
prescribe for JJB] - s 19(1)(ii) s 19(1)(ii)

Inquiry is to be completed in Extension for completion of No time prescribed for

4 months from date of first Inquiry may be granted with completion of Trial
production (Max 6 months with written permission from the
reasons in writing) - s 14(2) CJM/CMM - s 14(4)
Must contain
individual Care Plan
Disposition/Final Order:
- s 19(2)
◆ No Death Sentence Sentence as for adults -
◆ 
No Sentence of Life
◆  s 19(1)(i)
Imprisonment without possibility Order CCL to be sent
◆  Annual Follow-up
of release - s to place of Safety till he by PO/DCPU/Social
attains the age of 21 Worker to evaluate
years - s 19(3) progress - s 19(2) and
19(4)
Release CCL on conditions,
including monitoring - s 20(2)(i)
Evaluate CCL's reformation
on attaining the age of
Order completion of remainder 21 years - s 20(1)
term in Jail - s 20(2)(ii)
 Inquiry by CWC

Inquiry to be initiated on... Purpose of Inquiry

Production of a child s 31 Declaring a child as a CNCP

& 36(1) - s 37(1)

Receipt of report about a declaring fit persons - s

child s 31(2) & 36(1) 30(iv)

its own, taking cognizance inquiry for execution of

of a case s 36(1) surrender deed - s 35(2)

to declare legally free for

adoption - s 30(xi)

care, protection, appropriate

rehabilitation & restoration

safety and well being of

children - s 30(ii)

on complaint of abuse in CCI

Pending Inquiry - s 30(xvi)

Send to SAA if - s 36(1)

◆ child below 6 yrs, and
◆ orphan/surrendered/
appearing to be abandoned
Remove the child from
◆ 
the CCI & transfer to
Send to - Children's home/ another CCI
SIR within 15 Give necessary directions
◆ 
Fit Facility/Fit person if child
days by SW/CWO/ to Police/DCPU/Labour
above 6 yrs - s 36(1)
CWPO - s 36(2) Dept/Childline

Time for Completion of Inquity

Abandoned Child Surrendered Child Other CNCP

2 months for child < 2 years 2 months from 4 months from date of
4 months for child > years date of production production
(from date of production) (reconsideration period)