ROLE OF JUDICIARY IN PROTECTION OF CHILDREN

Riya Sarraf, 4th Year, Modi University, Laxmangarh

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(Image Source: AIDIA)

Children are the greatest gift from God, if children are treated with the best human output, society will be more benefited and feel happy with them. If the children are neglected there will be loss in society. All the persons who are below the age of 18 years are considered as children under International law. Children are the future of our nation so it's very important to protect their rights.

Here, the Indian judiciary plays an important role in the protection of the rights of children by providing various laws in order to protect their rights. In the modern era judicial activism plays an important tool in the protection of the rights of children including protection from child abuse, trafficking, and sexual exploitation, etc. and the cases which were dealt with by the Indian judiciary for the protection of child rights are as follows.

JUVENILE JUSTICE ACT, 2000

This JJAct was enacted to deal with the children who need protection and care and to amend the law relating to children in conflict of law. basically, its purpose is to amend the law relating to children in conflict of law and who need special care and protection. By providing them special care, protection treatment. In this act, the person who is below the age of 18 years is considered a minor. According to this, the child is kept separated from adults and given treatment according to their age and legal status. Basically, the reformation of the child is done.

Sheela Bares v. The Secretary Children’s Aid society & ors

Here the petition is filled in the public interest and a social worker took this case and the case deals with improper functioning of childcare institutions and petitioned that child to be released from jails and District judges should ensure is taken care with care. Then the supreme court came forward and took this case and said a child in no case should be put in jail but in the reformative centre and central law must be enacted to bring uniformity.

CHILD LABOUR AND PROTECTION ACT, 1986

This act aims to eradicate any form of child abuse in any form of employment and it also prohibits the employment of children in any kind of hazardous employment who is below the age of 14 years. There was a case where the supreme court gave judgement regarding children employed in hazardous work which is: M.C Mehta v. State of Tamil Nadu

Here the supreme court stated that children should not be employed in Hazardous jobs and in the manufacturing of fireworks or matchboxes as there is a risk to their life and said that positive steps to be taken to see and help to improve the quality of life of children.

RIGHT TO EDUCATION

Every child has the right to education to have a secured future to improve their life. No child should be deprived of this right the court in various cases has unequivocally declared the right to education as an integral part of the rights of personal liberty embodied in Article 21.

The case is: -Goodricke Group ltd v. Centre of West Bengal here the court held that raising the necessary resources for the children would be in the hands of centre and state and union territories. In recent time Article 21-A has been inserted in the India Act,2000which provides that the states 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.

SEXUAL EXPLOITATION OF CHILDREN

To protect the children from sexual exploitation POCSO Act, 2012 is made to provide for the protection of children from sexual exploitation, sexual harassment, and any type of sexual offences, and here the special courts were made that conduct the trial in-camera and without revealing the identity of the child.

Bachpan Badhao Andolan v. Union of India

Here a writ petition was filed and the Supreme Court ordered for implementation of orders and which help to introduce significant reforms in the existing child protection regime.

Vishal Jeet v. Union of India

In this court issued several directions for the protection of children from sexual exploitation and issued directions for setting up rehabilitation homes for children who found begging in the streets.

CONCLUSION

The judiciary has given various directions in order to protect the child and suggestions in order to protect the child but still all unfollowed by the government.so there need is to make some strictness. In spite of all these legal frameworks, there are no changes happening in society, justice is always denied to children there are still things happening even though the law is made against them like child labour and child marriages. all this happening because of poverty and our country is following reformative theory which I considered is of no use no one is going to reform like this there needs to more strictness and fear should be there in the minds of people.

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(Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)