Abstract : Since time immemorial, due to their inherent natural weakness, children have been the victims of criminal offences alongside women. Crimes committed against children are not restrict to any specific gender or age. Children are part of the weaker section of our society and the soft target of the offender. It is the need of time that children has special needs and they require distinct treatment from adults. Children are the rock foundation of every nation. They become the world’s leaders, the producers of national riches, who look after the human race and protect the land from which it has its origins.
Children are the foundation stone upon which every nation's future is founded. Children increase their thinking skills to establish their own ideas on various matters and get the chance to best planning and goal-setting. Children want independent recognition on their own as well as freedom from their elders.
Despite various child safeguards in India, 40% of Indian children continue to live in terrible conditions, both within the statutory homes as well as the broader community. We must understand the need for protection of child rights in the social environment.
For improving the rights of children, the concept of social justice has to be kept in brain by the law makers. This objective is achieved by providing provision in the constitution of India about social justice for children in special laws according to Article 15(3) of the Constitution of India. Based on this, various laws have been enacted by the Government to guarantee child care and safety.
Article 21, Article 15(3) provides guarantee to protect the rights of children that only allow them to enjoy the benefits of guaranteed equality. Moreover, the Judiciary has been allowed to promote child rights jurisprudence in Articles 39 (e) & 39 (f), Article 42, Article 45, and Article 47 of the Indian Constitution.
Parliament has adopted from time to time various demonstrations regarding Juvenile Justice and various amendments have been made pursuant thereto such as in 1986, 2000, 2006, 2015, 2021 etc. As per formar CJI V.R. Krishna Iyer a kid is the ‘father’ of an adult/man.
In 1974, India introduced a National Child Policy to achieve the fundamental rights of children. A child should not be robbed of their childhood either socially, intellectually or financially.
Cite : Dhirania, M. K., & Vashishth, A. (2022). Crime Against Children And Its Safeguards In India (1st ed., p. 63). Noble Science Press. https://doi.org/10.52458/9789391842680.nsp2022.eb.asu.ch08
References :
The Constitution of India
Indian Penal Code, 1860.
Juvenile Justice Act(JJA), 2000, 2006, 2015 and 2021
Information Technology Act, 2000.
Protection of Child from Sexual Offences Act, 2012.
The Bonded Labour System (Abolition) Act, 1976
Ph.D. Thesis, 2022, Ritu Dhirania “An analysis of juvenile justice system in India-A socio legal study with special reference to Delhi NCR
Ritwik Tyagi “The Juvenile Justice (Care and Protection of Children) Act, 2015 – Critical Analysis”
Vishaka and Ors Vs. State of Rajasthan and Ors. (AIR 1997 SUPREME COURT 3011)
