| Question | What it asks | Where it comes from |
|---|---|---|
| Who is left out? | Which children are excluded by caste, disability, gender, migration or lack of documents, and why | CRC Article 2, non-discrimination |
| Whose interest decides? | Whether the child's best interests were weighed, or the convenience of the institution, the family or the donor | CRC Article 3(1) |
| Is the child safe? | Whether the activity creates risks of abuse, exploitation or exposure, and who responds if harm happens | CRC Articles 19 and 34; POCSO 2012 |
| Was the child heard? | Whether children had a say in decisions affecting them, in a form suited to their age | CRC Article 12 |
| Duty bearer | Typical duties | Indian example |
|---|---|---|
| State (Union and states) | Make laws, fund services, set up courts and commissions, report to the UN Committee | Ministry of Women and Child Development; state departments; NCPCR and SCPCRs |
| Statutory bodies | Decide individual cases about children | Child Welfare Committees and Juvenile Justice Boards under the JJ Act 2015 (ss. 27 and 4) |
| Institutions | Run schools, homes and hospitals safely; report abuse | A school's duty to report under POCSO s. 19, and the penalty for an institution's head under s. 21(2) |
| Parents and guardians | Care, guidance, education | Constitution Article 51A(k): parents to provide opportunities for education from six to fourteen |
| Everyone | Report sexual offences against children | POCSO s. 19(1) applies to "any person" |
| State | Signed | Ratified or acceded | Note |
|---|---|---|---|
| Bangladesh | 26 Jan 1990 | 3 Aug 1990 | Reservation to Art. 14(1); Art. 21 subject to existing law |
| Bhutan | 4 Jun 1990 | 1 Aug 1990 | |
| Nepal | 26 Jan 1990 | 14 Sep 1990 | |
| Pakistan | 20 Sep 1990 | 12 Nov 1990 | |
| Maldives | 21 Aug 1990 | 11 Feb 1991 | Reservations including on adoption |
| Sri Lanka | 26 Jan 1990 | 12 Jul 1991 | |
| India | not signed | 11 Dec 1992 (accession) | Declaration on Art. 32, child labour |
| Afghanistan | 27 Sep 1990 | 28 Mar 1994 |
| Right in question | Non-discrimination asks | Best interests asks | Survival and development asks | Views asks |
|---|---|---|---|---|
| School admission | Are Dalit, disabled and migrant children admitted on the same terms? | Is the nearest school the best option for this child? | Does the child learn, or only enrol? | Were children consulted on safety and timing? |
| Placement in care | Are girls placed more often than boys? | Is the family option exhausted first? | Does the home meet health and education needs? | Did the child say where they want to live? |
| A survey | Are hard-to-reach children sampled? | Does the interview risk harm? | Does the data lead to services? | Did the child assent? |
| Protocol | Adopted | In force | Parties | Core duty |
|---|---|---|---|---|
| Involvement of children in armed conflict (OPAC) | 25 May 2000, A/RES/54/263 | 12 Feb 2002 | 173 | No compulsory recruitment under 18; feasible measures so that under-18 members do not take a direct part in hostilities |
| Sale of children, child prostitution and child pornography (OPSC) | 25 May 2000, A/RES/54/263 | 18 Jan 2002 | 178 | Criminalise the listed offences; cooperate across borders |
| Communications procedure (OPIC) | 19 Dec 2011, A/RES/66/138 | 14 Apr 2014 | 54 | Children or their representatives can complain to the Committee after domestic remedies |
| State | OPAC ratified | OPSC ratified | OPIC (complaints) |
|---|---|---|---|
| Bangladesh | 6 Sep 2000 | 6 Sep 2000 | Not a party |
| Sri Lanka | 8 Sep 2000 | 22 Sep 2006 | Not a party |
| Maldives | 29 Dec 2004 | 10 May 2002 | Ratified 27 Sep 2019 |
| India | 30 Nov 2005 | 16 Aug 2005 | Not a party |
| Nepal | 3 Jan 2007 | 20 Jan 2006 | Not a party |
| Bhutan | 9 Dec 2009 | 26 Oct 2009 | Not a party |
| Pakistan | 17 Nov 2016 | 5 Jul 2011 | Not a party |
| Afghanistan | 24 Sep 2003 (accession) | 19 Sep 2002 (accession) | Not a party |
| Item | Detail | Source |
|---|---|---|
| Combined third and fourth report | Due 10 July 2008; submitted 26 August 2011 | OHCHR treaty body database, India |
| Concluding observations | CRC/C/IND/CO/3-4, adopted 13 June 2014 (66th session) | OHCHR treaty body database |
| OPAC and OPSC reviews | CRC/C/OPAC/IND/CO/1 and CRC/C/OPSC/IND/CO/1, both 13 June 2014 | OHCHR treaty body database |
| Civil society input | Alternative reports from groups including the India Alliance for Child Rights | OHCHR treaty body database |
| Next cycle (fifth and sixth) | Listed under the simplified reporting procedure; the list of issues prior to reporting had not been adopted as at October 2026 | OHCHR treaty body database, viewed 6 October 2026 |
| Article | Part | What it says |
|---|---|---|
| 15(3) | III, fundamental right | Nothing in Article 15 prevents the State from making "any special provision for women and children" |
| 21A | III, fundamental right | "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." |
| 24 | III, fundamental right | "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment." |
| 39(e) and (f) | IV, directive principle | The tender age of children is not to be abused; children are to be given "opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity" |
| 45 | IV, directive principle | "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years." |
| Purpose | Age | Law |
|---|---|---|
| Child for juvenile justice | Under 18 | JJ Act 2015, s. 2(12) |
| Child for sexual offences | Under 18 | POCSO Act 2012, s. 2(1)(d) |
| Child for personal data | Under 18 | DPDP Act 2023, s. 2(f) |
| Right to education | 6 to 14 | Article 21A; RTE Act 2009, s. 2(c) |
| Early childhood care | Under 6 | Article 45 |
| Child for labour law | Under 14 (or the RTE age, if higher) | Child and Adolescent Labour Act 1986, s. 2(ii), as amended 2016 |
| Adolescent for labour law | 14 to 18 | Same Act, s. 2(i) |
| Child for marriage | Female under 18; male under 21 | Prohibition of Child Marriage Act 2006, s. 2(a) |
| No criminal liability | Under 7; 7 to 12 if immature | Bharatiya Nyaya Sanhita 2023, ss. 20 and 21 |
| Option | What it is | When it fits |
|---|---|---|
| Restoration to family | Return to parents or guardian, with follow-up | The default, once the risk is addressed |
| Sponsorship | Financial support so a child can stay with family | Poverty is the main reason for separation |
| Family-based alternative care | Placement with another family under a Committee order | Family unsafe or unavailable; child needs a home now |
| Adoption | Permanent legal transfer of parenthood | Child declared legally free; CRC Article 21 makes best interests "the paramount consideration" |
| Child care institution | Children's home, open shelter, specialised adoption agency | Short term or where no family option exists |
| After care | Support after leaving an institution at eighteen | Transition to adult life |
| Section | Conduct | Maximum punishment |
|---|---|---|
| 74 | Media disclosure of the name, address, school or any detail that could identify a child in conflict with law, a child in need of care, or a child victim or witness | Six months, or fine up to two lakh rupees, or both (s. 74(3)) |
| 75 | Cruelty by a person in charge of a child: assault, abandonment, abuse, exposure or wilful neglect likely to cause unnecessary suffering | Three years, or fine of one lakh rupees, or both |
| 76 | Employing or using a child for begging | Five years and fine of one lakh rupees |
| 79 | Keeping a child in bondage for employment, or withholding the child's earnings; "employment" includes selling goods and services and entertainment in public places | Rigorous imprisonment up to five years and fine of one lakh rupees |
| Offence | Defined in | Punishment (as amended 2019) |
|---|---|---|
| Penetrative sexual assault | s. 3 | s. 4: at least 10 years up to life, and fine; at least 20 years up to life for a child below 16 |
| Aggravated penetrative sexual assault | s. 5 (by police, armed forces, public servants, relatives, staff of institutions, and other listed cases) | s. 6: at least 20 years up to life for the remainder of natural life, and fine, or death |
| Sexual assault (touch with sexual intent, no penetration) | s. 7 | s. 8 |
| Aggravated sexual assault | s. 9 | s. 10 |
| Sexual harassment (words, gestures, showing material, stalking) | s. 11 | s. 12 |
| Using a child for pornographic purposes; storing such material | ss. 13 to 15 | ss. 14 and 15 |
| Group | Rule | Section |
|---|---|---|
| Child: under 14 (or the RTE age, if higher) | "No child shall be employed or permitted to work in any occupation or process" | s. 3(1) |
| Exception 1: family enterprise | A child may help "his family or family enterprise", outside the hazardous list, "after his school hours or during vacations" | s. 3(2)(a) |
| Exception 2: artist | A child may work as an artist in audio-visual entertainment or sports, except the circus, without affecting school education | s. 3(2)(b) |
| Adolescent: 14 to 18 | Not to be employed in the hazardous occupations and processes in the Schedule | s. 3A |
| The Schedule (2016) | Mines; inflammable substances or explosives; hazardous processes as defined in the Factories Act 1948 | Schedule |
| Penalty | Six months to two years, or Rs 20,000 to Rs 50,000, or both; parents not punished unless they permit work for commercial purposes | s. 14 |
| Age | Education law | Labour law | What a programme checks |
|---|---|---|---|
| Under 6 | Article 45: early childhood care, a directive principle | Covered by the child labour ban (any work) | Enrolment in an anganwadi; nutrition; registration |
| 6 to 14 | Article 21A and RTE Act: free and compulsory education | Banned except family enterprise after school, and artists | Attendance and learning; hours of work at home |
| 14 to 18 | No statutory right to free education under the RTE Act | Allowed except hazardous Schedule work | Secondary enrolment; safety at work; wage and hours |
| Group | % married by 18 |
|---|---|
| Rural | 25.8 |
| Urban | 14.2 |
| No schooling | 45.9 |
| Secondary schooling | 26.9 |
| West Bengal | 41.5 |
| Bihar | 38.7 |
| Kerala | 6.3 |
| Punjab | 8.7 |
| Tool | Who uses it | Section |
|---|---|---|
| Complaint for an injunction to stop a marriage | Any person with knowledge, or an NGO with reasonable information, to a Judicial Magistrate | PCMA s. 13(1)-(2) |
| Interim injunction without notice in urgency | The court | s. 13(6), proviso |
| Suo motu action on reliable reports | The court | s. 13(3) |
| Prevention on mass-marriage days such as Akshaya Trutiya | District Magistrate, deemed a Child Marriage Prohibition Officer | s. 13(4)-(5) |
| Disobeying an injunction | Up to two years, or fine up to one lakh rupees, or both | s. 13(10) |
| Child at imminent risk of marriage brought before the Child Welfare Committee | Anyone listed in JJ Act s. 31 | JJ Act s. 2(14)(xii) |
| Act | Section | Commission's role |
|---|---|---|
| Commissions for Protection of Child Rights Act 2005 | s. 13(1) | General review, inquiry and complaints; inspection of custodial homes |
| Right to Education Act 2009 | s. 31(1) | "examine and review the safeguards for rights provided by or under this Act" and recommend measures |
| POCSO Act 2012 | s. 44(1) | "monitor the implementation of the provisions of this Act" |
| Commissions Act 2005 | s. 25 | States may designate Children's Courts for speedy trial of offences against children, with the High Court's concurrence |
| Area | Centre : State share |
|---|---|
| States and UTs with legislature | 60 : 40 |
| North-Eastern states, Himachal Pradesh, Uttarakhand, Jammu and Kashmir | 90 : 10 |
| UTs without legislature | 100 : 0 |
| Need | Route | Basis |
|---|---|---|
| A child in danger now | Child Helpline 1098, or police | Mission Vatsalya (MWCD); JJ Act s. 31 |
| Sexual offence against a child | Police or Special Juvenile Police Unit; online material via cybercrime.gov.in | POCSO s. 19 |
| Child out of school or refused admission | Local authority, then the state commission | RTE Act ss. 32 and 31 |
| Child working | Labour inspector, police, or the Child Welfare Committee | Child Labour Act 1986 as amended; JJ Act s. 2(14)(ii) |
| Marriage planned for a child | Child Marriage Prohibition Officer, Judicial Magistrate, police | PCMA ss. 13 and 16 |
| Systemic violation | NCPCR or SCPCR complaint; High Court writ | CPCR Act s. 13(1)(j); Constitution Art. 226 |
| Country | Main child law | Child means | Key bodies |
|---|---|---|---|
| India | JJ Act 2015; POCSO 2012; RTE 2009 | Under 18 (JJ, POCSO); 6-14 (RTE) | Child Welfare Committees; Juvenile Justice Boards; NCPCR |
| Bangladesh | Children Act 2013 (Shishu Ain) | Up to 18 (s. 4) | National, district and upazila Child Welfare Boards; Child Affairs Desk at police stations; Children's Court |
| Nepal | Act relating to Children 2018 (Act 23 of 2075) | Under 18 | National Child Rights Council (s. 59); Child Welfare Authority; Juvenile Court |
| Pakistan (federal) | Juvenile Justice System Act 2018 (Act XXI of 2018) | Under 18 (s. 2(b)) | Juvenile Justice Committees for diversion; juvenile courts |
| Sri Lanka | Children and Young Persons Ordinance No. 48 of 1939; Penal Code as amended | Ordinance: child under 14, young person under 16 | Juvenile courts |
| # | Question | If no |
|---|---|---|
| 1 | Do we know which law defines "child" for this activity? | Check the age table in Section 04 |
| 2 | Have we mapped who is excluded (Art. 2)? | Add caste, disability, migration, documents to the baseline |
| 3 | Is there a written best-interests assessment for decisions about individual children? | Use GC 14's procedural test |
| 4 | Have children been consulted on the design (Art. 12)? | Run age-appropriate consultation before finalising |
| 5 | Is there a POCSO reporting procedure? | Write one; name the reporter and police station |
| 6 | Do staff and partners sign a code of conduct? | See Safeguarding and PSEA 101 |
| # | Question | If no |
|---|---|---|
| 7 | Are photos and stories cleared for identification risk (JJ s. 74)? | Remove identifying detail |
| 8 | Do we know the district's CWC, JJB, CMPO and DCPU contacts? | Collect them before launch |
| 9 | Does data collection have parental consent and child assent? | See ICMR 2017, section 6.5, and Section 12 of this deck |
| 10 | Will personal data of children be processed? | Plan for DPDP s. 9 from 13 May 2027 |
| 11 | Is there a feedback route children can use safely? | Set one up and test it |
| 12 | Do outcome indicators track children's situation a year later? | Add follow-up indicators |
| Situation | Law | Body to approach | Time limit in law |
|---|---|---|---|
| Disclosure of sexual abuse | POCSO 2012 s. 19 | Police or SJPU | Police to inform CWC and Special Court within 24 hours (s. 19(6)) |
| Child found alone, working or begging | JJ Act 2015 ss. 2(14), 31 | Child Welfare Committee | Produce the child within 24 hours, excluding travel (s. 31) |
| Child arrested | JJ Act 2015 ss. 10, 12 | Juvenile Justice Board | Bail is the default (s. 12(1)) |
| Child marriage arranged | PCMA 2006 s. 13 | Judicial Magistrate; CMPO | Interim injunction possible without notice in urgency |
| Admission refused or fee demanded | RTE 2009 ss. 12, 13 | Local authority; SCPCR | Local authority to decide within three months (s. 32) |
| Teacher beats a child | RTE s. 17; JJ s. 75 | School authority; police for cruelty | Disciplinary action; criminal case where s. 75 applies |
| Children's data in an app or survey | DPDP 2023 s. 9 | Data Protection Board | Obligations apply from 13 May 2027 |
| Mistake | Why it matters | Better practice |
|---|---|---|
| Quoting the CRC as if it were an Indian statute | Treaties take effect in India through Indian law and its interpretation | Cite the Indian Act, then the CRC as an interpretive aid |
| Using an old scheme name in a proposal | "Child Protection Services" now sits inside Mission Vatsalya | Use current names and guideline dates |
| Treating every adolescent relationship as abuse | Criminalises young people; a complaint can be a family's weapon against a daughter's partner | Report as the law requires, and support both young people |
| Rescue without rehabilitation | Children return to work | Plan income, school and follow-up before removal |
| Publishing identifiable stories | Breaks JJ s. 74; harms the child | Remove names, places, schools, faces |
| Consulting children once, at the end | Tokenism (Hart's ladder) | Involve children from design, and report back what changed |
| Collecting more child data than needed | Risk under DPDP s. 9 from 2027 | Minimise and delete |
| Risk | Example | Safeguard |
|---|---|---|
| Tokenism | A child speaker at a conference whose words were written by staff | Let children set their own message, or do not invite them |
| Exposure | A child names an abusive employer at a public hearing | Anonymity; group presentation; a protection plan before and after |
| Burden | Children asked again and again for their stories | Ask only what will be used; share findings back |
| Exclusion | Only articulate, schooled, urban children are consulted | Reach working, disabled and out-of-school children deliberately (Art. 2) |
| Broken promises | Views collected, nothing changes, nobody explains | Report back, including when the answer is no (Lundy's influence) |
| Age | Assent required (Box 6.6) |
|---|---|
| Under 7 | No need to document assent |
| 7 to 12 | Verbal or oral assent, in the presence of parents or LAR, recorded |
| 12 to 18 | Written assent, also signed by parents or LAR |