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ImpactMojo 101 Series · Free Forever
Child
Rights
101
The UN Convention on the Rights of the Child, India's Constitution and child laws, the institutions that enforce them, neighbours' frameworks, participation, and children in data and research, for development practitioners in South Asia
100 SlidesSouth Asia FocusFree ForeverCRC, JJ Act and POCSO
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What we cover
01
Why child rights
Slides 3–9
02
The Convention and its four principles
Slides 10–18
03
Protocols, the Committee and reporting
Slides 19–26
04
India's constitutional framework
Slides 27–33
05
Juvenile justice: the JJ Act 2015
Slides 34–42
06
Sexual offences: the POCSO Act 2012
Slides 43–51
07
Education and child labour
Slides 52–61
08
Child marriage
Slides 62–69
09
Institutions and schemes
Slides 70–76
10
Neighbours' frameworks
Slides 77–82
11
Putting it to work
Slides 83–90
12
Participation, research and data
Slides 91–99
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01
Section One
Why child rights
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Children hold rights of their own, here and now
Child rights
Entitlements that every person below eighteen holds as a person, set out in the UN Convention on the Rights of the Child (1989) and in national law. They cover survival, development, protection and participation, and they bind the state, which must respect them, protect children from others who would breach them, and provide what is needed to realise them.
The welfare view
Children are objects of care. Adults decide what is good for them, and services are a matter of charity or policy choice. A child who is not helped has no complaint, only bad luck. Programmes in this frame count beneficiaries and rarely ask children anything.
The rights view
Children are holders of claims. The state owes them specific things, can be asked to account, and must take their views into account as they grow. A child who is not helped has been wronged, and someone has a duty to put it right.
Most South Asian child policy still mixes the two. Practitioners need to read which frame a scheme, a court order or a donor log-frame is using, because it changes what counts as success.
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Rights change four questions a programme has to answer
A development project that touches children (a school meal, a vaccination drive, a survey, a livelihood grant to a mother) already affects their rights. The rights frame adds four questions that a needs assessment on its own tends to skip.
QuestionWhat it asksWhere it comes from
Who is left out?Which children are excluded by caste, disability, gender, migration or lack of documents, and whyCRC 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 donorCRC Article 3(1)
Is the child safe?Whether the activity creates risks of abuse, exploitation or exposure, and who responds if harm happensCRC 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 ageCRC Article 12
None of these needs a lawyer. Each needs someone in the team whose job is to ask it before the design is fixed.
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Three numbers that frame child rights in India
472 million
children up to 18 in India, almost 39 per cent of the population
PIB explainer on Mission Vatsalya, 11 August 2023
35.5%
children under five stunted in India
NFHS-5 (2019-21), DHS Program API, CN_NUTS_C_HA2
1,87,702
crimes against children registered in India in 2024, up from 1,77,335 in 2023; 42.3 per lakh children
NCRB, Crime in India 2024, Vol. I, Tables 4A.1 and 4A.2
These three numbers point at three families of rights. The first is a reminder that child policy in India is population policy. The second is a survival and development right: stunting is measured damage to growth that is hard to reverse after the first years. The third is a protection right, and it counts only what was reported to the police.
Read the crime figure carefully. A rise in registered cases can mean more abuse, more reporting, or both. The National Crime Records Bureau counts First Information Reports, so better access to police and mandatory reporting under POCSO both push the number up.
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One way to group the rights: survive, develop, be protected, take part
Survival and development
Life, health, nutrition, birth registration and an adequate standard of living (CRC Articles 6, 7, 24, 27). Education and early childhood care (Articles 28 and 29). Play and rest (Article 31). In India these run through ICDS, the school system and health missions.
Protection
Freedom from violence, abuse and neglect (Article 19), economic exploitation (Article 32) and sexual exploitation (Article 34), and fair treatment in the justice system (Articles 37 and 40). In India: the JJ Act, POCSO, the child labour and child marriage laws.
Participation
Expressing views and having them weighed (Article 12), freedom of expression, thought and association (Articles 13 to 15), access to information (Article 17). The least implemented family almost everywhere.
Cross-cutting duties
Non-discrimination (Article 2) and best interests (Article 3) apply to all the others. For economic, social and cultural rights the state must act to the maximum extent of available resources (Article 4), and must make the Convention known to adults and children (Article 42).
The grouping is a teaching device. The Convention itself treats rights as indivisible: a child out of school is more exposed to labour and early marriage.
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Who owes what to whom
Rights only mean something if you can name the person or body that owes the duty. In child rights work there are several layers, and practitioners often sit in more than one.
Duty bearerTypical dutiesIndian example
State (Union and states)Make laws, fund services, set up courts and commissions, report to the UN CommitteeMinistry of Women and Child Development; state departments; NCPCR and SCPCRs
Statutory bodiesDecide individual cases about childrenChild Welfare Committees and Juvenile Justice Boards under the JJ Act 2015 (ss. 27 and 4)
InstitutionsRun schools, homes and hospitals safely; report abuseA school's duty to report under POCSO s. 19, and the penalty for an institution's head under s. 21(2)
Parents and guardiansCare, guidance, educationConstitution Article 51A(k): parents to provide opportunities for education from six to fourteen
EveryoneReport sexual offences against childrenPOCSO s. 19(1) applies to "any person"
Once an NGO runs a home, a school or a helpline, it carries statutory duties of its own.
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Rights talk can be used against the children it names
Three misuses to watch for
Protection as control: confining adolescent girls "for their safety". Rescue without consent: raids that remove working children and return them to the same poverty with no follow-up. Criminalising adolescents: using a sexual offences law against two sixteen-year-olds in a relationship, the problem the Law Commission's 283rd Report (2023) took up.
What the Convention says instead
Measures must serve the child's best interests (Article 3), respect the child's evolving capacities (Article 5), and give due weight to the child's views (Article 12). Detention is a measure of last resort and for the shortest time (Article 37(b)).
The test for any intervention: would the child, once old enough to judge, agree that it was done for them? If the honest answer is no, re-examine the design.
This deck returns to these tensions in the sections on juvenile justice, POCSO and child marriage, where the law's protective intent and its effects on adolescents can diverge.
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02
Section Two
The Convention and its four principles
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The UN Convention on the Rights of the Child, 1989
20 Nov 1989
adopted by the UN General Assembly, resolution 44/25
OHCHR, text of the Convention
2 Sep 1990
entry into force, under Article 49
OHCHR; UN Treaty Collection
196
States parties; 140 states signed first
UN Treaty Collection, status as at 6 October 2026
The Convention has 54 articles in three parts. Part I (Articles 1 to 41) sets out rights, Part II (Articles 42 to 45) deals with monitoring, and Part III with signature and entry into force. Article 1 defines a child as every human being below eighteen, unless majority is attained earlier under the law applicable to the child.
The United States signed on 16 February 1995 and has not ratified (UN Treaty Collection). Under the Vienna Convention on the Law of Treaties 1969, Article 18(a), a signatory must refrain from acts that would defeat the treaty's "object and purpose" until it makes clear it will not become a party; the treaty's obligations bind a state only once it ratifies or accedes.
Near-universal ratification means the Convention is the shared vocabulary of child rights. When a government, a donor and an NGO disagree, it is usually the common text they can all be held to.
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Every South Asian state is a party
StateSignedRatified or accededNote
Bangladesh26 Jan 19903 Aug 1990Reservation to Art. 14(1); Art. 21 subject to existing law
Bhutan4 Jun 19901 Aug 1990
Nepal26 Jan 199014 Sep 1990
Pakistan20 Sep 199012 Nov 1990
Maldives21 Aug 199011 Feb 1991Reservations including on adoption
Sri Lanka26 Jan 199012 Jul 1991
Indianot signed11 Dec 1992 (accession)Declaration on Art. 32, child labour
Afghanistan27 Sep 199028 Mar 1994
Source: UN Treaty Collection, status as at 6 October 2026, Chapter IV.11. India acceded without signing first, which has the same legal effect as ratification. The Commissions for Protection of Child Rights Act 2005, s. 2(b), describes the Convention as "ratified by the Government of India on the 11th December, 1992".
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India accepted Article 32 with a stated plan to phase it in
the Government of India undertakes to take measures to progressively implement the provisions of article 32, particularly paragraph 2 (a), in accordance with its national legislation and relevant international instruments to which it is a State Party.
Declaration of India on accession, 11 December 1992 (UN Treaty Collection)
Article 32 protects children from economic exploitation and harmful work, and paragraph 2(a) asks states to set a minimum age for admission to employment. India's declaration noted that "children of different ages do work in India" and that it was "not practical immediately" to set minimum ages for every area of employment.
Read the 2016 amendment to the child labour law (Section 07) as the follow-through: it banned all employment below fourteen, with exceptions, and hazardous work below eighteen. A declaration is a promise with a timetable left open, and civil society can hold the state to it.
Bangladesh and the Maldives entered reservations; Pakistan's original reservation is not covered here. Check the current text on the UN Treaty Collection before quoting any state's reservations.
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Non-discrimination: Article 2
States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
CRC Article 2(1)
Two features worth noticing
It covers every child "within their jurisdiction", so refugee, stateless and migrant children are included. And it bars discrimination based on the parent's status, so a child cannot be penalised for a father's caste, a mother's religion or a parent's lack of papers.
In South Asian practice
"Social origin" and "birth or other status" are the grounds that reach caste and descent. Disability is named expressly in Article 2, and Article 23 adds a specific right for children with disabilities to a full and decent life with dignity and active participation in the community.
Equal treatment can still produce unequal results. Article 2(2) adds a duty to protect the child against discrimination, which supports targeted measures for the children most likely to be left out.
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Best interests: Article 3(1)
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
CRC Article 3(1)
What the words do
"All actions" covers budgets and laws as well as court cases. "Private social welfare institutions" brings NGOs inside the rule. "A primary consideration" means best interests must be weighed heavily, though other interests can count too. For adoption, Article 21 makes it "the paramount consideration".
How the Committee reads it
General comment No. 14 (2013) treats best interests as a right, a principle for interpreting law, and a rule of procedure: decisions should show how the child's interests were assessed and weighed (Committee on the Rights of the Child).
India's JJ Act 2015, s. 3(iv), writes it into domestic law as the "principle of best interest": all decisions about a child are to be based on the child's best interest and help the child develop full potential.
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Life, survival and development: Article 6
1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
CRC Article 6
The first paragraph is a negative duty: do not take a child's life. The second is a positive duty with a resource clause, "to the maximum extent possible". Development in the Convention is broad: physical, mental, spiritual, moral and social, as Article 27 later spells out for the standard of living.
This is the principle behind nutrition, immunisation, early childhood care and safe water. It is also behind Article 7, registration immediately after birth, because a child who is not recorded is invisible to every scheme that follows.
35.5%
stunted under-fives, India
NFHS-5 (2019-21), DHS Program API
24.8%
stunted under-fives, Nepal
Nepal DHS 2022, DHS Program API
23.6%
stunted under-fives, Bangladesh
Bangladesh DHS 2022, DHS Program API
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Respect for the child's views: Article 12
States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
CRC Article 12(1)
Article 12 carries two duties
Children must be able to express views, and those views must be given due weight. Hearing a child and then ignoring what they said satisfies the first half only. The weight given grows with the child's age and maturity.
Article 12(2)
The child must have the opportunity to be heard in any judicial and administrative proceeding affecting the child, directly or through a representative. Custody, adoption, a Child Welfare Committee inquiry and a school expulsion are all covered.
Section 12 of this deck returns to participation: models for doing it, and the ethics of asking children to speak.
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The four principles read as a set
UNICEF describes the four as the core principles of the Convention: non-discrimination, devotion to the best interests of the child, the right to life, survival and development, and respect for the views of the child (UNICEF Armenia, "Four principles of the Convention", 24 June 2019). They are meant to be applied to every other right.
Right in questionNon-discrimination asksBest interests asksSurvival and development asksViews asks
School admissionAre 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 careAre 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 surveyAre hard-to-reach children sampled?Does the interview risk harm?Does the data lead to services?Did the child assent?
Use this grid as a design check. A blank cell is a question nobody on the team has answered.
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03
Section Three
Protocols, the Committee and reporting
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Three optional protocols extend the Convention
An optional protocol is a separate treaty that a state chooses to join. The first two add protection against involvement in armed conflict and against sale, prostitution and pornography; the third lets children, or people acting for them, bring complaints to the Committee.
ProtocolAdoptedIn forcePartiesCore duty
Involvement of children in armed conflict (OPAC)25 May 2000, A/RES/54/26312 Feb 2002173No 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/54/26318 Jan 2002178Criminalise the listed offences; cooperate across borders
Communications procedure (OPIC)19 Dec 2011, A/RES/66/13814 Apr 201454Children or their representatives can complain to the Committee after domestic remedies
Source: UN Treaty Collection, status as at 6 October 2026, Chapter IV.11b, 11c and 11d; UNICEF, "Optional Protocols".
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South Asia and the protocols
StateOPAC ratifiedOPSC ratifiedOPIC (complaints)
Bangladesh6 Sep 20006 Sep 2000Not a party
Sri Lanka8 Sep 200022 Sep 2006Not a party
Maldives29 Dec 200410 May 2002Ratified 27 Sep 2019
India30 Nov 200516 Aug 2005Not a party
Nepal3 Jan 200720 Jan 2006Not a party
Bhutan9 Dec 200926 Oct 2009Not a party
Pakistan17 Nov 20165 Jul 2011Not a party
Afghanistan24 Sep 2003 (accession)19 Sep 2002 (accession)Not a party
Source: UN Treaty Collection, status as at 6 October 2026. The pattern is consistent: every state has accepted the substantive protocols, and only the Maldives has accepted the complaints procedure.
For an Indian child, this means there is no route to the UN Committee for an individual complaint. Remedies run through Indian courts, the NCPCR and state commissions.
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What South Asian states declared under OPAC
OPAC Article 3(2) requires each state to declare the minimum age at which it permits voluntary recruitment. The declarations below are quoted or summarised from the UN Treaty Collection.
India
"The minimum age for recruitment of prospective recruits into Armed Forces of India (Army, Air Force and Navy) is 16 years. After enrollment and requisite training period, the attested Armed Forces personnel is sent to the operational area only after he attains 18 years of age." Recruitment is stated to be voluntary.
Bangladesh
Sixteen for non-commissioned soldiers and seventeen for commissioned officers, with informed consent of a parent or legal guardian.
Nepal
"The minimum age for recruitment in the Nepal Army and the Armed Police Force shall be 18 years."
Sri Lanka
No compulsory recruitment; recruitment voluntary; "the minimum age for voluntary recruitment into national armed forces is 18 years."
The protocol permits voluntary recruitment below eighteen with safeguards, which is why the declared ages differ. The rule against direct participation in hostilities under eighteen applies to all.
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The Committee on the Rights of the Child
18
independent experts, elected by States parties
CRC Article 43(2), as amended
2 years
first report due after the Convention enters into force for a state
CRC Article 44(1)(a)
5 years
periodic reports thereafter
CRC Article 44(1)(b)
Members serve in their personal capacity, with attention to equitable geographical distribution and the principal legal systems. The Committee started with ten members. General Assembly resolution 50/155 of 21 December 1995 replaced "ten" with "eighteen", and the amendment entered into force on 18 November 2002 (UNICEF text of the Convention, note to Article 43).
The Committee does not issue binding judgments under the Convention itself. It reviews reports, adopts concluding observations with recommendations, and writes general comments that interpret the Convention. Under OPIC it can also decide individual complaints against states that accepted the protocol.
Concluding observations carry weight because they are specific, public and revisited at the next review. They give NGOs and commissions a public, dated benchmark to measure the government against.
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How a periodic review works
01
STATE REPORT: the government reports on measures and difficulties (Art. 44)
→
02
ALTERNATIVE REPORTS: NGOs, children's groups and national institutions submit their own
→
03
LIST OF ISSUES: the Committee asks follow-up questions
→
04
DIALOGUE: the delegation answers in Geneva
→
05
CONCLUDING OBSERVATIONS: published recommendations
→
06
FOLLOW-UP: civil society tracks implementation until the next cycle
Under the simplified reporting procedure the order changes: the Committee sends a list of issues before the report, and the state's replies become the report. This shortens the paperwork and lets the Committee focus questions.
Practitioners enter at step two. An alternative report built from programme data, case files and children's own accounts is often the most concrete evidence the Committee sees.
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India's reviews before the Committee
ItemDetailSource
Combined third and fourth reportDue 10 July 2008; submitted 26 August 2011OHCHR treaty body database, India
Concluding observationsCRC/C/IND/CO/3-4, adopted 13 June 2014 (66th session)OHCHR treaty body database
OPAC and OPSC reviewsCRC/C/OPAC/IND/CO/1 and CRC/C/OPSC/IND/CO/1, both 13 June 2014OHCHR treaty body database
Civil society inputAlternative reports from groups including the India Alliance for Child RightsOHCHR 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 2026OHCHR treaty body database, viewed 6 October 2026
More than twelve years have passed since India's last full review. That gap is itself a finding worth stating in an alternative report: the Convention's reporting rhythm is five years (Article 44(1)(b)).
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General comments: the Committee's reading of the text
A general comment is the Committee's authoritative interpretation of an article or a theme. It is not a treaty, but courts, governments and donors rely on it to fill gaps in the text. Five that practitioners in South Asia use often:
  • No. 14 (2013): best interests as a primary consideration, Art. 3(1)
  • No. 19 (2016): public budgeting for children's rights, Art. 4
  • No. 20 (2016): rights during adolescence
  • No. 24 (2019): children's rights in the child justice system
  • No. 26 (2023): children's rights and the environment, with a focus on climate change
How to use one
General comment No. 14 describes best interests as a "threefold concept": a substantive right, an interpretive legal principle, and a rule of procedure. The procedural part is the useful one for an NGO: "the decision-making process must include an evaluation of the possible impact (positive or negative) of the decision on the child". Ask to see that evaluation.
Titles and years are from the OHCHR treaty body database; GC 14 wording from CRC/C/GC/14, paragraph 6.
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04
Section Four
India's constitutional framework
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Five articles that speak about children
ArticlePartWhat it says
15(3)III, fundamental rightNothing in Article 15 prevents the State from making "any special provision for women and children"
21AIII, 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."
24III, 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 principleThe 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"
45IV, directive principle"The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."
Text as it stands today, from constitutionofindia.net. Article 51A(k), a fundamental duty, adds that a parent or guardian is to provide opportunities for education to a child between six and fourteen.
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Enforceable rights and guiding principles
Part III: fundamental rights
Articles 15(3), 21A and 24 are justiciable. A person can go to a High Court under Article 226 or the Supreme Court under Article 32 to enforce them. Article 24 is worded as a flat prohibition, "No child below the age of fourteen years shall be employed", without naming who employs, which is why petitions about factories and private workplaces have relied on it.
Article 15(3) in practice
It is the constitutional basis for laws and schemes that treat children differently from adults: special courts under POCSO, reserved admission under the RTE Act, separate procedures under the JJ Act. Without it, such provisions could be attacked as unequal treatment.
Part IV: directive principles
Articles 39(e), 39(f) and 45 are "not enforceable by any court" (Article 37), but are "fundamental in the governance of the country". Courts read them alongside fundamental rights, especially Article 21 (life and personal liberty), to give content to rights that the text leaves open.
Why the tiers matter
Early childhood care (Article 45) remains a directive principle. Education from six to fourteen became a fundamental right only in 2002. A child of four has a weaker constitutional claim than a child of six.
The Indian Constitution 101 deck explains Parts III and IV and the writ jurisdiction in detail.
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How education became a fundamental right
01
1950: Article 45 directs the State to provide free and compulsory education until 14 within ten years
→
02
1960 deadline passes without universal schooling
→
03
12 Dec 2002: Constitution (Eighty-sixth Amendment) Act inserts Article 21A
→
04
Same Act rewrites Article 45 for children under six and adds Article 51A(k)
→
05
2009: Right of Children to Free and Compulsory Education Act gives 21A its content
→
06
1 April 2010: Article 21A and the RTE Act come into effect
The original Article 45 read: "The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years." The ten-year target was missed by decades.
Article 21A says education will be provided "in such manner as the State may, by law, determine". The right exists only as the RTE Act shapes it, which is why changes to that Act (such as the 2019 amendment on holding children back) matter constitutionally.
Sources: constitutionofindia.net (original Article 45); text of the Eighty-sixth Amendment Act, dated 12 December 2002; Accountability Initiative brief reproducing the Ministry of Education's RTE note ("Article 21-A and the RTE Act came into effect on 1 April 2010").
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Article 24 and the courts: the Sivakasi case
In M.C. Mehta v. State of Tamil Nadu (Supreme Court, 10 December 1996), a public interest petition under Article 32 concerned children in Sivakasi's match and fireworks factories. The Court chose to treat child labour as a national problem.
What the Court ordered
Employers illegally employing children were to pay Rs 20,000 per child into a Child Labour Rehabilitation-cum-Welfare Fund, used only for that child. The government was to give an adult family member a job or contribute Rs 5,000 per child. Families offered jobs had a duty to send the child to school.
Why it still matters
The order tied a constitutional prohibition to money and to schooling. The 2016 amendment to the child labour law later created a Child and Adolescent Labour Rehabilitation Fund for every district (s. 14B): employers' fines go into it, the government adds Rs 15,000 for each child, and the money is paid to the child. It follows the same logic.
Source: CRIN Legal Library summary of M.C. Mehta v. State of Tamil Nadu (1996); Child Labour (Prohibition and Regulation) Amendment Act 2016 (No. 35 of 2016), s. 19, inserting s. 14B.
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Courts build child rights out of Article 21
The Supreme Court has repeatedly read Article 21 (the right to life and personal liberty) together with the directive principles and the CRC. Two recent examples show the method:
Independent Thought v. Union of India (2017)
Decided 11 October 2017 by Justices Madan B. Lokur and Deepak Gupta. The Court held that sexual intercourse with a girl below eighteen is rape "regardless of whether she is married or not", removing the protection the marital exception in the Indian Penal Code gave husbands of girls aged 15 to 18.
Society for Enlightenment and Voluntary Action v. Union of India (2024)
Decided 18 October 2024, 2024 INSC 790. The Court held that child marriage infringes Article 21 and Article 21A, issued guidance on enforcing the 2006 Act, and said "Parliament may consider outlawing child betrothals". It stressed prevention: enforcement "must not be solely focused on increasing prosecutions".
The Bharatiya Nyaya Sanhita 2023, s. 63, Exception 2, now reads "the wife not being under eighteen years of age", writing the 2017 holding into the new penal code. Sources: legalauthority.in and Verdictum case reports; Bharatiya Nyaya Sanhita 2023 (Act 45 of 2023), s. 63.
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Indian law has no single age of childhood
PurposeAgeLaw
Child for juvenile justiceUnder 18JJ Act 2015, s. 2(12)
Child for sexual offencesUnder 18POCSO Act 2012, s. 2(1)(d)
Child for personal dataUnder 18DPDP Act 2023, s. 2(f)
Right to education6 to 14Article 21A; RTE Act 2009, s. 2(c)
Early childhood careUnder 6Article 45
Child for labour lawUnder 14 (or the RTE age, if higher)Child and Adolescent Labour Act 1986, s. 2(ii), as amended 2016
Adolescent for labour law14 to 18Same Act, s. 2(i)
Child for marriageFemale under 18; male under 21Prohibition of Child Marriage Act 2006, s. 2(a)
No criminal liabilityUnder 7; 7 to 12 if immatureBharatiya Nyaya Sanhita 2023, ss. 20 and 21
Check which definition a programme is working under. A fifteen-year-old domestic worker is a "child" under the JJ Act and POCSO, an "adolescent" under labour law, and outside the RTE Act's guarantee.
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05
Section Five
Juvenile justice: the JJ Act 2015
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One Act, two groups of children
Child in conflict with law
"A child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence" (s. 2(13)). The deciding body is the Juvenile Justice Board, one or more in every district (s. 4).
Age is fixed at the date of the offence, so a person arrested at nineteen for something done at seventeen is still dealt with under the Act.
Child in need of care and protection
Twelve situations listed in s. 2(14), from a child without a home or found working or begging, to a child at "imminent risk of marriage before attaining the age of marriage". The deciding body is the Child Welfare Committee, one or more in every district (s. 27).
A child can move between the doors: a working child picked up in a raid is a child in need of care, and must not be processed as an offender.
The Juvenile Justice (Care and Protection of Children) Act 2015 replaced the 2000 Act. It passed the Lok Sabha on 7 May 2015 and the Rajya Sabha on 22 December 2015 (PRS Legislative Research) and received assent on 31 December 2015 as Act No. 2 of 2016. Section numbers here are checked against that Act as published in the Gazette of India.
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Sixteen principles in section 3 govern every decision
  • Presumption of innocence up to eighteen
  • Dignity and worth
  • Participation: the right to be heard
  • Best interest
  • Family responsibility
  • Safety
  • Positive measures
  • Non-stigmatising semantics
  • Non-waiver of rights
  • Equality and non-discrimination
  • Right to privacy and confidentiality
  • Institutionalisation as a measure of last resort
  • Repatriation and restoration
  • Fresh start
  • Diversion
  • Natural justice
Section 3 says the Central Government, the State Governments, the Board "and other agencies" shall be guided by these principles while implementing the Act. That includes NGOs running homes, open shelters and helplines under the Act.
"Non-stigmatising semantics" is a working rule. Case files, reports and donor updates should not call children "juvenile delinquents", "accused" or "rescued girls".
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Juvenile Justice Boards and what they can order
Composition (s. 4(2))
A Metropolitan Magistrate or Judicial Magistrate of the First Class with at least three years' experience (the Principal Magistrate), and two social workers, at least one a woman, sitting as a Bench.
Bail as the rule (s. 12(1))
A child apprehended for a bailable or non-bailable offence "shall" be released on bail or placed under supervision, unless release would bring the child into association with a known criminal, expose the child to danger, or defeat the ends of justice.
Orders after inquiry (s. 18(1))
Advice or admonition; group counselling; community service; a fine; probation of good conduct with a parent, guardian or fit person; and at the far end, a special home for up to three years with education, skills and counselling.
Sentences that are barred (s. 21)
No child in conflict with law "shall be sentenced to death or for life imprisonment without the possibility of release", under this Act, the penal code or any other law. This mirrors CRC Article 37(a).
Offences are graded by maximum punishment: petty (up to three years, s. 2(45)), serious (three to seven years, s. 2(54)), heinous (minimum seven years or more, s. 2(33)).
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The 2015 change: trying some sixteen-year-olds as adults
01
Heinous offence alleged; child aged 16 or 17 at the time
→
02
Board conducts a preliminary assessment of mental and physical capacity, understanding of consequences, and circumstances (s. 15(1))
→
03
If trial as an adult is needed, Board transfers the case to the Children's Court (s. 18(3))
→
04
Children's Court decides afresh: try as an adult under the CrPC, or inquire as a Board (s. 19(1))
→
05
Even if tried as an adult: no death sentence, no life without release (s. 21)
This was the most contested part of the 2015 Act. Under the 2000 Act every person under eighteen at the time of the offence was dealt with as a child. PRS noted that the Standing Committee examining the Bill "observed that the Bill was based on misleading data regarding juvenile crimes".
Set against the CRC: General comment No. 24 (2019), para. 30, recommends that states which "allow by way of exception that certain children are treated as adult offenders (for example, because of the offence category)" change their laws so the child justice system applies fully to everyone below eighteen at the time of the offence.
Sources: JJ Act 2015 ss. 15, 18, 19, 21 (Act No. 2 of 2016, Gazette of India); PRS bill page; CRC/C/GC/24, paras. 29-30.
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Child Welfare Committees decide for children in need of care
Composition (s. 27(2))
A Chairperson and four other members, at least one a woman and another an expert on matters concerning children. The District Child Protection Unit provides the secretary and staff (s. 27(3)).
What a Committee decides
Whether a child brought before it needs care and protection, where the child should live in the meantime, whether to restore the child to family, place the child in family-based care or an institution, or declare the child legally free for adoption.
Who brings a child
Section 31(1) lists police and labour inspectors, any public servant, Childline services or a recognised NGO, a probation officer, "any social worker or a public spirited citizen", the child, and any nurse, doctor or hospital. The child must be produced within twenty-four hours, excluding travel time.
A common failure
Children kept for months in a home "pending inquiry" because the Committee sits rarely, files are incomplete, or no one traces the family. Delay is a decision, and it is usually the institution's.
When a programme finds a child at risk, the Committee is the statutory route. Informal "placement" with a relative or a hostel without a Committee order leaves the child outside the Act's safeguards.
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Family first, institution last
OptionWhat it isWhen it fits
Restoration to familyReturn to parents or guardian, with follow-upThe default, once the risk is addressed
SponsorshipFinancial support so a child can stay with familyPoverty is the main reason for separation
Family-based alternative carePlacement with another family under a Committee orderFamily unsafe or unavailable; child needs a home now
AdoptionPermanent legal transfer of parenthoodChild declared legally free; CRC Article 21 makes best interests "the paramount consideration"
Child care institutionChildren's home, open shelter, specialised adoption agencyShort term or where no family option exists
After careSupport after leaving an institution at eighteenTransition to adult life
Section 3(xii) of the JJ Act makes institutionalisation "a measure of last resort". Mission Vatsalya's components include institutional care and "non-institutional community-based care", with sponsorship as one route (PIB explainer, 11 August 2023).
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What changed in 2021
Adoption orders move to the District Magistrate
Under the 2015 Act a civil court issued the final adoption order. The 2021 amendment gives that power to the District Magistrate, including an Additional District Magistrate. The Statement of Objects and Reasons cited delay in courts (PRS Legislative Research).
"Serious offences" widened
The amendment adds to serious offences those with a maximum punishment above seven years where no minimum, or a minimum under seven years, is prescribed. These were previously unclassified.
Issues PRS raised
Whether an administrative officer should make an order creating a permanent legal relationship; whether 629 pending adoption cases (July 2018) justified the shift; and that in 2019 only 17 of 35 states and union territories had all the bodies the Act requires in every district.
Passage: Lok Sabha 24 March 2021, Rajya Sabha 28 July 2021 (PRS bill track). A similar 2018 Bill lapsed with the 16th Lok Sabha.
The infrastructure gap is the practical point. A right to a Child Welfare Committee is empty in a district that does not have one sitting regularly.
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The JJ Act also punishes adults
SectionConductMaximum punishment
74Media 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 witnessSix months, or fine up to two lakh rupees, or both (s. 74(3))
75Cruelty by a person in charge of a child: assault, abandonment, abuse, exposure or wilful neglect likely to cause unnecessary sufferingThree years, or fine of one lakh rupees, or both
76Employing or using a child for beggingFive years and fine of one lakh rupees
79Keeping a child in bondage for employment, or withholding the child's earnings; "employment" includes selling goods and services and entertainment in public placesRigorous imprisonment up to five years and fine of one lakh rupees
Section 74 binds NGOs as much as newspapers. A case study, a photograph on a fundraising page or a donor report that lets a reader identify a child in the system breaks the law. The Safeguarding and PSEA 101 deck covers image consent.
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06
Section Six
Sexual offences: the POCSO Act 2012
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A gender-neutral law for every person under eighteen
< 18
a child is "any person below the age of eighteen years"
POCSO Act 2012, s. 2(1)(d)
69,191
POCSO cases registered in India in 2024, 36.9% of crimes against children (67,694 in 2023)
NCRB, Crime in India 2024, Vol. I; 2023 figure from Crime in India 2023 via PTI
14 Nov 2012
date the Act came into force
Notification S.O. 2705(E), noted in the Act's text
The Protection of Children from Sexual Offences Act passed the Rajya Sabha on 10 May 2012 and the Lok Sabha on 22 May 2012 (PRS). It defines offences without reference to the sex of victim or offender, so boys are protected on the same terms as girls.
It combines three things the penal code had not: a graded set of offences, child-friendly procedure at every stage from complaint to trial, and a duty on everyone to report. Sections cited below are from the Act as amended in 2019.
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Four graded offences, each with an aggravated form
OffenceDefined inPunishment (as amended 2019)
Penetrative sexual assaults. 3s. 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 assaults. 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. 7s. 8
Aggravated sexual assaults. 9s. 10
Sexual harassment (words, gestures, showing material, stalking)s. 11s. 12
Using a child for pornographic purposes; storing such materialss. 13 to 15ss. 14 and 15
The aggravated forms matter for development workers: an offence by staff of an institution or a person in a position of trust is aggravated. The 2019 amendment added causing the death of the child, and offences "during any natural calamity", as aggravating grounds (Act 25 of 2019, s. 4, in force 16 August 2019).
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Section 19: everyone must report
any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,-- (a) the Special Juvenile Police Unit; or (b) the local police.
POCSO Act 2012, s. 19(1)
Failing to report (s. 21)
Up to six months, or fine, or both, for any person who fails to report. A person in charge of a company or institution who fails to report an offence by a subordinate: up to one year and fine (s. 21(2)). A child cannot be punished for not reporting (s. 21(3)).
Protection for reporters
"No person shall incur any liability, whether civil or criminal, for giving the information in good faith" (s. 19(7)).
The hard cases
Mandatory reporting overrides confidentiality. A counsellor, a doctor treating a pregnant sixteen-year-old, or a researcher who hears a disclosure is bound. Adolescents may then avoid health services. Programmes must tell young people, before they disclose, what the worker will have to do.
Every organisation working with children needs a written POCSO reporting procedure: who reports, to which police station, within what time, and how the child is supported.
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The trial is designed around the child
  • s. 24: statement recorded at the child's home or a place of the child's choice, by a woman officer not below sub-inspector where practicable, not in uniform
  • s. 28: a Court of Session designated as a Special Court in each district
  • s. 29: for offences under ss. 3, 5, 7 and 9, the court presumes the accused committed the offence unless the contrary is proved
  • s. 35: the child's evidence recorded within thirty days of cognizance; trial completed within one year as far as possible
  • s. 36: the child not exposed to the accused while testifying: video link, one-way mirror or curtain
  • s. 44: NCPCR and the state commissions monitor implementation
Within twenty-four hours of a report, the police must inform the Child Welfare Committee and the Special Court, including whether the child needs care and protection (s. 19(6)). Track every statutory timeline in the case file: thirty days for evidence and one year for trial are targets that slip without someone watching.
Source: POCSO Act 2012 as amended, bare text on bnblegal.com.
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Harsher minimums, a definition, and a death penalty
What the Protection of Children from Sexual Offences (Amendment) Act 2019 did
Raised the minimum for penetrative sexual assault from seven to ten years, and to twenty for a child below sixteen. Raised the minimum for aggravated penetrative sexual assault from ten to twenty years and added death as a possible sentence. Inserted a definition of child pornography (s. 2(1)(da)). Act 25 of 2019, in force from 16 August 2019.
The debate
Child rights groups warned that a death penalty for offences mostly committed by family members and acquaintances could deter reporting, because families may not want a relative executed. The Act's own list of aggravated offences (relatives, staff of institutions, persons in positions of trust) shows how often the offender is someone the child knows. Harsher sentences also raise the stakes in adolescent relationship cases (next slide).
For practitioners, the amendment changes little in daily work: the reporting duty, procedures and support duties are the same. It matters for how families weigh the decision to go to the police.
Sources: PRS bill summary of the 2019 Bill; Act text with amendment notes (bnblegal.com).
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When both people are under eighteen, or close to it
POCSO treats any sexual act with a person under eighteen as an offence, whatever the child says. So a consensual relationship between a seventeen-year-old and a nineteen-year-old can lead to a charge of penetrative sexual assault, often filed by the girl's family after an elopement.
Law Commission, 283rd Report (27 September 2023)
Recommended keeping the age of consent at eighteen, saying "an outright reduction in age of consent will open a Pandora's Box". It proposed "guided judicial discretion" in sentencing for children aged sixteen to eighteen where there is "tacit approval of the child, though not consent in law", subject to conditions such as an age gap under three years and no coercion.
As of October 2026 this remains a recommendation; the Act has not been amended to adopt it. Source: The Leaflet's report on the Law Commission's 283rd Report.
What a programme can do
Offer sexual and reproductive health information without waiting for a crisis; explain the reporting duty plainly; connect families to legal aid; and avoid becoming the instrument of a family's complaint against a daughter's partner.
The SRHR Basics 101 deck covers adolescent sexual and reproductive health services in more depth.
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Child sexual exploitation and abuse material
Just Rights for Children Alliance v. S. Harish (2024)
Decided 23 September 2024. The Madras High Court had quashed a case against a man who downloaded and watched such material. The Supreme Court restored it, holding that viewing and storing can fall within s. 15 of POCSO read with s. 67B of the IT Act. It treated even accessing material online as a form of possession, and told courts to use the term "child sexual exploitation and abuse material" (CSEAM).
Source: Bar and Bench analysis, and Casemine commentary, of the judgment.
Section 15 as amended in 2019
s. 15(1): storing or possessing such material and failing to delete, destroy or report it, with intent to share; s. 15(2): storing for transmission or distribution; s. 15(3): storing for commercial purposes.
For organisations
Never forward suspected material, even to report it; that is itself transmission. Note the URL and report to the police or the National Cyber Crime Reporting Portal (cybercrime.gov.in).
The terminology point is practical: "pornography" suggests consent and a commercial product. CSEAM names the abuse.
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Support for the child is part of the legal process
01
Child or adult discloses
→
02
Report to police or Special Juvenile Police Unit (s. 19)
→
03
Police inform the Child Welfare Committee and Special Court within 24 hours (s. 19(6))
→
04
Committee decides whether the child needs care and protection
→
05
Special Court trial with child-friendly procedure
→
06
Compensation and rehabilitation
The Ministry of Women and Child Development runs a "Scheme for Care and Support to Victims under Section 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012", listed on its Mission Vatsalya page alongside the Child Helpline 1098 and PM CARES for Children.
The weak point is often between the report and the trial: the case is filed, and the child can wait months with no counselling, schooling support or legal aid. That is where a support organisation is most useful.
Source: Ministry of Women and Child Development, Mission Vatsalya page (wcd.gov.in), viewed October 2026.
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07
Section Seven
Education and child labour
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The Right of Children to Free and Compulsory Education Act 2009
Free and compulsory
"Free" means no fee, charge or expense that would stop a child from completing elementary education. "Compulsory" puts the duty on the appropriate government and local authority to ensure admission, attendance and completion (Ministry of Education RTE note, reproduced by Accountability Initiative).
  • s. 2(c): a child is "a male or female child of the age of six to fourteen years"
  • s. 3(1): every such child has the right to free and compulsory education "in a neighbourhood School"
  • s. 4: an older child who was never admitted is placed in an age-appropriate class with special training
  • s. 13(1): no capitation fee and no screening of the child or parents at admission
  • s. 17: "No child shall be subjected to physical punishment or mental harassment"
  • s. 21(1): every school has a School Management Committee, at least three-fourths of whose members are parents or guardians
  • s. 25(1): pupil-teacher ratios as specified in the Schedule
  • s. 32(1): grievances go to the local authority
Section text from the Kerala government's Panchayat Wiki copy of Act 35 of 2009 as amended by Act 30 of 2012. The Act gives Article 21A its content, so every one of these is a constitutional entitlement for a child aged six to fourteen.
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A quarter of the seats in private schools
admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group
RTE Act 2009, s. 12(1)(c)
It applies to unaided schools and "specified category" schools. Aided schools have a separate duty in s. 12(1)(b). The state reimburses unaided schools "to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less" (s. 12(2)).
Who qualifies
A "child belonging to disadvantaged group" faces barriers by "social, cultural, economical, geographical, linguistic, gender or such other factor" as the government notifies (s. 2(d)). A "child belonging to weaker section" has parents whose income is below a notified limit (s. 2(e)). States write their own lists.
Where it goes wrong
Online lotteries that families without documents cannot enter; reimbursement paid late, so schools resist; children admitted and then made to feel unwelcome through fees for uniforms, books and trips. Programmes that help families apply, and then stay in touch for the first year, change outcomes.
This provision places a duty on private schools to include poor and disadvantaged children in the same classrooms as fee-paying children. Its value depends on states notifying the categories, funding reimbursement on time and checking that admitted children stay.
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The no-detention rule and its 2019 replacement
Section 16 as enacted in 2009
"No child admitted in a school shall be held back in any class or expelled from School till the completion of elementary education." The idea was that failure is the school's, and holding a child back pushes the child out.
The Right of Children to Free and Compulsory Education (Amendment) Act 2019
Assent 10 January 2019. Substituted s. 16: a "regular examination in the fifth class and in the eighth class at the end of every academic year"; a child who fails gets additional instruction and a re-examination within two months; the appropriate government "may allow schools to hold back a child" who fails again.
What stayed
The new s. 16(4): "No child shall be expelled from a school till the completion of elementary education." And a proviso lets a state decide not to hold back any child at all, so the rule now differs by state.
For practitioners: in states that adopted detention, a child held back in class five is at higher risk of dropping out and starting work. Watch the re-examination window: two months of remedial support is the protection the law promises.
Source: Gazette of India, Act No. 1 of 2019, via PRS Legislative Research.
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Physical punishment is banned, and still common
Section 17(1) of the RTE Act is absolute: "No child shall be subjected to physical punishment or mental harassment." Section 17(2) makes a contravention a matter for disciplinary action under the service rules that apply to the teacher.
The JJ Act 2015 adds a criminal route: s. 82 punishes corporal punishment "with the aim of disciplining the child" in a child care institution (a fine of ten thousand rupees on first conviction), and s. 75 punishes cruelty by anyone in charge of a child. CRC Article 28(2) requires school discipline consistent with the child's dignity.
Why a ban alone does little
Many teachers believe they are only disciplining the child, and many parents agree. A complaint against a teacher can cost a child more than the beating did. Programmes that train teachers in alternatives (the SEL Basics 101 deck) and set up a safe complaint route reach further than circulars.
Nepal goes further
Nepal's Act relating to Children 2018 gives every child the right to protection against physical or mental violence by a "father, mother, other family member or guardian, teacher" and others. The prohibition covers the home.
Section 82 of the JJ Act covers staff of a child care institution only. A beating at school goes through RTE s. 17 and, where the facts fit, the cruelty offence in JJ s. 75.
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The 2016 amendment: a ban below fourteen, with exceptions
GroupRuleSection
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 enterpriseA 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: artistA child may work as an artist in audio-visual entertainment or sports, except the circus, without affecting school educations. 3(2)(b)
Adolescent: 14 to 18Not to be employed in the hazardous occupations and processes in the Schedules. 3A
The Schedule (2016)Mines; inflammable substances or explosives; hazardous processes as defined in the Factories Act 1948Schedule
PenaltySix months to two years, or Rs 20,000 to Rs 50,000, or both; parents not punished unless they permit work for commercial purposess. 14
Source: Child Labour (Prohibition and Regulation) Amendment Act 2016 (No. 35 of 2016, assent 29 July 2016, Gazette of India), in force from 1 September 2016 (S.O. 2823(E)). The Act was renamed the Child and Adolescent Labour (Prohibition and Regulation) Act 1986.
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Why the family enterprise exception is contested
How the law defines it
"Family" means the child's "mother, father, brother, sister and father's sister and brother and mother's sister and brother". "Family enterprise" means work performed by family members "with the engagement of other persons" (s. 3, Explanation). So an uncle's workshop that employs outsiders counts.
The objection
Much child labour in South Asia already happens inside households and small family units: home-based garment work, agriculture, small shops. Critics argued that the exception could legalise the forms that are hardest to inspect, and that "after school hours" is impossible to verify.
The defence
Supporters argued that children helping parents is part of family life and skill transmission, and that a total ban would be ignored and would criminalise poor parents. The proviso to s. 14 reflects this: parents are not punished unless they permit work for commercial purposes.
The practical test for a programme: is the child attending school regularly and learning? If not, the work is interfering with education whatever the legal category, and CRC Article 32(1) applies.
Definitions quoted from the Child Labour (Prohibition and Regulation) Amendment Act 2016 (No. 35 of 2016), s. 5.
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How many children work
10.1 million
children aged 5 to 14 working in India, 3.9% of the age group
Census 2011, cited in ILO fact sheet on child labour in India
138 million
children in child labour worldwide in 2024
ILO and UNICEF, Child Labour: Global estimates 2024 (June 2025)
28 million
in Asia and the Pacific, down from 49 million in 2020
ILO and UNICEF, press release, 11 June 2025
The Census figure counts main and marginal workers aged five to fourteen. It is fifteen years old: the next Census, with reference date 1 March 2027, will be the first new national count since. The ILO notes that child labour in India fell by 2.6 million between 2001 and 2011.
Globally, ILO and UNICEF report around 54 million children in hazardous work, and agriculture accounts for 61 per cent of child labour. The world missed the target of eliminating child labour by 2025.
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Removing a child from work is the start of the job
01
Inspection or rescue: labour inspector, police or helpline
→
02
Child produced before the Child Welfare Committee as a child in need of care (JJ Act s. 2(14)(ii))
→
03
Age determined; statement recorded; employer prosecuted (s. 14 of the 1986 Act; JJ Act s. 79 if bonded)
→
04
Rehabilitation fund: employer's fine credited to the district Child and Adolescent Labour Rehabilitation Fund (s. 14B)
→
05
Restoration with family, school admission under the RTE Act, follow-up
Rescue operations are visible and countable, so they are often what programmes report. The outcome that matters is whether the child is in school and not working a year later.
A child returned to a family in debt, with no income support and no school place, faces the same pressures that sent the child to work. Pair every rescue with a named person responsible for follow-up.
Sources: JJ Act 2015 ss. 2(14), 79; Child and Adolescent Labour Act 1986 ss. 14, 14B, as amended by Act 35 of 2016.
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One child, two laws, one test
AgeEducation lawLabour lawWhat a programme checks
Under 6Article 45: early childhood care, a directive principleCovered by the child labour ban (any work)Enrolment in an anganwadi; nutrition; registration
6 to 14Article 21A and RTE Act: free and compulsory educationBanned except family enterprise after school, and artistsAttendance and learning; hours of work at home
14 to 18No statutory right to free education under the RTE ActAllowed except hazardous Schedule workSecondary enrolment; safety at work; wage and hours
The gap at fourteen is the weak point. A child who finishes class eight at fourteen loses the RTE Act's guarantee in the same year that the labour law first allows non-hazardous work. Programmes should track that transition by name.
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08
Section Eight
Child marriage
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The Prohibition of Child Marriage Act 2006
Child, for this Act
"a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age" (s. 2(a)). A child marriage is one in which either party is a child (s. 2(b)).
Status of the marriage
Voidable "at the option of the contracting party who was a child at the time of the marriage" (s. 3(1)), by petition before the child "completes two years of attaining majority" (s. 3(3)). Void in cases of enticement, force, deceit or sale (s. 12), and void ab initio if solemnised against an injunction (s. 14).
Offences
A male adult above eighteen who contracts a child marriage (s. 9); whoever performs, conducts, directs or abets one (s. 10); a parent, guardian or any person who promotes or permits it (s. 11). Each carries rigorous imprisonment up to two years and a fine up to one lakh rupees, and "no woman shall be punishable with imprisonment" under s. 11. Offences are cognizable and non-bailable (s. 15).
Protection for the girl
Maintenance and residence for the female party (s. 4); custody and maintenance of children (s. 5); children of an annulled child marriage are legitimate (s. 6).
Source: text of Act 6 of 2007 (PRS Legislative Research).
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Ninety years of raising the age
01
1929: Child Marriage Restraint Act sets 14 for girls and 18 for boys
→
02
1978: amendment raises the ages to 18 for women and 21 for men
→
03
2006: Prohibition of Child Marriage Act replaces the 1929 Act, same ages
→
04
Dec 2021: Prohibition of Child Marriage (Amendment) Bill would raise women's age to 21
→
05
June 2024: the Bill lapses with the dissolution of the 17th Lok Sabha
The 2021 Bill followed a task force chaired by Jaya Jaitly, set up in June 2020 to examine age at marriage and motherhood against maternal and child health. It would also have let a person apply for annulment up to five years after majority and overridden "any other law, custom, or practice" (PRS Legislative Research).
PRS asked whether a higher legal age would work when "about a quarter of 20-24 year old women are married before the age of 18 years, despite that being the minimum age of marriage since 1978". The Bill lapsed after being referred to the Standing Committee (PTI report, 8 June 2024).
As of October 2026 the minimum ages remain 18 for women and 21 for men under the 2006 Act.
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Marriage before 18 is falling across South Asia, at different speeds
Women aged 20-24 first married by age 18 (%)
DHS surveys via the DHS Program API, indicator MA_MBAY_W_B18; India = NFHS
Survey rounds are grouped into periods for display: India 1992-93, 1998-99, 2005-06, 2015-16, 2019-21; Bangladesh 1993-94, 1999-2000, 2007, 2011, 2017-18, 2022; Nepal 2001, 2006, 2011, 2016, 2022; Pakistan 1990-91, 2006-07, 2012-13, 2017-18. The NFHS-5 fact sheet's own headline figure for India is about 23 per cent (PRS).
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Inside India, the gradient is steep
Women 20-24 married by 18, by wealth quintile, India (%)
NFHS-5 (2019-21), tabulated by the DHS Program API, indicator MA_MBAY_W_B18
Group% married by 18
Rural25.8
Urban14.2
No schooling45.9
Secondary schooling26.9
West Bengal41.5
Bihar38.7
Kerala6.3
Punjab8.7
Source: NFHS-5 (2019-21), tabulated by the DHS Program API, indicator MA_MBAY_W_B18. State and group values as tabulated by the DHS Program; state fact sheets may differ slightly.
The DHS tabulation shows steep gradients by wealth, schooling, residence and state: the poorest quintile is more than five times as likely as the richest to marry girls before eighteen. These are associations and do not show causes; they still tell a programme where to look first.
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The law gives practitioners tools before the wedding
ToolWho uses itSection
Complaint for an injunction to stop a marriageAny person with knowledge, or an NGO with reasonable information, to a Judicial MagistratePCMA s. 13(1)-(2)
Interim injunction without notice in urgencyThe courts. 13(6), proviso
Suo motu action on reliable reportsThe courts. 13(3)
Prevention on mass-marriage days such as Akshaya TrutiyaDistrict Magistrate, deemed a Child Marriage Prohibition Officers. 13(4)-(5)
Disobeying an injunctionUp to two years, or fine up to one lakh rupees, or boths. 13(10)
Child at imminent risk of marriage brought before the Child Welfare CommitteeAnyone listed in JJ Act s. 31JJ Act s. 2(14)(xii)
Child Marriage Prohibition Officers must "prevent solemnisation of child marriages by taking such action as he may deem fit" (s. 16(3)(a)). Find out who the officer is in your district before you need one.
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Prevention over prosecution
Society for Enlightenment and Voluntary Action v. Union of India
Supreme Court, 18 October 2024, 2024 INSC 790; Chief Justice D.Y. Chandrachud, Justices J.B. Pardiwala and Manoj Misra. The petition under Article 32 alleged that authorities were failing to prevent child marriages and to appoint Child Marriage Prohibition Officers.
The aim of the law enforcement machinery must not be solely focused on increasing prosecutions without making the best efforts to prevent and prohibit child marriage.
Society for Enlightenment and Voluntary Action v. UoI (2024), as reported by Verdictum
Betrothals
The Court said "Parliament may consider outlawing child betrothals which may be used to evade penalty under the PCMA". A betrothal arranged at twelve and solemnised at eighteen falls outside the 2006 Act.
For programmes
The judgment supports community-level prevention: awareness, school retention, support to girls who refuse, and functioning prohibition officers. It is a reference point in any advocacy with district administrations.
Prosecution can still harm the girl the law protects: a father jailed, a family income lost, a girl blamed. Weigh the child's best interests before pressing charges.
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Where child marriage meets criminal and personal law
Sexual offences
Since Independent Thought v. Union of India (11 October 2017), sexual intercourse with a wife under eighteen is rape. The Bharatiya Nyaya Sanhita 2023, s. 63, Exception 2, writes the age of eighteen into the marital exception. POCSO applies regardless of marriage.
Juvenile justice
A girl at imminent risk of marriage is a child in need of care and protection (JJ Act s. 2(14)(xii)). She can be placed in safety by a Child Welfare Committee order while the injunction is sought.
Personal law
Personal laws do not all use the 2006 Act's ages. The 2021 Bill would have made the Act override "any other law, custom, or practice" (PRS), which shows how the question was seen by Parliament. With the Bill lapsed, take legal advice on the interaction in a specific case.
Registration
A birth certificate is the best evidence of age. Since 1 October 2023 the Registration of Births and Deaths (Amendment) Act 2023 makes birth certificates the proof of date of birth for admission to an educational institution and other purposes (PRS bill summary). Registration makes age verifiable when a marriage is being arranged.
A further amendment tightening delayed registration of births and deaths came into force on 1 October 2026 (PTI, 16 September 2026).
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09
Section Nine
Institutions and schemes
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The Commissions for Protection of Child Rights Act 2005
Composition (s. 3)
A Chairperson "who is a person of eminence and has done outstanding work for promoting the welfare of children", and six members, at least two of them women, drawn from education; child health, care, welfare or development; juvenile justice or care of neglected, marginalised or disabled children; elimination of child labour; child psychology or sociology; and laws relating to children.
State commissions (s. 17)
Each state may constitute a State Commission for Protection of Child Rights with parallel functions. Check whether your state's commission has a full bench: vacancies leave complaints unheard.
Functions (s. 13) and powers (s. 14)
Review legal safeguards; report annually; inquire into violations; examine children affected by conflict, disaster, trafficking and abuse; study treaties; promote research; spread child rights literacy; inspect custodial homes. Under s. 13(1)(j) it can inquire into complaints and take suo motu notice. During such an inquiry it has the powers of a civil court (s. 14).
Section 2(b) defines "child rights" to include the rights in the CRC. The Commission is the main domestic body whose mandate is written in the Convention's terms. Source: Act 4 of 2006 text (PRS).
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Monitoring duties under other Acts
ActSectionCommission's role
Commissions for Protection of Child Rights Act 2005s. 13(1)General review, inquiry and complaints; inspection of custodial homes
Right to Education Act 2009s. 31(1)"examine and review the safeguards for rights provided by or under this Act" and recommend measures
POCSO Act 2012s. 44(1)"monitor the implementation of the provisions of this Act"
Commissions Act 2005s. 25States may designate Children's Courts for speedy trial of offences against children, with the High Court's concurrence
A complaint to a state commission costs nothing and needs no lawyer. Commissions can summon records and recommend action, which often moves a district office faster than a letter from an NGO.
Commissions recommend; they do not enforce. Track what happens to a recommendation, and escalate to the High Court under Article 226 if nothing does.
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Integrated Child Development Services, since 1975
ICDS was launched on 2 October 1975 (Uttar Dinajpur district administration page on ICDS). Its objectives include improving the nutrition and health of children aged 0 to 6 and laying the foundation for their psychological, physical and social development. It now runs as Anganwadi Services under Mission Saksham Anganwadi and Poshan 2.0 of the Ministry of Women and Child Development.
The six services
Supplementary nutrition; pre-school non-formal education; nutrition and health education; immunisation; health check-up; referral services. "Three of the six services, immunization, health check-up and referral services, are related to health and are provided through NHM and Public Health Infrastructure" (MWCD).
Related schemes on the same platform
Poshan Abhiyaan, launched on 8 March 2018; the Scheme for Adolescent Girls aged 14 to 18, in all districts of the North-East and in Aspirational Districts elsewhere (MWCD scheme page, viewed October 2026).
Article 45 makes early childhood care a directive principle, so ICDS is the main way the State meets it. A child under six has no fundamental right to an anganwadi place, which is why coverage and quality vary so much.
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The child protection scheme
Mission Vatsalya is a centrally sponsored scheme of the Ministry of Women and Child Development. It subsumed the Child Protection Services scheme, which had run since 2009-10, and supports states in delivering the JJ Act 2015 (PIB explainer, 11 August 2023).
AreaCentre : State share
States and UTs with legislature60 : 40
North-Eastern states, Himachal Pradesh, Uttarakhand, Jammu and Kashmir90 : 10
UTs without legislature100 : 0
Components (PIB explainer)
Statutory bodies; service delivery structures; institutional care and services; non-institutional community-based care; emergency outreach services; training and capacity building. Guidelines are dated 5 July 2022.
What it funds in a district
Child Welfare Committees and Juvenile Justice Boards, the District Child Protection Unit, child care institutions, sponsorship for children at risk of separation, and the Child Helpline 1098. The scheme provides for panchayats and urban local bodies to take part at village and ward level.
Name the scheme accurately in proposals: Mission Vatsalya, which subsumed the Child Protection Services scheme. Take funding rules from the guidelines dated 5 July 2022.
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Children's share of the Union Budget
Statement 12 (Budget for Children) as a share of the Union Budget, %
HAQ Centre for Child Rights, Budget for Children 2026-27 quick analysis (February 2026)
Year labels are budget years (2012-13 to 2026-27) as charted by HAQ; HAQ notes 4.76 per cent in 2012-13 as the highest share and 3.16 per cent in 2020-21. In 2026-27 (BE) the allocation is Rs 1,32,296.85 crore, up 13.92 per cent on 2025-26.
Education is 74 to 77 per cent of the children's budget and protection 1.49 to 1.73 per cent (HAQ). Absolute allocations rose while the share fell by about half since 2012-13.
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The numbers and portals a practitioner should know
NeedRouteBasis
A child in danger nowChild Helpline 1098, or policeMission Vatsalya (MWCD); JJ Act s. 31
Sexual offence against a childPolice or Special Juvenile Police Unit; online material via cybercrime.gov.inPOCSO s. 19
Child out of school or refused admissionLocal authority, then the state commissionRTE Act ss. 32 and 31
Child workingLabour inspector, police, or the Child Welfare CommitteeChild Labour Act 1986 as amended; JJ Act s. 2(14)(ii)
Marriage planned for a childChild Marriage Prohibition Officer, Judicial Magistrate, policePCMA ss. 13 and 16
Systemic violationNCPCR or SCPCR complaint; High Court writCPCR Act s. 13(1)(j); Constitution Art. 226
Print this for every field office, with local names and phone numbers filled in. A route with no named contact in the district will fail the day it is needed.
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10
Section Ten
Neighbours' frameworks
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Child laws across South Asia
CountryMain child lawChild meansKey bodies
IndiaJJ Act 2015; POCSO 2012; RTE 2009Under 18 (JJ, POCSO); 6-14 (RTE)Child Welfare Committees; Juvenile Justice Boards; NCPCR
BangladeshChildren 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
NepalAct relating to Children 2018 (Act 23 of 2075)Under 18National 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 LankaChildren and Young Persons Ordinance No. 48 of 1939; Penal Code as amendedOrdinance: child under 14, young person under 16Juvenile courts
Sources: Supreme Court of Bangladesh commentary on the Children Act 2013; Nepal Law Commission English text (via FAOLEX); Pakistan JJSA 2018 text (ADB Law and Policy Reform); Sri Lanka Penal Code (Amendment) Act No. 10 of 2018; The Morning (Sri Lanka) on the 1939 Ordinance.
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The Children Act 2013
The Children Act 2013 (Shishu Ain) repealed the Children Act 1974. A commentary published by the Supreme Court of Bangladesh notes that its preamble describes it as enacted to implement the CRC, that s. 3 gives it overriding effect, and that s. 4 defines a child as anyone up to eighteen.
New structures
Child Welfare Boards at national, district and upazila level, meeting every six, four and three months respectively; a Child Affairs Desk at police stations headed by a Child Affairs Police Officer; and expanded duties for Probation Officers, including diversion and family group conferencing.
A gap the commentary identifies
Allegations against children are still decided by a Children's Court, a judicial body: "there is no independent non-judicial forum as contemplated by the CRC to deal with children in conflict with the law".
Arrest safeguards
Under s. 45 a police officer who arrests a child must inform the parents or guardian, the Probation Officer and, where necessary, the nearest Board. A finding of guilt does not disqualify a child from later employment or elections.
Bangladesh ratified the CRC on 3 August 1990 and both substantive protocols on 6 September 2000, the same day it signed them (UN Treaty Collection).
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The Act relating to Children 2018
Nepal's Act (Act No. 23 of 2075 BS) defines children as "persons who have not completed the age of eighteen years". Chapter 2 sets out rights in the CRC's pattern, from the right to live (s. 3) to the rights to participate (s. 8), to form a child club or organisation (s. 10), to privacy (s. 11) and to education (s. 15).
Minimum age of criminal responsibility
"If the child is less than ten years of age at the time of commission of the offence, no case and punishment of any kind shall be instituted against and imposed on him or her" (s. 36(1)). Children aged ten to fourteen face lighter consequences.
Protection in the home
Every child has the right to protection against "any type of physical or mental violence and torture, hatred, inhuman treatment, gender or untouchability-based mistreatment, sexual harassment and exploitation" by parents, family, guardians, teachers and others.
Institutions
A National Child Rights Council chaired by the minister responsible for children (s. 59), with provincial and local counterparts, and juvenile courts that sit in camera (s. 35).
Naming "untouchability-based mistreatment" in a child protection clause is a direct statutory hook for caste discrimination against children. Source: Nepal Law Commission English translation.
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Juvenile justice reform in Pakistan and Sri Lanka
Pakistan: Juvenile Justice System Act 2018
Act XXI of 2018 defines a child as "a person who has not attained the age of eighteen years" (s. 2(b)). No person who was a juvenile offender at the time of the offence "shall be awarded punishment of death", and no juvenile in custody may be "put in fetters, handcuffed or given any corporal punishment". The Act sets up Juvenile Justice Committees for diversion.
Source: Act text on the ADB Law and Policy Reform portal. Provincial laws on child protection and marriage differ and are not covered here.
Sri Lanka: raising the age of criminal responsibility
The Penal Code (Amendment) Act, No. 10 of 2018 (certified 21 May 2018) raised the age in s. 75 of the Penal Code from eight to twelve, and moved the s. 76 maturity test to children above twelve and under fourteen. The Children and Young Persons Ordinance of 1939 still defines a child as under 14 and a young person as under 16 (The Morning, reporting on juvenile justice), leaving a gap for sixteen- and seventeen-year-olds.
Sri Lanka ratified the CRC on 12 July 1991 and OPAC on 8 September 2000, declaring a minimum age of 18 for voluntary recruitment (UN Treaty Collection).
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Minimum age of criminal responsibility in the region
Age below which a child cannot be held criminally responsible (years)
BNS 2023 s. 20; Nepal Act relating to Children 2018 s. 36(1); Sri Lanka Penal Code s. 75, as amended by Act No. 10 of 2018; CRC/C/GC/24 para. 22
India's floor is seven under the Bharatiya Nyaya Sanhita 2023, s. 20, with a further defence for children aged seven to twelve who lack "sufficient maturity of understanding" (s. 21). Any child under eighteen is still dealt with under the JJ Act, so the floor matters less in practice than the procedure.
General comment No. 24 (2019), para. 22, encourages states "to increase their minimum age accordingly, to at least 14 years of age", citing evidence that the frontal cortex is still developing at twelve and thirteen.
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11
Section Eleven
Putting it to work
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Twelve questions before a programme touches children
#QuestionIf no
1Do we know which law defines "child" for this activity?Check the age table in Section 04
2Have we mapped who is excluded (Art. 2)?Add caste, disability, migration, documents to the baseline
3Is there a written best-interests assessment for decisions about individual children?Use GC 14's procedural test
4Have children been consulted on the design (Art. 12)?Run age-appropriate consultation before finalising
5Is there a POCSO reporting procedure?Write one; name the reporter and police station
6Do staff and partners sign a code of conduct?See Safeguarding and PSEA 101
#QuestionIf no
7Are photos and stories cleared for identification risk (JJ s. 74)?Remove identifying detail
8Do we know the district's CWC, JJB, CMPO and DCPU contacts?Collect them before launch
9Does data collection have parental consent and child assent?See ICMR 2017, section 6.5, and Section 12 of this deck
10Will personal data of children be processed?Plan for DPDP s. 9 from 13 May 2027
11Is there a feedback route children can use safely?Set one up and test it
12Do outcome indicators track children's situation a year later?Add follow-up indicators
Each no marks a specific gap with a specific fix. Twelve yes answers are a starting point for a rights-based programme.
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Two children at one learning centre (Illustrative)
Illustrative. An NGO runs an after-school learning centre in an urban settlement. In one week a volunteer learns that Raju, aged 13, washes dishes at a roadside eatery from 6 pm to midnight, and that Salma, aged 16, has stopped attending because her family has fixed her wedding for next month.
Raju
Under 14, employed in an eatery: prohibited by s. 3(1) of the 1986 Act as amended. He is "found working in contravention of labour laws", so a child in need of care and protection (JJ Act s. 2(14)(ii)). Night work also threatens his schooling under the RTE Act. Route: inform the labour inspector or police and the Child Welfare Committee; plan with his family for income support and school attendance before any raid.
Salma
At imminent risk of marriage (JJ Act s. 2(14)(xii)). Under the PCMA any person or an NGO may ask a Judicial Magistrate for an injunction (s. 13(1)-(2)); a marriage against it is void (s. 14). Route: talk to Salma first about what she wants; inform the Child Marriage Prohibition Officer; seek an injunction if the family will not postpone; keep her in school.
In both cases the first step is a conversation with the child (Art. 12) and a named staff member who owns the follow-up. The law supplies routes; the programme supplies continuity.
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Situation, law, body, deadline
SituationLawBody to approachTime limit in law
Disclosure of sexual abusePOCSO 2012 s. 19Police or SJPUPolice to inform CWC and Special Court within 24 hours (s. 19(6))
Child found alone, working or beggingJJ Act 2015 ss. 2(14), 31Child Welfare CommitteeProduce the child within 24 hours, excluding travel (s. 31)
Child arrestedJJ Act 2015 ss. 10, 12Juvenile Justice BoardBail is the default (s. 12(1))
Child marriage arrangedPCMA 2006 s. 13Judicial Magistrate; CMPOInterim injunction possible without notice in urgency
Admission refused or fee demandedRTE 2009 ss. 12, 13Local authority; SCPCRLocal authority to decide within three months (s. 32)
Teacher beats a childRTE s. 17; JJ s. 75School authority; police for crueltyDisciplinary action; criminal case where s. 75 applies
Children's data in an app or surveyDPDP 2023 s. 9Data Protection BoardObligations apply from 13 May 2027
Keep this table with local contacts in every field office. Time limits are the ones written into the law; actual practice is slower, which is why someone must follow up.
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Protecting children from your own organisation
Every rights programme carries a risk that staff, volunteers, partners or visitors harm the children it serves. POCSO treats an offence by staff of an institution as aggravated, and s. 21(2) punishes the person in charge who fails to report an offence by a subordinate.
  • A written policy, signed by every staff member and partner
  • Safe recruitment: references and background checks
  • Two-adult rule for one-to-one contact where practicable
  • A designated safeguarding lead with authority to act
  • A reporting route that bypasses the line manager
Communications
No photograph or story that identifies a child in the justice or care system (JJ s. 74). For other children, informed consent from the parent and assent from the child, with the right to withdraw. Never use a child's suffering to raise funds in a way the child would not accept as an adult.
Partners
Put safeguarding clauses in grant agreements, check that partners have a POCSO procedure, and fund the training. A partner's lapse is reported under your organisation's name.
The Safeguarding and PSEA 101 deck covers policies, investigations and survivor-centred response in full.
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Taking evidence to the UN Committee
01
Watch the OHCHR treaty body database for India's next list of issues
→
02
Form or join a coalition: one report carries more weight than ten
→
03
Organise by the Convention's articles and the Committee's 2014 concluding observations on India
→
04
Use programme data with sources, case summaries with identities removed, and children's own views
→
05
Make specific, measurable recommendations
→
06
After concluding observations: follow up with ministries and the NCPCR
India's 2014 review drew alternative reports from many groups, listed in the treaty body database. The fifth and sixth cycle is under the simplified reporting procedure, so input before the list of issues is adopted is the most useful.
If the report includes children's views, collect them as you would in research: consent from parents, assent from children, anonymity, and a plan for anything disclosed (Section 12).
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Tracking whether money reaches children
A four-step exercise
1. Find the scheme in Statement 12 of the Union Budget and in the state budget. 2. Compare budget estimate, revised estimate and actual spending for three years. 3. Divide by the number of children eligible to get spending per child. 4. Check what reached the district: sanctioned posts filled, institutions inspected, children supported.
General comment No. 19 (2016) on public budgeting under Article 4 sets out five principles: effectiveness, efficiency, equity, transparency and sustainability (CRC/C/GC/19).
What usually turns up
Child protection is a small slice: 1.49 to 1.73 per cent of the Budget for Children in recent years (HAQ, February 2026). Underspending on protection is common because the posts and bodies it funds are not in place, which links the budget back to the PRS finding that only 17 of 35 states and union territories had all JJ Act bodies in every district in 2019.
The Public Finance and Budgeting 101 deck explains budget documents step by step.
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Seven errors that undermine child rights work
MistakeWhy it mattersBetter practice
Quoting the CRC as if it were an Indian statuteTreaties take effect in India through Indian law and its interpretationCite 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 VatsalyaUse current names and guideline dates
Treating every adolescent relationship as abuseCriminalises young people; a complaint can be a family's weapon against a daughter's partnerReport as the law requires, and support both young people
Rescue without rehabilitationChildren return to workPlan income, school and follow-up before removal
Publishing identifiable storiesBreaks JJ s. 74; harms the childRemove names, places, schools, faces
Consulting children once, at the endTokenism (Hart's ladder)Involve children from design, and report back what changed
Collecting more child data than neededRisk under DPDP s. 9 from 2027Minimise and delete
None of these requires bad intent. Each can be prevented by asking the questions in this section early, and by giving one person on the team the job of asking them.
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12
Section Twelve
Participation, research and data
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Two models of children's participation
Hart's ladder (1992)
Roger Hart's Children's Participation: From Tokenism to Citizenship (UNICEF, 1992) borrowed the ladder metaphor from Sherry Arnstein's 1969 essay on adult participation; the eight categories were his own. Its lower rungs (manipulation, decoration, tokenism) are non-participation; its upper rungs run from children assigned but informed, through consulted, to projects children initiate and share with adults.
Hart later wrote that "the ladder metaphor is unfortunate for it seems to imply a necessary sequence"; it is "primarily about the degree to which adults and institutions afford or enable children to participate" (Hart, "Stepping back from 'the ladder'").
Lundy's model (2007)
Laura Lundy, "'Voice' is not enough: conceptualising Article 12", British Educational Research Journal 33(6): 927-942. Four elements: Space (an opportunity to express a view), Voice (support to express it), Audience (someone with power listens) and Influence (the view is acted on, as appropriate).
Lundy's point is in the title: hearing children is half of Article 12. "Due weight" requires an audience that can act, and feedback on what happened.
Use Lundy's four words as a checklist at the end of any consultation: where was the space, how was voice supported, who was the audience, what changed?
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Working children, organised
Hart's later chapter credits two members of the Concerned for Working Children in India, "who work with Bhima Sangha, a union of child workers in Bangalore", with "valuable schemas for thinking about the varying roles adults play" (Reddy and Ratna, A Journey in Children's Participation, 2002).
What they added
Two rungs below Hart's lowest: active resistance, where adults work against children's participation, and a weaker form of hindrance that leaves children reluctant to take part. They also named "tolerance" and "indulgence" as forms of tokenism.
In law
Nepal's Act relating to Children 2018 gives a child "competent to form his or her own opinion" the right "to participate in the decision-making process of family, community, school or other public institution" (s. 8), and the right to open a child club or organisation (s. 10).
Organised children can hold adults to account, which is the point and also the risk. Programmes that support children's groups must be ready to protect members who speak against employers, officials or elders.
Source: R. Hart, "Stepping back from 'the ladder'", chapter 2 of an edited volume on participation and learning; Nepal Law Commission English text.
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Participation can harm as well as help
RiskExampleSafeguard
TokenismA child speaker at a conference whose words were written by staffLet children set their own message, or do not invite them
ExposureA child names an abusive employer at a public hearingAnonymity; group presentation; a protection plan before and after
BurdenChildren asked again and again for their storiesAsk only what will be used; share findings back
ExclusionOnly articulate, schooled, urban children are consultedReach working, disabled and out-of-school children deliberately (Art. 2)
Broken promisesViews collected, nothing changes, nobody explainsReport back, including when the answer is no (Lundy's influence)
Participation is subject to the same best-interests test as any other action concerning children (Art. 3). A consultation that leaves a child less safe has failed, however good the report looks.
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Research with children under the ICMR 2017 guidelines
The ICMR National Ethical Guidelines for Biomedical and Health Research Involving Human Participants (2017), section 6.5, treat children as people "who have not attained the legal age of consent (up to 18 years)". The decision on participation is the parents' or legally acceptable representative's, "in the best interests of their child/ward". The guidelines cover social and behavioural health research as well as clinical work.
AgeAssent required (Box 6.6)
Under 7No need to document assent
7 to 12Verbal or oral assent, in the presence of parents or LAR, recorded
12 to 18Written assent, also signed by parents or LAR
Dissent counts
"If the child objects, this wish has to be respected. At the same time, mere failure to object should not be construed as assent." The only exception is a potentially lifesaving intervention available only in the study, with parental consent and prior ethics committee approval.
Adolescents: where parental consent would defeat the study (ICMR's example is research with adolescents who inject drugs), the ethics committee can approve a waiver of the adult's consent and record it.
Source: ICMR National Ethical Guidelines 2017, section 6.5 and Boxes 6.5 and 6.6.
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Parents, institutions and the ethics committee
One parent or both (Box 6.5)
"The EC should determine if consent of one or both parents would be required." Generally, one parent's consent may be enough for research involving no more than minimal risk or offering direct benefit to the child.
Children in institutions
Research with institutionalised children needs the child's assent, the consent of parents or LAR, and permission from the institution: in a school, that can mean the child, parents, teacher, principal or management.
Assent forms
Written for the child's developmental level: what the study is, how it helps, what will be done, and that the child can refuse or stop. The language must be "simple and appropriate to the age of the child".
Children in care
For a child in a home under the JJ Act, the Child Welfare Committee's role and the institution's permission both matter, and s. 74's ban on identification applies to research outputs as much as to the press.
A researcher who hears a disclosure of sexual abuse is bound by POCSO s. 19 like anyone else. Tell participants and parents before the interview what you will have to report, and have a referral route ready.
Source: ICMR 2017, Box 6.5 and section 6.5; JJ Act 2015 s. 74; POCSO 2012 s. 19.
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The DPDP Act 2023: children's personal data
The Data Fiduciary shall, before processing any personal data of a child or a person with disability who has a lawful guardian obtain verifiable consent of the parent of such child or the lawful guardian, as the case may be, in such manner as may be prescribed.
DPDP Act 2023, s. 9(1)
  • s. 2(f): a child is "an individual who has not completed the age of eighteen years"
  • s. 9(2): no processing "likely to cause any detrimental effect on the well-being of a child"
  • s. 9(3): no tracking, behavioural monitoring or targeted advertising directed at children
  • Schedule: breach of s. 9 obligations, penalty up to Rs 200 crore
When it applies
The DPDP Rules were published in the Gazette on 13 November 2025 (G.S.R. 846(E)) and commence in three phases. Rule 10, verifiable consent of a parent, and Rule 12, the exemptions, apply from 13 May 2027, eighteen months after publication (Rule 1(4)). Section 9 of the Act itself commences on the same date (G.S.R. 843(E), 13 November 2025). As of October 2026 neither is in force.
Exemptions
s. 9(4) lets the government exempt classes of fiduciaries or purposes from s. 9(1) and (3). Rule 12 and the Fourth Schedule exempt classes including clinical and mental health establishments, healthcare professionals, educational institutions, crèches and school transport from s. 9(1) and (3), each limited to stated purposes such as health care or the child's safety.
Research: s. 17(2)(b) exempts processing "necessary for research, archiving or statistical purposes if the personal data is not to be used to take any decision specific to a Data Principal", following prescribed standards. A survey that then targets services to named children may fall outside it.
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Collecting data about children safely
  • Minimise: collect only what the analysis needs; record age in completed years when a full date of birth is not required
  • Separate: keep names and contact details apart from responses
  • Protect: never record a child's identity in anything that links them to a JJ or POCSO case (JJ s. 74)
  • Disclose: explain the reporting duty under POCSO s. 19 in the consent script
  • Return: share findings with children in a form they can use
Learning from national surveys
NFHS and the DHS surveys build child indicators from measurements of children and interviews with adults; early marriage is reported by women aged 20 to 24 looking back. Young children's own views are not recorded. Ask whose voice a dataset carries before quoting it as children's experience.
Disaggregate
Article 2 cannot be monitored without data by sex, age, caste, disability, residence and wealth. The NFHS-5 gradients in Section 08 are only visible because the survey records them.
The Research Ethics 101 and Data Protection and the DPDP Act 101 decks go deeper on review boards, consent design and data security.
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Where next
Child rights sit where law, development practice and research meet. These ImpactMojo 101 decks take each strand further.
Start with the checklist in Section 11 on a programme you know, then read the Safeguarding and PSEA deck before your next field visit.
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Child Rights 101 · Complete
Name the duty,
then follow the child.
CC BY-NC-ND 4.0·Free Forever·ImpactMojo 101 Series