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By Shreya Marwaha, a final year B.A., LL.B. student at Army Institute of Law, Mohali The POCSO Act is surely a step forward in the protection of children which is the responsibility of society as a whole. But there is an urgent need of improving certain aspects with regard to the implementation of the Act. There are growing instances implicating a parent in false POCSO inquiries especially in child custody cases whenever the fight becomes intense between both parties. Earlier in the Indian judicial history, the misuse of 498A was prominent in manipulating matrimonial disputes and now misuse of the POCSO Act is escalating. Courts need to be extra careful while examining such sensitive cases. In such battles, everyone including the lawyers forgets that a man/accused is a father in the first place and this perception of the society tampers the sanctity of the father - daughter relationships. These actions not only obliterate the child’s youth but also has mental health repercussions. Since, POCSO Act has a reverse burden of proof, the accused always falls prey to false cases implicated to prove himself innocent. This gender-neutral law cannot be surely said to be true to its nature. Moreover, when such false cases are implicated a party it is difficult to bear the expensive litigation to save himself or his child. Should the father give up his child or his hard-earned money/reputation just because of some concocted story of sexual abuse by the opposite party, especially by the mother of the child? Child Custody Battlefield and POCSO Act Misuse The growing erroneous cases against the biological father to prevent him from getting child custody are a full proof example of POCSO Act misuse in child custody battles. The Kerala High Court in the case of Suhara v Muhammad Jalee made an observation while granting the custody of a five-year-old girl to the father and highlighted that the family court has the duty to take due care and examine the evidence adequately immediately before initiating the proceedings under the said act. The court further observed, Unless a very cautious approach is adopted by the Family Court to ensure that information on which crime was registered is not frivolous and vexatious, many innocent parents fighting for custody of his own ward would-be victim of false implication of crimes under the POCSO Act. As in the case of Alamohan Das v State of West Bengal, the court clearly speculated in the context of scope of committal proceedings that a judge can only shift and weigh the materials on record by seeing whether there is sufficient evidence for the commitment of the crime. The court is open to weigh the total effect of the evidence and documents produced to check whether there is a basic infirmity and to find out whether a prima facie case has been made out against the accused. In Dr Jaseer Aboobacker vs State of Kerala, the mother wanted to restrict the visitation rights of the father and had filed a POCSO case against him. The court said that the child has been made a “weapon of choice” by one parent against the other. “There cannot be any doubt that their unusual fight and the levelling of very grave allegations of sexual abuse against the father would have a huge emotional toll on the psyche of the minor child. It is appalling to note that the parents, in their determination to fight with each other, have intentionally or otherwise failed to protect their child from the damaging emotional consequences that would be caused to him,” the court added. In both cases the allegations were dismissed. Considering all the possibilities, it is axiomatic to note whether evidence and charges made at a later stage in a child custody case under POCSO Act is a “ sufficient ground for proceedings”? FIR registration under POCSO Act to manipulate the situation and distract the Indian Justice system FIR under POCSO act is registered under Section 377 and other charges of the Indian Penal code r/w sections of the POCSO act in most of the cases. There have been a lot of instances wherein the mother registers a false complaint by accusing the father of sexual abuse of the child to distract the Indian judicial system in a child custody battle. Registering FIR is the first step to proceeding with the trial of such frivolous charges against the father of the child. All cases falling under the POCSO act are considered non-bailable and cognizable. A police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offense under Section 154 of the Code of Criminal Procedure, 1973. But a preliminary inquiry is important to ascertain whether all acquisitions lead to cognizable offenses or not and to save the precious time of our judiciary. A reliance can be placed on upon two-Judge Bench decisions of this Court in P. Sirajuddin vs. State of Madras, Sevi vs. State of Tamil Nadu, Shashikant vs. Central Bureau of Investigation , and Rajinder Singh Katoch vs. Chandigarh Admn. to substantiate the same. Since the child custody case comes in the category of matrimonial disputes/family dispute, the police in charge are bound to conduct a preliminary inquiry before registration of FIR. In most cases, Police would already have bias against the father and register the FIR. The core of the justice system is at fault when it comes to such cases, Indian judiciary is well aware how the local police can successfully tamper the material evidence important to the case and show a different picture to the court. In many instances, the court of law has ordered an action against such functionaries as their corrupt ideas and inefficiencies lead to the suffering of the falsely accused father and the child involved. In a few cases, if a police officer decides to conduct a preliminary inquiry and finds that complaint does not merit registration of FIR, then the same shall be recorded and a copy of the closure report shall be given to the first informant in seven days. Generally, the investigation can be also compromised by the deceitful mother by raising haywire or by using channels such as National Women Commission or even PMO Office, who will then follow their protocol developed for helping victimized women and directing the Police to register the FIR instead of asking for their report or even establishing a process to apprise their office with the status of the Police Investigation. This is the first step where Police, even if not finding grounds for registering an FIR against the father, would be influenced to register the FIR. Further, in registering the FIR police requires a medical examination of the Child. In most child Custody cases, the allegations of the sexual abuse are dated. A child becomes the victim at this stage as the doctor needs to conduct an inquiry where the child goes through the trauma of physical checks of the sensitive areas. Is it really important to put the child to such a trauma or rather first investigate both mother and father if the child is being used as a weapon by a parent especially if the allegations are arising out of a custody dispute? The main culprits behind the abuse are not police authorities but the National Commission of Women and the PMO Office who, without conducting proper enquiry, influence the police to register the FIR. Further, the medical examination also does not lead to any clarity as the doctor does not make an enquiry if the child is tutored instead based on the exam never provides a yes or no confirmation in his/her report. Instead, a common and repetitive scenario can be observed in which the results of the medical examination of the child are shown vaguely to the court of law which is an explicit negligence leading to implicating the father. Eventually, this would lead to a futile trial in which the father is obligated to lose either his life or career or family reputation. Missing Germane Aspects of POCSO FIR Investigation The process of the Police investigation based on the current guidelines include investigation by the investigating officer, counseling of the child by the CWC and Statement of the child under CrPC 164 in front of the magistrate. In all of this the role of Investigating Officer (IO) is very relevant and material. IO is considered as a material witness as he investigates the matter, records the statement of the witnesses, goes to the spot for the objective findings, prepares the case diary, receives the papers during investigation and after collecting the relevant material in support of the prosecution or against the prosecution he submits his report for or against the prosecution. Under his investigation, the judge is able to know the veracity of the evidence in a case. If he does the assignment in a careless manner, he cannot be regarded to have performed his duties effectively since the investigation, which is the foundation of criminal justice, would suffer as a result, putting the cause of justice at risk. If he is careless, he will have a negative effect on society. If he is unreliable, the Court will be unable to make a fair verdict in the matter. In POCSO related matters, the IO generally forms a biased opinion against the father. In most of the cases his investigation report can even lead to the arrest of a falsely accused father. Even the police enquiry of the child is done in the presence of the mother which eventually leads to influenced results. Counselling of child by CWC officer and possibility of tutored answers It is notable that in the recent 2021 case of Jai Hind @ Babu v State of UP and Another, the court questioned and ordered action against the functioning of the police and CWC which should be in compliance with the guidelines laid down in the case of Junaid v State of UP.Unfortunately, not only the guidelines are not being adhered by the local police and CWC, but there has also been an inclination towards working hand in glove with the mother. The CWC’s report is the most important aspect of the trial and can even lead to the grounds of arrest of the father in the child custody case. The loophole remains where there has not been a different format for POCSO cases involved in child custody battles. The question can be posted on the competency of the staff responsible for conducting such inquiries. The root cause is Lack of training of the staff involved in a case starting from psychologist to CWC which creates inefficiencies. The lacunas in compliance with the legal mandate leads to failure of justice. Moreover, the CWC counseling is again done in the presence of the mother, therefore, this is another step where the findings can be influenced by the mother. Statement under Section 164 CrPC in front of the Magistrate Another predominant element revolves around statements of the child u/s 164 CrPC. whereby a child gives statements before the magistrate in the presence of the mother of the child. When a child witness comes into the picture for deposition, the onus lies upon the judge to decide the competency of the child witness through Voir Dire test and figuring out if the answers to the questions are already tutored by vengeful parties in the child custody battlefield. Mother has a strong impact on a child’s psychology which leads to the tutored answers in the court proceedings as well. It is highly likely that the magistrate may simply take the statement of the child without applying his mind as the case is not yet at the stage of the trial and yet again another material evidence gets created against the accused father lacking any veracity. Consequences of Nebulous Allegations under POCSO Act in the child custody case What would be the consequences of trial of Nebulous allegations, if allowed? The answer involves the traumatic impact on the child’s mental health when she/he will be exposed to the volley of questions related to the concerned subject matter of sex and sex organs. If not looked at in prima facie evidence properly by the court, such an ordeal would inflict devastating impairment on the child’s personality. Furthermore, a child is also exposed to petrifying medical & psychological examinations which could pose a short term and a long-term mental health impact. It is a soul shakening experience for a falsely implicated biological father to even think of such a situation which his daughter undergoes. Of course, if the established evidence is forming a chain of events leading not to any concocted situation by one party the courts and parties will have to bear with the inevitable course of action to be resorted to. But when the trial is going to be farce, such course of action will be an impediment to the resolving of the case and also accounts to impeding consequences befalling an innocent child. Responsibility of the Courts and Judges in the Indian Judiciary system Fake POCSO cases continue to haunt the accused endlessly even if they are acquitted by the courts. The cases for custody battles are nowadays shocking the conscience of the courts when a judge observes that a mother just for the sake of custody of a child could go to the extent of making such serious allegations against her own child’s father. Then what can be the possible ways to be followed by the courts to save the father from such allegations whereby the father can lose the custody of a child in the spur of the moment? In the case of N. Chandramohan vs The State. The court expressed its disappointment regarding misuse of POCSO Act in child custody cases whereby the Court quashed the existing FIR and ordered to alter the FIR to proceed against the complainant-wife under Section 22 (punishment for false complaint or false information) of the POCSO Act, so, she suffers the consequences for having given a false complaint against her husband at the cost of her own daughter. The Court declared, This case should be a lesson for all those who attempt to misuse the provisions of this Act, just to satisfy their own selfish ends. By taking the above mentioned precedent into consideration, the courts are highly obligated to set an example for those misusing POCSO Act in their battles. Even if the POCSO case trial is concluded because of the session judge’s ignorance, the higher courts must look into the outcomes of the trial implicated on the accused. Only one false case involving someone’s own child has drastic repercussions, and the hard-earned reputation of the falsely accused person goes in vain. By penalising, the malicious prosecution which would be of monstrous proportions can be given an end with lessons for the future. Judges at the subordinate levels should be skilled to keep a check on the investigation process as the core of the case is tampered with by negligent investigation. It is a bitter truth and irony that a man/father is held an accused in most of the POCSO child custody cases and the legislation is considered gender neutral. Conclusion It is rightly said by Martin Luthar King Jr, Injustice anywhere is a threat to justice everywhere. Then why is the Indian judiciary at the subordinate level giving a pedestal for a frivolous complaint trial to start? We need to rethink about the child who is stuck in the custodian battle of parents and his welfare which is always taken as of paramount consideration by our judiciary. Also, the father-daughter relationship is tarnished due to such frivolous allegations as the society can never think of a mother accusing her child’s own father in such a false POCSO case. The onus is always on the father to first save his child and then himself. The lacunas in the primary and secondary investigation at the lower-level results in wasting the precious time of the judiciary, money/time/maligning the reputation of father and hampering the best interest of the child. A child should receive love and care of both parents. Such a principal can only be achieved if a neutral child psychologist is immediately assigned by the judiciary or the police as soon as the allegations are leveled to protect the child's interest before it becomes too late. Police should not be allowed to put the child through traumatic medical analysis of the sensitive areas unless a magistrate requires such a step after interviewing both parents and obtaining the opinion of the child psychologist. Child’s mental health cannot be compromised in the fight of vengeful party in child custody matters. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

The aim of this proposed webinar is to focus on the nature of change in protection and safeguarding the reproductive rights of women in India. To spread as much awareness within the community. About Chanakya National Law University Chanakya National Law University (CNLU) is a public law school and a National law University in Patna, Bihar, India. It was established in 2006 by the Government of Bihar (Bihar Act 24 of 2006) as a public university dedicated to the field of legal education. The Chief Justice of Patna High Court is the ex officio chancellor of the university. It is one of the autonomous law schools in India. The campus is located right near the heart of the city in the Mithapur area and has an area of approximately 18 Acres. The university came into being on 15th August 2006 under the guidance of its vice-chancellor/pro-chancellor, Prof. Dr. A. Lakshminath, former dean and registrar, NALSAR University of Law, Hyderabad, HRD Principal Secretary Madan Mohan Jha, a 1977 batch IAS and Registrar(I/C) Vijay Kumar Himanshu Dy. Director of Higher education, HRD, Govt. Of Bihar. CNLU was established under the Chanakya National Law University Act, 2006 (Bihar Act No. 24 of 2006) and included in sections 2(f) & 12(B) of the U.G.C. Act, 1956. CNLU offers a one-year post-graduate LL.M program. Admission to the total 40 seats for the LL.M course is provided through the Entrance Test conducted by the university. Chancellor: Honb'le Justice Sanjay Karol, Chief Justice of the Patna High Court Vice-Chancellor(I/C): Hon’ble Justice Smt. Mridula Mishra (Retd.) Registrar(I/C): Shri Manoranjan Prasad Srivastava (Retired District Judge) About Child Rights Centre The Child Rights Centre (CRC) is a specialised research centre of the Chanakya National Law University, Patna, which runs UNICEF since November 2018. The Centre's mission is to engage with child rights from a multi-disciplinary perspective and provide integrated technical support to different layers of institutional governance at local, state, and national levels to protect child rights through Knowledge Management, Human Resource Development and System Strengthening. To this end, the Centre facilitate research support to different stakeholders involved in the child rights paradigm. In addition, it seeks to aid institutionalisation of best practices through research, collaboration, training, review, policy suggestions, field research, improving thereby, and access to justice for children and promoting research, advanced learning and advocacy and community action to strengthen child rights laws, policies and practices in Bihar and India. About National Commission for Women The National Commission for Women was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990 (Act No.20 of 1990 of Govt. of India) to review the Constitutional and legal safeguards for women; recommend remedial legislative measures, facilitate redressal of grievances and advise the Government on all policy matters affecting women. The Committee on the Status of Women in India (CSWI) recommended nearly two decades ago, the setting up of a National Commission for women to fulfil the surveillance functions to facilitate redressal of grievances and to accelerate the socio-economic development of women. Successive Committees/Commissions/Plans including the National Perspective Plan for Women (1988-2000) recommended the constitution of an apex body for women. During 1990, the central government held consultations with NGOs, social workers, and experts, regarding the structure, functions, powers etc. of the Commission proposed to be set up. In May 1990, the Bill was introduced in the Lok Sabha. In July 1990, the HRD Ministry organized a National Level Conference to elicit suggestions regarding the Bill. In August 1990 the government moved several amendments and introduced new provisions to vest the commission with the power of a civil court. The Bill was passed and received the assent of the President on 30th August 1990. The First Commission was constituted on 31st January 1992 with Mrs. Jayanti Patnaik as the Chairperson. The Second Commission was constituted in July 1995 with Dr. (Mrs.) Mohini Giri as the Chairperson. The Third Commission was constituted in January 1999 with Mrs. Vibha Parthasarathy as the Chairperson. The Fourth Commission was constituted in January 2002 and the government had nominated Dr. Poornima Advani as the Chairperson. The Fifth Commission was constituted in February 2005. Dr. Girija Vyas as the Chairperson. The sixth Commission was constituted in August 2011withMrs. Mamta Sharma as the Chairperson. The seventh commission has been constituted in 2014 with Ms. Lalitha Kumaramanglam as Chairperson. About the Webinar Bihar is a state which is the least developed as compared to other states of India. The condition of women in India is also not up to the mark since most of the population of Bihar population are belonging to Villages. If we see the health profile of this state, then we come to know that Bihar has the lowest health profile. There are various reasons behind it and pregnancy is also one of the reasons behind it. If we talk about the rights of women in the context of pregnancy in India there is no appropriate law for it. In about 70 years of Independence of India, women are working in many sectors parallel to the men. In the context of Reproductive Rights, judgments of Puttaswamy, recognize the constitutional right of the women which give freedom to make their reproductive choices. It is covered under Article 21 of the Indian Constitution (Justice K S Puttaswamy v Union of India 2012a: para 72, 2012b: para 46, 2012c: para 38). The bench also reiterated the position adopted by a three-judge bench in Suchita Srivastava v Chandigarh Administration (2009), which held that reproductive rights include a woman’s entitlement to carry a pregnancy to its full term, to give birth, and to subsequently raise children; and that these rights form part of a woman’s right to privacy, dignity, and bodily integrity. But things are very much different in reality. If we talk about life expectancy, it is higher in developed countries as compared to India. In India, we can see that the expectancy of females is not the same as the women of developed countries which indicate the poor health of women in India. This poor health might be due to different reasons and reproductive choice is one of them. One big issue of Indian society is that the choice of getting a son and these things are governed by the elder of the family. Such practices of getting a son as a baby are very common in northern India especially in Uttar Pradesh and Bihar. This proposed webinar will focus on the condition of women particularly in the context of their rights in reproductive choice in different districts of Bihar. Time 01:00 PM to 04:00 PM Date 27th November 2021 Speaker & Topic Details Patrons Hon'ble Justice Mrs. Mridula Mishra, Vice-chancellor, Chanakya National Law University, Patna Mr. Manoranjan Prasad Srivastava, Registrar, Chanakya National Law University, Patna Organising Committee Dr. Aman Kumar, Centre Coordinator, CRC CNLU [Mob. No. 9956585759] Mr. Chandan Kumar Sinha, Programme Coordinator, CRC CNLU [Mob. No. 8804186330] Registration (Free) Register through this link. Contact Us Child Rights Centre, Chanakya National Law University, Nyaya Nagar, Mithapur, Patna-800001, Bihar Email: crccnlu@gmail.com Web: https://www.crccnlu.org/ Student Coordinators Shreya Sinha Ayush Kumar [Mob. No. 7480830235] Note: E-certificate will be provided to the participants.

Categories for Submission Research Papers: Between 3000 and 5000 words, inclusive of footnotes. Papers in this category are expected to engage with the theme comprehensively, examine literature comprehensively and offer an innovative reassessment of the current understanding of that theme. Purely theoretical pieces are also welcome. Notes/Comments: Between 2000 and 3000 words, inclusive of footnotes. This section should include a thought-provoking and innovative piece consisting chiefly of personal opinions and analysis. Case Comments: Between 2000 and 3000 words, inclusive of footnotes. This part should entail an analysis of contemporary Indian or International judicial pronouncements relevant to the themes. It must identify and examine the line of cases in which the decision in question came about, and comment on implications for the evolution of that branch of law. Book Review: Word limit is between 2000 and 3000 for review of a book relevant to the themes. The review should identify the relevant arguments put forth by the author and present a comprehensive analysis of the same. Submission Guidelines We do not have strict formatting requirements, but all manuscripts must contain the required sections: Author Information, Abstract, Keywords, Introduction, Materials & Methods, Results, Conclusions, Figures and Tables with Captions, Funding Information, Author Contributions, Conflict of Interest and other Ethics Statements. You can use Times New Roman as font theme, 12 as font size and 1.5 line spacing. For footnotes use Times New Roman as font theme, 10 as font size and single spacing. Author(s) name, affiliation(s) & contact details: The author(s) full name, designation, affiliation (s), address, mobile/landline numbers, and email/alternate email address should be in12 point Times New Roman Font. It must be centred underneath the title. The submissions should be made in MS Word format (.doc). The submissions must not infringe the copyright or any other rights of any third parties. The submissions must not contain any obscene, defamatory or discriminatory material. The author(s) will indemnify the journal in case of any infringement. Themes for the Magazine Conceptualization of Rights of Children in Bihar Understanding the concept of Child Trafficking in Bihar History and Status of Children in Bihar Right to Food in Bihar Right to Education in Bihar Factors Contributing Child Labour in Bihar Role of education institutions in protecting the rights of children in Bihar Role of the different departments in the development of Children in Bihar Different schemes run by the Government of Bihar for the protection and development of children in Bihar Crime Against Children in Bihar Sex Ratio in Bihar Other’s topic-related issues Review Process The Editorial Board will promptly acknowledge the receipt of the submissions. The decision on acceptance of the submissions will be communicated to the author(s) within 10 days from the date of submission. The Editorial Board will review submissions carefully on the criteria of scope, content, structure, research, analysis, creativity, the accomplishment of the paper’s purpose and inclusion of counter-arguments in the submissions. The submissions will be rejected if plagiarized. Submissions must be made via email. Please send your manuscripts to membership.cnlucrc@gmail.com. The last date is 31st December 2021 Contact Info: Dr Aman Kumar Centre Coordinator, Child Rights Centre, Chanakya National Law University, Patna. Mobile- 9956585759 Mr Chandan Kumar Sinha Program Coordinator, Child Rights Centre, Chanakya National Law University, Patna. Mobile- 7979743690

By Neha Chopra, 1st Year, LL.B. student at Faculty of Law, Delhi University "There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow in peace." – Kofi Annan Addressing The Impact of Covid-19 on Children The onset of the #COVID-19 pandemic led to worldwide economic and social activity to halt. The government implemented various measures to combat the pandemic, such as restrictions on social, religious gatherings, confinement at home, closure of non-essential services and schools and colleges for several months in a row. The worldwide imposed restrictions by governments led to severe implications on a person's physical and mental well-being, especially children. The statistical data collected by National Crime Record Bureau's “Crime in India” 2019 report shows that crimes against children increased by 4.5% in the year 2019 as compared to 2018. The piecemeal data provided to us shows the exacerbated vulnerability of children and their exposure to violence more than ever as a consequence of the death of parents, closure of schools and colleges, and the financial crisis in the family. This article discusses the increased exploitation of children in myriad ways. It assesses how the global and national stakeholders are dealing with the challenges posed by the pandemic to ensure the well-being of children and lacunae in schemes and action plans to protect child rights on-ground realities. Increasing Risk of Violence During Covid-19 The devastating impact of Covid-19 has worsened the plight of children, especially some of the most vulnerable category who bore the brunt of the lockdown as there is a heightened risk of exploitation, violence and online sexual abuse owing to unfeasibility and interruption in the prevention or prompt redressal by social services, restrictions imposed on movement and travel. The vulnerable child population already suffer the precarious and disproportionate effects on their lives, and now this situation has catastrophic outcomes and posed a greater threat to their survival, therefore, warrant special attention and care in such trying times. Moreover, the detrimental effects will not be limited during the Covid-19 period. It will have a lifelong impact on children's physical and psychological well-being. Post-lockdown, the empirical data and studies show that neglect, physical and sexual abuse, human trafficking and other harmful practices have increased manifold as a result of disruption of livelihoods, uncertainty, mandatory orders to stay inside, social isolation and loss of caregivers. The pandemic is not just about a health crisis; it has done much more than that. During the pandemic, people have adverse effects on mental health, leading to a rise in anxiety, depression which further led to disruption in family mental peace, domestic abuse witnessed by children. Moreover, the condition of underprivileged children and those who are orphaned has only worsened in the light of the Covid-19 pandemic. The economically marginalised sections of the country are jobless, scarping along the meagre amount of money provided in the name of covid relief. One of the possible and detrimental impacts is subjection to child labour, trafficking due to the economic crisis faced by families or being left to beg on the streets after the death of their family members. Though various governmental organisations like NCPCR have made some progress in decreasing the cases of child labour, such progress has been undone several months into the pandemic. Findings by ILO and UNICEF suggest that Covid -19 pandemic has triggered the risk of more children being subjected to child labour by the end of 2022. As families lose livelihoods, they cannot meet basic needs This, in turn, is affecting the education and development of children, especially the girl child. The regressive practices and societal notions in a patriarchal society against women are deep-seated; the education and health of girl children are often undermined and are married off early in especially rural households. The ongoing pandemic has further escalated the situation. The only resort marginalised sections can think of to survive the pandemic is sending the girls back to doing household chores or marrying them off, further intensifying the gender inequalities. According to UNICEF, there will be a spurt in child marriages due to Covid-19. An estimate shows that 10 million more girls are at the risk of child marriage, perpetuating gender discrimination. Child sexual abuse means when a child below the age of 18 years has been subjected to any sexual activity that he cannot fully comprehend or is unable to give or cannot give consent. There has been unprecedented spurge in the cases of online child sexual abuse as many children are spending more time online due to the closure of schools. According to the NCRB report on ‘Crime in India’ 2019, there is an 18.9% rise in cases filed under the POCSO Act. There is also an upsurge in intrafamilial sexual abuse cases during Covid -19 as potential financial pressure, heightened stress and anxiety has hampered the amount of care and protection given to children in pre-covid times. Thus, it could be seen that Covid-19 has impacted the dynamics and interventions with the families in the context of mental agony, neglect, online sexual abuse etc. Rights of Children under Law According to Article 1 of the United Nations Convention on the Rights of Child (UNCRC), a child means every human being below the age of eighteen years unless the majority is attained earlier under the law applicable to the child. In India, various legislation and acts provide different requirements of age to define ‘child’. The Constitution of India enumerates certain provisions aimed at the protection, development and welfare of children. Article 15 guarantees making special provisions for safeguarding the rights of children. Article 14, 15,21,23,46 of the Constitution talks about the right to equality, discrimination, protection of life and personal liberty, protection from bonded labour, protection from social injustice and all forms of exploitation. Directive Principle of State Policy (DPSP) includes Articles 39(e), 39(f) and 45, which ensures that children are provided with opportunities and free and compulsory education. Various other specific legislations guarantee rights and protections as guaranteed in Constitution and UNCRC, namely the Child Labour (Prohibition and Regulation) Act,1986, The Juvenile Justice Act,2000, POCSO Act,2012 etc. Clarion Call for Implementing Measures Despite various acts and legislations, the Covid-19 pandemic exacerbates the risks of an increase in incidents of violence and exploitation of children, and therefore, the need arose for immediate action and measures to ensure protection against all forms of abuse. Recently, The End of Childhood Rankings 2020 was released by the UK- based Save The Children, NGO and India ranked 113 on Global Child Rights Index out of 180 countries. The report is calculated based on factors affecting their childhood such as exclusion from education, child labour, child marriages, early pregnancy etc. shed light on the need for strengthening the existing legislations and making them more effective. Various global stakeholders such as UNICEF, call for global action to protect children from violence on a priority basis by taking measures such as launching awareness campaigns, funding and amending laws, re-designing action plans for SDGs, keeping in mind the impact of the pandemic and also recommended the juvenile justice boards to remain open and hold meetings ensuring the protection of children at greater risk during a pandemic. The ILO has also urged India to ensure social security and target poverty elimination, safeguarding the interest of children. The Covid-19 panned out in the most unpredictable way giving no time for taking conscious measures considering the unavailability of resources. NHRC has issued advisory and guidelines about the protection of children such as online registration of POCSO cases, reporting of cybercrimes via text messages and telephone, measures to ensure the privacy of children, ensuring proper functioning of childcare helplines and mandatory check of child abuse in complaints of domestic violence etc. It is a jagged pill to swallow, but the ground realities are totally different despite the immediate welfare steps taken by the government to prioritise child protection. The 'PM CARES for Children' scheme provides relief measures for children who have lost their parents due to Covid-19 by bearing the educational and personal requirements, but there are some procedural bottlenecks in the scheme. It would be challenging to prove that they lost their parents due to the pandemic and other factors such as lack of education or awareness. It is, therefore, imperative for the government to check and strengthen the existing legislation and take stringent steps for protecting and safeguarding child Rights. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Yuvraj Mathur, a 2nd year, B.A., LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab #COVID-19 lockdown conspicuously highlighted the ubiquity of domestic abuse, comprising the gendered division of domestic work, all of which are rooted in the practice of patriarchal power. Although lockdown succeeded in plummeting the number of coronavirus cases, in turn, cases of domestic abuse rose manifolds. The lockdown worsened the factors contributing to domestic abuse, significantly restricting survivors’ potential to seek relief and redress, and placed an austere onus on providers seeking to intervene and respond to survivors. The Covid-19 lockdown, with the text “stay home, stay safe” devised to avert the propagation of the virus, led to an upsurge in the intensity, frequency, and scale of violence against women and children in their ostensibly “safe” homes. No lockdown for Domestic Abuse In early April, domestic violence was titled as a ‘shadow pandemic' by U.N. Women. According to reports, in the pre-covid times, a third of the women were subjected to domestic abuse, both in parental and matrimonial homes. Nevertheless, the advent of pandemic marked that the rates of domestic abuse have severely amplified after a lockdown in India. The indications of the issue were first disclosed in mid-April, in figures presented by the National Commission of Women (NCW), which disclosed that domestic abuse cases doubled during the lockdown. As per the official data, complaints of crimes against women received by NCW were 19,730 in 2019, which surged to 23,722 in 2020. Similarly, when most people were confined to their homes due to pandemic, the number of domestic violence complaints drastically increased from 2,960 in 2019 to 5,297 in 2020. NCW, to counter the surge in the complaints, notified a WhatsApp number to receive complaints of the abused women. NCW chairperson Rekha Sharma mentioned that during the lockdown, Punjab reported the highest number of domestic violence cases, all of which were complained on email. Delhi observed the highest complaint rate receiving about 32 complaints per 1 million women. U.P. reported 600 complaints, the highest among all States. About 86% of women who confronted abuse never sought help, and 77% of the sufferers did not even disclose the occurrence(s) to anybody. Family as the Primary site of abuse The pandemic substantially transformed people's lives and, most notably, family dynamics. The lockdown was particularly troublesome for women since they had to juggle between domestic responsibilities while managing their work. Over 90% of women reported intensified levels of economic, sexual, emotional and physical violence during the lockdown. They reported being subjected to severe punching, pushing, hair pulling, arm-twisting, slapping, kicking, beating, suffocation, bodily harm during pregnancy, and refusal of the meal, and two incidents of dowry-related homicides. Women who confronted verbal assault prior to the lockdown stated it intensified physical violence during the lockdown. Forms of emotional abuse cited were disrespectful and demeaning comments in front of the children, negative remarks about appearance, denying medication, abusing parental family, desertion, restraints of mobility and interaction with parental family, forcible eviction from the home, character assassination, and verbal humiliation. They also included throwing cooked food on the floor, not being allowed to work outside or speak to anyone, policing at home, constant criticism, and threats of divorce, desertion, and being thrown out of the home as well as murder, and a tendency of the abuser to self-harm. Violence in the Domestic Sphere During the pandemic, there has been a substantial upsurge in the domestic work women are supposed to discharge, with all the family members being at home. Demands on them and their time grew, causing greater stress and abuse. Women suffered severe economic abuse and food insecurity during this period. Perpetrators losing their jobs and income led to their inability to meet basic family needs. Some women even caught their husbands red-handed having an extramarital affair, whilst others were themselves accused of having an extramarital relationship and their husbands being more suspicious and paranoid of them. Women being easy targets who could not counter became the answers to their husband’s stress, anxiety and frustration. Women who were divorced or abandoned and are reliant on maintenance from their spouses reported sustentation being discontinued and their impotence to access courts to file for the execution of maintenance orders. Women who were domestic workers were self-employed, daily wage earners, or in the unorganised sector who lost their sustenance faced aggravated monetary distress. With increased violence during the lockdown, there has been a critical toll on women's mental health because of the financial insecurity and the anxiety and fear around Covid-19, which severely affected their interpersonal relations, general functionality, appetite and sleep. Not only elderly women but also single women living alone, unable to connect with relatives and friends, were found depressed. Those ensnared with the abusers were traumatised, stranded and petrified for their existence. There was a significant intensification in the number of survivors reporting suicidal ideation. Addressing the Shadow Pandemic of rising Domestic Abuse A Parliamentary Standing Committee on Home Affairs headed by Rajya Sabha MP Anand Sharma that deals with “atrocities and crimes against women and children” has found that due to the disruption in economic activities, the lockdown led to a spurt in cases of domestic violence and trafficking, and recommended continued cash transfers and the moratorium on loan repayments, among other steps, to empower women. The committee, in its report, analysed the causes behind the rise in atrocities against women thoroughly and proposed deploying decoys to check if cops are properly registering FIRs. It also recommended adopting and implementing the “Online Investigation Tracking System for Sexual Offences (ITSSO)” by all the states. Learnings from the lockdown Its high time now that there should be an increase in the facilities for women to report domestic abuse incidents in a situation of sustained restriction of mobility. Concerned authorities need to ensure the availability and coordination of survivor support services and classify them as "essential services" at all times. That proper protocols and infrastructure are put in place to ensure that services are functional and accessible in crises. While the countrywide strictures have been eased, various district and state level lockdowns are enforced every now and then, allowing the shadow pandemic of domestic abuse to shoot simultaneously. Violence against women must not be counted as an inevitable crisis but rather to improve the otherwise delayed policy implications to address the situation. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Aadya Dipti, a 4th year, B.A., LL.B. student at Banasthali Vidyapith, Rajasthan Introduction Children are considered the greatest assets of a country. The future of any country depends upon how the children of that country are treated. Various rights are provided to children for their growth in a healthy and safe environment. Children rights are human rights that provide opportunities to children to develop their social, mental and physical well-being. India ratified the United Nations Conventions on the Rights of Child (UNCRC) in 1992, which have the provisions to end child suffering and provide rights to children according to their wants, needs and overall physical, social, and mental development. The Constitution of India under Article 14, Article 21, Article 23, Article 24 provide fundamental rights to the children and any laws regarding the children are framed with regard to these Constitutional provisions. Though the rights are provided to children, there is a lack of enforcement. We can still see the cases of child marriage, child labour and discrimination against children inform education, health care and many more. The infant mortality rate is still high in India. During the period of Covid 19, the condition of children, especially the poor children, became worst as they were deprived of education, food, health care facilities etc. The government enacted special legislation to protect the rights of children, like the Juvenile Justice Act. In this paper, the author will discuss the role of the Juvenile Justice Board and the Child welfare commission in protecting the rights of children. Juvenile Justice Board & Child Welfare Commission In 1986, India enacted the Juvenile Justice Act and The Juvenile Justice (care and protection) Act, 2015, after repealing the Juvenile Justice Act (Care and Protection) Act, 2000. After the case of Mukesh & Anr v State for NCT of Delhi & Ors, popularly known as the "Delhi gang rape case", the central government enacted this new Act. In general concept, a child means a person under the age of eighteen years and is not mature enough to understand what is right and what is wrong. The child is defined under Section 2(12) of the Juvenile Justice (care and protection) Act as a "child", which means a person who is under the age of eighteen years. This Act classifies the child into two categories that are "child in conflict with law" and "child in need of care and protection". On the date of commission of the crime, if the age of the child is under eighteen years, he is known as a child in conflict with the law. Under Juvenile Justice Act, there is a provision to constitute Juvenile justice board and child welfare commission. Constitution of Juvenile Justice Board In the Juvenile Justice (care and protection) Act, 2015, there is a provision to constitute Juvenile Justice Board. The objective behind the Constitution of the Juvenile justice board was to provide reformation and rehabilitation to a child who has committed the offence and not held the child guilty by punishment. This Act is constituted to deal with children in conflict with law under Section 4 of the Act. Under this Act, the board shall consist of a Principal Magistrate who is the Chief Judicial Magistrate or a Metropolitan Magistrate who have at least three years of experience. There shall be two social workers, of which one shall be women as prescribed by the law. The decision of the principal magistrate shall be final. Under Section 4(4) of the Act, the measures are given on which the member can be disqualified from being an aperture of the board. Constitution of Child Welfare Commission In the Juvenile Justice (Care and Protection) Act, 2015, there is a provision to constitute Child Welfare Commission. The Child welfare commission is constituted to deal with the child in need of care and protection under Section 27 of the Act. According to this Act, there shall be one or more than one child welfare committee in every district of the state to perform duties for the children in need of care and protection. There shall be a chairman and four other members in which at least one member should be a woman in this commission. To become a member of the child welfare committee person should possess all the prescribed conditions. For at least seven years, A person should be actively involved in education, welfare activities, and health in relation to children. Protection of Child Rights Juvenile Justice Board and Child Welfare Commission are responsible for protecting children and their various rights. The role of these bodies in protecting child rights are- Role of Juvenile Justice Board The juvenile justice board deal with the cases related to children in conflict with law constituted in any district. There are various functions of the Juvenile justice board- Board will ensure informed participation of the child, parents or guardians in the whole process. Ensure that the child's rights are being protected in the whole process of inquiry, arrest and rehabilitation. Ensure that legal aid should be available for the child through various legal services institutions. Suppose the child cannot understand the language during the proceedings. In that case, the board will provide a qualified interpreter or translator to that child. Board will include an individual care plan for child rehabilitation while disposing of the matter or passing the final order. Board will conduct an inspection of residential facilities provided to children in conflict with the law every month and will recommend District Child Protection Unit and State government to improve the quality of these residential facilities. Role of Child Welfare Commission The Juvenile Justice (care and protection) act states the function of the child welfare commission under Section 30. The child welfare commission deals with children in need of care and protection. In protecting the rights of children, the role of the Child Welfare Commission are- Conduct inquiry on the matters related to the safety of the children and will direct to investigate and submit reports in issues related to child to District child protection unit, child welfare officers, and non-governmental organisations. Conduct the inquiry to find a fit person who can take care of children who is in need of care and protection. The commission will select the institution to shift the child that requires special support on the basis of the child’s age, disability, gender and need. The commission will ensure rehabilitation, restoration, care and protection to the child. It can give instructions to parents or guardians or the people who are fit to provide facilities necessary for the well-being and proper development of the child. It collaborates with the institutions involved in the care and protection of children like police, non-governmental organisations and other agencies to provide services to a child in need of care and protection. Commission make all efforts to find the families of lost and abandoned children and restore them to their families. These are the various roles of the Juvenile justice board and child welfare commission in protecting the rights of children. These bodies protect the rights of children and provide them with a safe environment for their well-being. Children in conflict with the law need special care and protection instead of treating them like the other criminals, and the Juvenile justice board ensures the protection of their rights during proceedings. Child welfare committees are constituted to protect the children in need of care and protection and carrying out functions to protect the right of these children. Conclusion Our Constitution provides various legal, social and political rights to the children to live with dignity, good health, protection and education. There are various special laws to protect the rights of children, and one of them is the Juvenile Justice (care and protection) Act, 2015. This Act provides protection to children below 18 years of age. It has categorised children as children in need of care and protection and child in conflict with the law. It has the provisions to establish the Juvenile justice board and child welfare commission which protect the children and their rights. Due to the influence of society, social media or various internet sites, children are involving in different criminal activities. These types of bodies are required to protect children from these activities. There are some children who need special care and protection, and the child welfare commission works for these children to protect them and their rights. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Arya Harsh, a 4th year, B.A., LL.B. (Hons.) student at School of Law, University of Petroleum and Energy Studies, Dehradun “The true character of a society is revealed in how it treats its children” - Sir. Nelson Mandela. This pandemic witnessed the highest number of labourers losing their jobs, which could also be remembered as an era of unemployment. Nevertheless, the discrepancy in the legislation vis-à-vis child trafficking, especially in the time of #COVID, has led these people in business to grow more and more each day. Taking the benefits of unemployed parents, these unhuman people in the game has developed their strategies well enough to earn a lot of money. The majority of unemployed labourers who left their factories at the time of the announcement of the Nationwide lockdown are still unemployed, which has created great stumbling blocks for them. As a bread earner, it has also led them to undergo depression and anxiety, which is also the most significant reason behind the augmentation of child trafficking day by day. The repercussion of child trafficking can directly have a mass effect on the nation as a whole, as a child is believed to be the future maker of every country. This mass appealing business of child trafficking for criminals has become a very easy source of money. People involved in the game of child trafficking are operating nationwide, which makes it even more complex and not easy to remove it from the roots. Nation has a weak state border law, and there is an essence of negligence on the part of the Government, which leads these child traffickers to play their game very quickly and are untraceable. The vigilance of the field, local and state-level, needs to be unbeatable and efficient enough if we want to stop this criminal game. These traffickers are well acquainted with the police movements as they have their connections in the local department, which is the major reason for them not getting arrested. In a statistical study, it was believed that more than 400 districts in India are the playgrounds of these child traffickers. Trafficking in persons leads to separation of families, eroding of social bonds, support networks, and undermining the economic prosperity of communities. Trafficking is the game changer when we talk about, exploitation of human rights. Trafficking involves the illegal use of the human body for commercial purposes. These child trafficking cartels operate nationally as well as internationally. All the "easy to access" borders like Nepal, Bangladesh and Bhutan are used by the Indian child traffickers to carry out their game on an international level as well. According to the International Labour Organization, the game of trafficking is worth 150 billion USD, which mostly includes the trafficking of children, as children are easy to dominate and have a higher price in the market. Epexegesis of Laws Punishing for Trafficking of Human Various laws have harsh punishments for the offence of trafficking, some of which are as follows: The Immoral Traffic (Prevention) Act, 1956: This is the prime legislation governing the immoral practice of human trafficking. Article 23(1) of the Indian Constitution: Trafficking of beggars, human beings and different categories of forced labour are strictly interdicted and is engraved in Article 23(1) of the Indian Constitution, which is commonly believed to be the "Grundnorm” of India[1]. Prevention of Children from Sexual Offences (POSCO) Act,2012: This legislation is a set of special laws to protect children vis-à-vis exploitation and sexual abuse. It has different aspects of sexual assault engraved within its root, which provide a more detailed essence for the offences.[2]. Prohibition of Child Marriage Act, 2006: The main objective of this legislation is to adjudicate, solemnisation of child marriage and matters relating to child marriage[3]. Bonded Labour System (Abolition) Act,1976: This act was enacted to prevent the bonded labour system. Preventing physical and Economic exploitation of the weaker section of the society is also one of the aspects this act deals with. Child Labour (Regulation and Prevention) Act,1986: The name itself is self-sufficient to explain the main objective behind enacting this act. This act regulates and prevents different forms of child labour practices.[4]. Transplantation of Human Organ Act,1976: Trafficking of a human being is done with a Mens Rea of smuggling of the human organs, as it has a very high price in the underworld market as well as it has very high demands. This legislation was enacted in respect of preventing such illegal smuggling of Human organs.[5]. ‘ Some provisions Under the Indian Penal Code,1860: Section 373,372,370 and 370A are the provisions that penalise an act of trafficking for various purposes.[6]. The Situation in Bihar Bihar has witnessed a very disheartening and anonymous number of trafficking children in light of poverty and as an impact of Covid 19. An anonymous number of children were trafficked with the consent of their parents. According to data from Child Welfare Organization, around 250 helpless and innocent children were rescued from the trafficking game in the state of Bihar. According to National Crime Record Bureau, around 294 children [D1] who were minors and belonged to the state of Bihar were rescued all over the country. A 15-Year-Old child, Birendra Kumar from Morangpur, Gaya, was rescued from the bangle factory of Jaipur. He said he went to Jaipur through a broker. The broker paid his father two thousand rupees and sent him off immediately. He also added that he lived with fifteen other children in a room at the bangle factory. The brokers, or so-called "Dallas", offer a price ranging between Rs.2,500 to Rs.3,000 to the parents in the name of giving work to their children in other states across the country. Nevertheless, the children end up being trafficked by these "animals” in the game. In a joint operation conducted by the Government Railway Police, Railway Protection Force, and Women Development and Child Welfare Department, 15 children were rescued at Vijayawada. It was said that all 15 children were natives of Bihar. They were about to be trafficked to Karnataka. The District Child Protection Officer said they have arrested four men involved in this case and are searching for the brokers involved. These are some of the recent cases which involved the trafficking of children from Bihar to other states of the nation. We need to understand that this game should come to an end, or it will have an adverse effect on society. People believe that Bihar is an undeveloped state and lacks money, but guess what many of the major players of the game of trafficking are playing in billions and millions by exploiting the situation of the unemployed parents. To put this big game to an end, more powers should be granted to the local authorities. The local police, local NGOs working in the field of child development, and all the local departments dealing with child protection shall be conferred with great power to finish this game from the root itself. Moreover, the state government should employ all workers who are unable to earn bread for their families in this pandemic. Conclusion In order to make the future of the nation bright, it is crucial to realise the part played by the youth or the children in the Nation-building. Despite having strict laws, children are being exploited. Not only in Bihar, but this game has become big enough and is going nationwide too. Exploitation is not a newly introduced concept; it was introduced a long time ago and had been going on since then. However, we need to realise, the growth of this game has rapidly increased and deepened in the time of the pandemic. As the parents are helpless and unemployed, these guys are using this situation well enough to play this game more efficiently and effortlessly. These guys have to pay few bucks, and the job is done. Bihar has definitely become the hotspot for the child trafficking game. Different organisations, as well as departments related to child welfare, have done a very good job so far. However, they are needed to be more cautious as this game has reached a whole new level in this time of Covid. No one has the ability to foresee the future of these children but guess what, all the national leaders were children someday. Even you were a child, a long time ago. Think, Analyse and Act. References [1] INDIAN CONST. art 23, cl. 1. [2] Prevention of Children from Sexual Offences Act,2012. [3] Prohibition of Child Marriage Act,2006. [4] Child Labour (Regulation and Prevention) Act, 1986. [5] Transplantation of Human Organ Act,1976. [6] The Indian Penal Code, 1860. [D1]Cite the source (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Ramayni Sood, a 4th Year, B.A., LL.B. (Hons.) student at Amity Law School, Delhi Introduction The #COVID-19 pandemic has brought with it times where child rights have been completely neglected. Children in India are battling against the deadly coronavirus in addition to the stress of coping with online education in these circumstances, where many are losing family members and close relatives. It is noticeable that the government and educationists in India have been functioning according to their whimsical timelines while dealing with child-related issues. For instance, recently, board examinations for Class 10 and 12 students across the country were cancelled after the students were left on a cliffhanger for months. Another such issue that's been overlooked is the lack of clarity on vaccination for children below the age of 18 years. The government of India has systematically allowed vaccinations for different age groups since January 2021. Most recently, people between the ages of 18 and 45 were made eligible to get vaccinated. One can note a hierarchy that the government has followed. The vaccination drive started with the most vulnerable groups; first, the health care workers, whom people above 60 years followed, and those with co-morbidities. However, there is little clarity regarding the status of vaccines for children below 18 years in India. Are they not vulnerable? When one looks at the issue of lack of clarity on vaccines for children, it seems like a standalone health-related concern. However, when it is seen in the backdrop of prevailing circumstances since March 2020, one realizes that it has far more profound implications than acknowledged. It is a chain; non-vaccination implies continuity of social distancing norms that have been followed since the past year, like non-reopening of schools, that further leads to lack of socialization at the tender ages when children develop their personality. When this is coupled with the stress of online education, fear of the virus and the post-traumatic stress left by the deadly second wave in India, the situation of children can be termed precarious. Most Indian children face this stress coupled with the financial troubles of their families and the lack of resources to access online education. Thus, there is an undeniable effect of the non-vaccination of children on their mental health. This article aims to analyze the various facets of the issue of non-vaccination of children and scrutinize the legal aspect of the efforts of the government to vaccinate children in India. State Responsibility Article 21 of the Indian Constitution guarantees every person a right to life as a fundamental right. Right to life does not mean mere survival or animal existence; instead, it has been accorded the widest interpretation by the Supreme Court. In cases such as State of Punjab v. Mohinder Singh Chawla and Others, it has been reiterated that the right to life includes within its ambit the right to health, which is an inherent and inescapable component of a dignified life. This right to health is not merely a remedy. It imposes an obligation on the State to ensure the existence of adequate public health provisions. Part IV of the Indian Constitution enlists the Directive Principles of State Policy. It reflects the legislative intent to shape India as a welfare State. This implies that all State action must be directed towards achieving the goals enlisted in Part IV. However, as held in D.S Nakara and Others v. Union of India, only when the State successfully achieves the objectives under Part IV can we claim that a welfare State has been set up. When article 21 is read in tandem with the Directive Principles of State Policy, it is apparent that the Constitution dictates the State to be responsive towards citizens’ healthcare, especially children. Furthermore, article 39(f) of the Constitution talks of the right of children to enjoy equal opportunities and facilities to develop healthily. Even though Part IV is not enforceable by any court, article 37 of the Constitution imposes a duty on the State to apply the said principles for governance. Thus, the State must ensure adequate healthcare, especially for children because, firstly, the right to health is incidental to the right to life and; secondly, it is a welfare measure in furtherance of establishing a successful welfare state. Status of Vaccination In a recent parliamentary meeting on 27th July 2021, the Union Health Mister, Mr. Mansukh Mandaviya, stated that children are likely to start getting vaccinated from next month, i.e. August 2021. However, it has been noted that the same is a tentative date as vaccination trials by Bharat Biotech’s Covaxin are currently underway. Thus, there are chances that the estimated time may shift to September 2021. A Writ Petition was filed before the Delhi High Court that sought directions to allow children between 12 to 17 years to get vaccinated immediately. The case was filed in line with article 12 of the United Nations Convention on the Rights of the Child, which recognizes the government’s obligation to ensure the voices of children are heard. The Petition also prayed to formulate a National Plan that covers all aspects related to protecting children from Covid-19. The Central government clarified that the Bharat Biotech vaccination was undergoing trials for children. It was held that trials were essential and could not be made timebound, leading to disasters. However, instead of dismissing the Writ, the court re-notified it for 6th September to track the status of trials as the issue was noted to be of great concern. With respect to the second contention, the court noted that the Center has “failed to prepare a National Plan for children in adherence to the guidelines as given under the National Disaster Management Plan 2019, formulated under the Disaster Management Act 2005, which clearly recognize children and their vulnerability during a ‘biological disaster’, such as the present COVID pandemic”. While the world continues to debate whether children should be vaccinated or not, we see two significant views that have emerged. Some countries like the United States have approved vaccinations for their child population above 12 years. In contrast, United Kingdom has delayed vaccinations for adolescents under sixteen years of age unless they are in the high-risk category. Vaccinations like Moderna and Pfizer, amongst others, have successfully completed trials and have been declared safe for adolescents. However, they have not been given the go-ahead by the Indian government, and they still await approval. Analysis When one analyses the position of vaccinations for children in light of the State obligations under Part III and IV of the Constitution, we note extreme inadequacy on the part of the authorities. While scientific processes like vaccination trials cannot be sped up and the same are not in the control of the government, the lack of proactiveness to find quick solutions can be seen in their approach. Non-preparation of a National Plan for children is a testament to their lackadaisical approach. Foreign vaccinations like Pfizer and Moderna that have been clinically approved for adolescents have been awaiting approval from India for a few months now. Some argue that vaccination approvals are a matter of policy concern. Therefore, it is expected that legal approvals take their own sweet time; however, it must be emphasized that the world currently faces exceptional circumstances that require quick solutions. Experts await the third wave of Covid-19 in India soon. Medical professionals have noted that children will be especially vulnerable to the new variant of this deadly virus. From a right to health standpoint, the need for proactivity can be seen as vaccinations for children seem to be lost in the government's priority list. A welfare government must ensure that adequate healthcare is available to Indian citizens. The provision of vaccinations during a health crisis such as this is squarely covered within that obligation. Unfortunately, we see politics taking precedence over issues that will have dire consequences if not solved. Acknowledging the limited role of the government in speeding up vaccine trials in India, one still cannot deny the casual approach towards this issue. India awaits decisions on the approval of medically approved foreign vaccinations administered to children worldwide and the status of the Bharat Biotech vaccine trials. Either way, a clear stance and swift approach are a must, which can be ensured through judicial pressure. The judiciary must resume the proactive role that it played during the second wave of Covid-19 in India. It must ensure that all government machineries are held accountable for their actions, and all decisions on the issue of vaccines for children are taken while maintaining transparency. Clarity on the subject and answerability is the first step towards solving this crisis that continues to haunt the country. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Apurva Pandey, 2nd Year, B.A., LL.B. (Hons.) student at Symbiosis Law School, Nagpur Introduction With the ever-increasing #COVID-19 cases and #COVID variants swaying the entire nation, the routine of physical work came to a halt. It was exactly when people worldwide decided that it was the time a 'new normal' was adopted and hence the transition from offline to online was conceivably inevitable. While this transition was more or less smooth for people with constant access to the latest technology and the fastest internet, the remotely cornered groups had a coarse path ahead. Such disparity can be studied through a microscopic view of schools and their ways of adopting online modes as a medium of imparting education. Is it the same everywhere? The answer is NO. Imparting education online might sound easy and convenient. However, the immense struggle behind setting up the entire concept is tedious. Adding to it is a problem of disparities present between private schools and government schools, which is constantly impacting the way they deliver online education. This disparity ultimately comes at the cost of the education of young children, and the pandemic is not certainly helping the situation. Online Education in Private Schools High-end private schools have significantly catered to the educational needs of those who can afford them. Not just mediocre but luxurious facilities and infrastructure has been the topmost priority of these private institutions. While this is visible when we look at the sprawling infrastructure and top-notch facilities physically, private schools try to make sure that the same quality is available online as well. Most of these private schools are well equipped with proper infrastructure and facilities for e-learning such that students can efficiently study from the comfort of their homes. Studying, conducting examinations, correcting assignments and even taking attendance becomes an easy job in the online mode with the proper equipment. Private schools and the physical support they give to vocational skill-based activities also give them an impetus to continue this in the online mode. With the resources most of the private schools have, online workshops and courses have been implemented to further the learning of both the teachers and the students. The easy availability and access that private schools have provided to their students and teachers in the online mode are just some of the perks one can experience while being enrolled in a private school in India. The teacher-student ratio is considered suitable for physical teaching. Even in the online mode, it serves the needs through one-on-one interactions. Online Education in Government Schools The entire education process in government schools is utterly antagonistic to the ones in private schools. While an assumption cannot be made for all, most government schools lack the required facilities and resources to conduct physical classes smoothly. Conducting classes automatically becomes a complex task. Access to the latest technology and internet requires the proper equipment. This is not possible till high amounts of funds are allocated for the same. Government schools often do not receive enough funds for proper conduction of physical classes, such that online classes are a utopia for most of them. Due to this pandemic, even government schools had to expand their Horizon to online teaching and affording all the heavy equipment is a tough job with a funding crunch. Additionally, the accessibility factor also comes into the picture. At the same time, statistics show that 62.8 per cent of the boys and 70% of the girls are on the rolls of government schools are from villages; it is also essential to note that some of these children might not have the required environment for the smooth conduction of online classes either. Steady electricity or continuous access to smartphones/laptops might not always be possible, which would disrupt the access to education for many aspiring students. While this problem might even be seen with students of private schools, most of these private schools have enough funds to compensate for the loss, which might not be the case with all government schools. Since the ratio of students coming from rural areas as stated above is high, accessing technology from some remote rural areas might hinder serving the objective of 'education for all.' Online Education- A Way Ahead While it is clear that there is a disparity between private and government schools in their conveying education, it can indeed not be used as a way to generalize the fact that one type of school is better than the other. The idea of online education is not new and hence has been the preferred mode by most. While some government schools in this matter face a setback, it can generally lead to education inequality between the students. The level of education offered might vary between the two schools physically. However, the question that arises is if online education is the right way ahead? When we compare the types of schools and the opportunities they offer to students online, it can be fair to say that there is a disparity. However, if accessed smoothly, the 'education for all' motto can indeed be achieved. Online education can reduce the gap in terms of opportunities and quality of education offered in physical premises. This is because students from both private and government schools could be exposed to the same level of information and available online sources. Even if the schools fail to provide the required online resources, the vast amount of resources that are too of the topmost quality can be used by students easily. This surely would provide a level playing field to all and ensure that the quality of education does not suffer because of the lack of facilities physically. The only assumption one takes into account is the constant access to technological demands posed by online education, without which the entire process is inevitable. However, the harsh reality is that technological demands posed cannot always be met by everyone, and students would not get the level playing field till this technological gap is bridged. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Aditi Singh, a 2nd Year, B.A., LL.B. (Hons.) student at Damodaram Sanjivayya National Law University, Visakhapatnam "The worst sin towards our fellow creatures is not to hate them but to be indifferent to them, and that is the essence of inhumanity." -George Bernard Shaw Introduction Childhood is the most precious phase of life. Free from the burden of responsibilities and struggle, a child learns to live vicariously. Unfortunately, the utopian scenario is not guaranteed to every child. The street children are strewn with the struggle to make both ends meet. Consistently living in unhygienic and meagre conditions, they are snatched of their innocence. The peril does not stop here; the worst part is that no formal data could help the country identify the children in distress and help them live a decent and legally recognized life. The advent of the COVID-19 pandemic added to the existing miserable conditions of the street children. People became hostile, paranoid, and apathetic towards the children living on the streets. The country moved towards its downfall, condemning its future leaders. The number of children on the street is increasing rapidly under the threat of domestic abuse, poverty, lack of medical facilities and abandonment issues highlighted during the pandemic. Beginning from the inaccessibility of clean masks to the inability to reap the benefits of the Government policies, the street children experienced many violations of human rights. Legal Recognition of Street Children India does not have a separate and specific law to protect Street children. Street children come under the ambit of a neglected child, as enunciated in §2(2) of The Children Act, 1960. The Act recognizes the needs of such children in detail but lacks proper implementation. Thus, protection and classification of street children in India can be done based on UNICEF guidelines. UNICEF classifies children as Street Working Children, Children from Street Families and Street Living Children. The first category is the safest kind of children, and they spend most of their time on the streets working and earning bread for their family. Nevertheless, they return home on a regular basis and have the comfort of families above their heads. In the second category, children are comparatively more vulnerable. They, along with their families, live on the streets. Although they have the hood of their families over their heads, none of them is recognized or respected by society. The third category consists of children in the most devastating, distressed and disturbed state. They are the children who have fled from their homes. They live on their own. They labour in small industries, beg on streets, at times steal to ensure they can have at least one meal at the end of the day. They move from place to place, living on streets and abandoned buildings. They neither have their families to support them nor they are recognized by society. Though all the three categories of children are at a disadvantageous stand during the pandemic, the article mainly focuses on the second and third categories of children. The Grim Situation of Street Children in the Pandemic They are living on the verge of life and death. Children on the streets live in consistent violation of the Right to Life. While struggling to find food and working to sustain themselves, the Right to Education is also snatched away from them. Forced into labour and menial work, children work in violation of the Labour Laws of the country. No records, no data, no place to express encroaches upon their Right to Recognized and Right to Freedom of Speech and expression. In the pandemic phase, human rights violations against street children have become a common phenomenon. They are considered criminals and hooligans. Since they are isolated from society for defying public order, street children are considered perpetrators of indecent behaviour and criminal tendencies. Consistent ignorance has led to an increase in disturbing facts and the poor current condition. The consistent nagging and financial constraints at home forced children to move on the streets, begging, being exploited, carrying luggage and making tea to ensure a one-time meal for themselves and their families. The pressure to work and earn prevents them from enabling their Right to Education, enunciated in Unnikrishnan V. State of Andhra Pradesh. Children, who do not even have a permanent abode, were forced to follow strict lockdown restrictions. Crammed up in unhygienic abandoned buildings and shelter homes, the Right to Life under Article 21 of the Indian Constitution for these children was violated. Street children were seen wearing used masks or no masks at all. Inaccessibility to clean masks, a basic necessity during the pandemic, was the first grievous violation of the Right to Health. Having no one to take care of tender beings, they continued to fight for basic health facilities from the Government. Right to Health was recognized as a Fundamental Right in Bandhua Mukti Morcha v Union of India & Ors. Despite these, the Street children did not enjoy the Right. They continued to fight for an ounce of oxygen and medicines during the pandemic. The scare of the COVID-19 pandemic combined with the threat of scabies, gangrene, broken limbs and epilepsy became a common practice during the pandemic. Young girls were forced into bonded labour and human trafficking for sexual pleasures. This puts young girls prone to diseases like HIV/AIDS, without any medical facilities to sustain them against the judgement of Gaurav Jain v Union of India. The recent HIV and AIDS (Prevention and Control) Act, 2017, does not protect marginalized sections like street children. To add to the perils, the street children could not reap the benefits of the policies and the help provided by the Government. The reason being, these children do not possess the required documents to prove their citizenship. Bank accounts are a fetched dream when they do not even possess birth certificates or Aadhar cards for that matter. The steps taken by the Government were futile. They did not help in uplifting or saving the living conditions of street children. The Government failed to fulfil its responsibility under Articles 39(a), 46 and 47 of the Indian Constitution. The lack of legislation to protect and legally recognize the street children became a catalyst in their suffering during the pandemic. The consistent ignorance of the young community places India at a disadvantageous stance in violation of the United Declaration of Human Rights, 1948 and the United Convention on Rights of the Child. Due to financial constraints, the shutting down of Child Care Centers and Juvenile Homes left the street children at the mercy of people and their donations. The provisions of the Apprenticeship Act, 1850, and Reformatory Schools Act, 1867, to cater to the needs of neglected, poor and orphan kids, were lost amidst the war against the coronavirus. The Vienna Convention recommends a special section to cater to the needs of the street children. The Convention on Rights of Child, 1989, is the most important International Treaty that upholds the special needs and rights of street children. India has ratified the same, is bound by its principles. Thus, India should strive to provide a consistent source of income, shelter, food and basic necessities. The current situation is grim and calls for an urgent need for a uniform rule of law. Prospective Suggestive Measures Street Children (Protection of Rights) Bill, 2001, was introduced to protect the interests of the street children in the country pretty early. However, the political tussles and the disagreement on the provisions of the same could not lead to the passing of the same. The country is in urgent need of a uniform law to protect street children. A uniform law could cater to the diverse problems that the street children have faced during the pandemic and in general. The second important step to revolution can be aware and inclusive programs. Society needs to be sensitized towards the peril of children. Pandemic was a difficult time for everyone; it could have been made for homeless and helpless street children had society accepted them as their own. Awareness needs to be engendered in society to uplift the marginalized street children. Authoritative control and orders are also necessary. The mere presence of awareness and legislative control cannot be helpful in the betterment of the status. The Government needs to ensure, basic amenities are provided, along with the procurement of identification documents. The onus shifts on the Government to uphold these rights. It is the responsibility of the authorities to ensure that they are guided in the right and legal path. Conclusion The pandemic was not based around the street children. However, the ignored tragedy of the street children needs immediate attention. Ensuring legal and social protection should uphold the integrity of the street children. In the words of Munia Khan, “Street children are lovely blossoms just dropped from the tree after a heavy storm. Now they need to be put together with a needle and threads of security and shelter to live into a beautiful circle of life’s garland.” (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Ravi Ranjan* & Debarati Pal** When this pandemic started, the narrative that echoed throughout the world was "Stay home, stay safe", fair enough, because the most obvious way to fight this pandemic along with vaccination has been sitting intact at home with patience. It was an easy task for many people, but what about those who do not have homes and their shelters remain close? The Children, especially the ones living in the streets, have been adversely affected by the pandemic. Children are more than twice as likely to be in poverty as compared to adults. Even before the pandemic, these poor children from the streets were more likely to die in their childhood than the wealthier children. The onset of this pandemic has only put the lives of such children under more threat, as with this pandemic comes an economic crisis that has already taken a toll over the world. COVID-19 has affected the children living in the streets in three different ways:- Through infection with the virus itself Through the social and economic impacts of measures, such as control, containment and mitigation, intended to reduce or stop transmission of the virus in various contexts Through the potential longer-term effects of the crisis, including the economic downturn and a delay in progress towards achieving the Sustainable Development Goals The pandemic has seriously affected the weaker section of society by a significant margin. During the age when they should be spending their childhood and enjoying life without any concern, these children are burdened with tons of responsibilities. There is no hiding the fact that such street children were already under immense workload even before this. However, the pandemic has taken it to another level. Increasing rates of child labour, sexual exploitation, teenage pregnancy are serious concerns during this crisis. The burden on families, especially those living under quarantines, lockdowns, and different restrictions on their movements, has expanded violence in homes. As the worldwide loss of life from COVID-19 builds, vast quantities of children will be orphaned and would find themselves exposed to being misused. During the #COVID-19 pandemic, children worldwide faced an increased risk of abuse, violence, exploitation, and neglect at an unprecedented level. The children belonging to weaker sections are generally dependent upon the daily wages to ensure their living. However, the pandemic has snatched all their livelihood options. The Reports of Safe Society. have suggested that in India, not only the food stocks of families who are dependent upon daily wages are under shortage, food prices are also rising rapidly, pushing food away beyond the reach of the people living in poverty. Even in Kenya, as per the report of CSC Network, when one of their members asked a boy to speak about his opinion on the lockdown, he described, "Now that we are being told no one will be allowed to roam around the streets from 7pm, does it mean we are going to die of hunger instead of corona?" This is a serious question that needs to be answered. Otherwise, a disaster greater than this pandemic would follow up very soon. How are these children supposed to enjoy the most beautiful time of their lives? What could be the best way to protect the interest of these children? The most important and the most basic rights that every Street Children shall have are given below – Proper shelter, children of the streets need to be provided proper shelter. Living in hostels where there is no social distancing is doing any good to them and society. While some children live in these hostels, many children even have a place to spend the night. Proper food, the pandemic saw weight gain in privileged children who were locked in homes due to pandemic, these children gained weight by merely eating and sitting quarantined in their homes, while on the other hand there are children belonging from the streets who are not even able to arrange one meal per day. UNICEF has made a detailed report on this issue; The pandemic has taken away most of the job opportunities that the people living in poverty had. Their economic conditions have deteriorated to such an extent that they cannot even arrange proper meals for themselves, so proper measures need to be taken by the authorities. Food shall be arranged for such children and their families. Proper healthcare facilities, the surge in corona cases has meant that the hospitals remain filled with COVID-19 infected patients. This implies that the people suffering from diseases other than COVID-19 are under serious threat of finding a place where they could be treated. Most children living in the streets are already suffering from malnutrition. The pandemic making it difficult to get meals has made them a strong contender of falling into numerous kinds of different diseases. The safeguards that can be ensured for the betterment of such children during the pandemic are:- Vaccination of street children by the earliest vaccinations is the only weapon that we have against the virus. One thing that this pandemic has undoubtedly taught us is to keep proper hygiene, regular sanitization is necessary, and the poor children shall be made aware of this. Today the phrase, "Cleanliness is next to Godliness", has now indeed come alive. By following the guidelines related to COVID-19 and wearing masks. Children of streets must be made aware of these guidelines. Meanwhile, various organizations like UNICEF have stepped forward and do their bit to support children during the pandemic. The risk of detained children getting infected from Corona has turned out to be a big concern. While in Countries like Uruguay, steps have already been taken to release such children, in India, the Supreme Court and various High Courts have issued an order to release the detained children, but the process to collect more data as always is slow and inefficient as only some jurisdictions have been able to provide the data. Emphasizing more towards India, the vaccination speed has finally started making some progress, but the children below 18 years of age are yet to be vaccinated with their first dose, so this makes the street children even more vulnerable. The possibility of a third wave striking soon has made things even more difficult as there are high chances that this third wave might affect the children the most as they have not been vaccinated. While raising its concerns over the kind of effect on those who have been orphaned due to this virus, the Supreme Court went on to question the Government on the use of the "PM Cares fund" for the education and protection of the Children during the pandemic. The Government of India has replied that such a scheme as of now has to be worked out. The Supreme Court has also issued directions in the case SMW (C) No. 4/2020, also titled the "RE Contagious of COVID-19 virus in Children Protection Homes", to stop the orphaned's illegal adoptions due to the COVID-19 pandemic. The Amicus Curiae in the present case brought to Court’s notice that a general direction for repatriation of children from the children protection homes without an individual assessment is contrary to the provisions of the Juvenile Justice Act, 2015. He also submitted that individual assessment of each child has to be considered before repatriating him to parental care. As per the report in The Hindu, an application was filed by Gaurav Agrawal in the pending suo moto case where the identification of the children who became orphans due to the virus was to be done, and necessary relief was to be provided by the state government. Finally, the bench of Justices L N Rao and Aniruddha Bose directed the district administration to identify such children in their areas and upload the data on the website of NCPCR. The Supreme Court has also ordered the States and Union Territories [SMW (C) No. 4/2020] to continue identifying Children who are in need of care and protection ever since the pandemic started. Meanwhile, an advisory has been issued by the National Commission for the Protection of Child Rights. It ensures care, support and protection of children in motion with migrant families and children living on streets and enhancing the childcare institutions during these times of crisis. India already has the largest population facing food shortage in the world, with an estimate of over 189 million people in India already undernourished before the pandemic began. The pandemic only continues to extend these numbers at a greater pace. In order to protect the children, on a personal level, we could stop the pattern which is turning out to be a big concern these days, i.e., Revenge travelling. The recent news of people rushing to hill stations like Manali, Shimla, Nainital and Mussoorie breaking all the COVID norms is like inviting the Corona Virus to an open feast. Already, 8000 tourists travelling to Nainital and Mussoorie have been sent back due to the hill stations being fully packed. We can help them by not doing something extraordinary but following the norms and taking basic measures against the virus. */** 2nd Year, B.A. LL.B. students at National University of Study and Research in Law, Ranchi (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

By Arjoma Moulick, 1st Year, Post-Graduate (Politics: International and Area Studies) student at Jamia Millia Islamia In the wake of the current pandemic #COVID-19 and the subsequent lockdowns resulting in huge economic and labour-market consequences, which have dismantled the system from within, affecting the lower- and middle-class Indian families severely. Children, in this case, are the first to suffer as they are being pushed to child labour, compromising on their years for education and learning. Among this segment, the most vulnerable group includes migrant workers, children, and their families who have lost the sole breadwinner in the second wave of COVID-19, which had left many children orphaned, marginalizing this segment further. An assessment conducted by Aide-et-Action revealed that about 50% of the migrant worker's children are engaged in work to increase their family income or help their parents. Migrant worker's children spend their lives away from their homes, often spending their time with their parents at job sites; this often causes problems in enrolment and their retention in schools; even though the schools now have shifted to online mode of education, migrant children are not able to afford or access the online classes because of technological/locational/financial difficulties. If one studies, the condition of the Migrant Workers in this past year was extremely difficult and more so because the Indian government avoided the responsibility to take care of them. The Indian government response on safeguarding the Labor rights of daily wagers and migrant workers were disastrous where it looked towards increasing the investment to restart the economy, causing a human burden on the already distressed families. Governments in Gujrat, Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, and Punjab increased the maximum labour working hours from 8 to 12 hours. Uttar Pradesh and Madhya Pradesh went a step ahead by introducing ordinances through which most of the labour laws concerning the workers under daily/weekly wage were suspended. These changes disregard the safety of the labourers under the pandemic. The labour laws fall under the concurrent list of the Indian Constitution, implying both the state and central government were at fault in adopting laws that were exploitative in the name of ‘increasing market investments and economy’ where laws should have been crafted in favour of protecting the workers. There are three strands of a vulnerable group of children that one can identify: the first group which consists of children who are left behind as their parents who undertake employment elsewhere, these group of children are largely dependent on the remittances which are sent back home, money is a critical support to their nutritional need and healthcare expenditure. Approximately 10% of Indian households are dependent on remittances; any such reduction in the parent's wage directly impacts food intake and healthcare outcomes of children. The second group of children migrate with their parents to several parts of the country; their families often undertake seasonal migration. This kind of migration is common within Schedule Caste and Schedule Tribes. These children often are young, and they need the extended care of their mothers. The older ones are brought along to take care of the younger ones. Studies have shown that migrant children experience poor nutritional and health outcomes resulting from the poor condition of their parent's workplace. Conditions are worsened as they are often found living in hazardous, unhygienic conditions, which are the characteristics that shape the labour colonies. Job loss as well, pending wages, wage cuts encountered by the migrants exacerbated the children's experiences. In 2020, after the Centre relaxed the lockdown rules, migrants set out to reach home on foot, many unable to reach the destination. The third group includes those children who undertake migration for employment. In the 2011 census, 1 lakh children aged 10-14 years and nine lakhs aged 15-19 are engaged in the services and manufacturing work. They faced the issue of physical abuse, which child rights activists noted. The second and third groups encounter several forms of risks as they have long-lasting impacts on their well-being. The pandemic has triggered a massive crisis where abuse, exploitation and violation faced by the children increased manifold. The working conditions and the forced bonded labour in the country have only worsened in light of the pandemic. The closure of educational institutions and the economic crisis faced by the families are pushing the families to the brink of poverty. UNICEF has recorded that 10 million Indian children are engaged in some form of servitude. With 1.5 million schools closed during the pandemic, the opportunity of the marginalized sector of students to engage in meaningful developmental activities also reduced significantly. The massive setback in terms of educational and nutritional well-being among children is likely to deteriorate child labour conditions further. Children within the age group of 15-18 years who have dropped out of schools due to the school shut down due to pandemic would never go back to schools. These children significantly compromised for their families. The local legislative actions and district planning at local levels need to ensure that these children go back to school while understanding their challenges. The pandemic already has brought the worst on everyone. Dirty, petty level politics should not be a part of it. The pressure of on girl child who is especially staying at home is often contributing to the household chores and care for young siblings. Thus they have often pulled away from studies. There is a looming danger of trafficking due to reverse migration. Children have returned to their villages with their parents. A livelihood crisis can be underway, especially those not tracked, especially those staying in quarantine camps and relief camps. Children of migrant labourers who returned to villages with their parents are detached from the education system, leading them to enter the workforce at a young age. School closure has caused a learning crisis as well as a crisis for those children who depend on schools for shelter and meals. Many children are likely to live under looming hunger and starvation, bringing nutrition levels are close hands. Young children among the group of 0-6 years are likely to suffer a negative socio-economic impact. System of "Anganwadi system", which takes care of early childhood development, are going to face the severe challenge of effective service delivery. This cause must be analyzed from the family dimension; the burden of lost income often incomes a catalyst for domestic violence and maltreatment of children and women; such shocks are often endured by those family members who have the limited autonomy of power. The adverse faces of patriarchy mixed with poverty and gender power are more clearly visible in traditional societies. Thus the chances are that children are often controlled and bonded within the family increases the chances for child marriage, and child marriages, a crime under IPCC of Indian constitution. Further, according to the UN Report of 16th April 2020, the global recession faced by the migrant labourers resulting from the pandemic caused additional child deaths, resulting in infant mortality. The gross violation fundamental rights of children have generated pre-existing vulnerabilities at multiple levels, and the pandemic has posed basic survival challenge for those who were at the margins of the society (Rural and Culturally Impoverished) In such a situation, policy recommendations, as well as individual interventions, should be our main priority. The situation is grim, but in terms of policy, the efforts should focus upon those children living under the looming threat of being pushed into child labour, industrial effort to employ their parents back with proper labour laws in place, the government must be coerced into bringing economic policies in favour of the labour demand. This will act as an immediate cushion against children being pushed into the workforce and compromising on their education and child marriages. School authorities must ensure that students have free lunches until the schools reopen. This can be a coordinated effort of the administration, the legislature, and the authorities to deliver the same. Since the online mode of education is being seen as the light of the day, there must be coordinated efforts with those children who cannot afford the internet, priority of education should be the foremost target. This can be done by organizing students in groups, ensuring that the technological aid is available to all. The Anganwadi centres must reopen to cater to maternal, early-childhood care, immunization facilities. The panchayats and Anganwadi must act together to provide services to migrant workers and are not registered. Community-led projects must be initiated to meet development and learning goals; this is where civil society can also intervene. Vulnerable communities must be targeted and be provided with the correct information to counsel caregivers, children, family members through digital access, and this is where private-public NGOs can come together; continuing support from frontline workers from ASHA, ANM, AWW need to provide guidance to overcome the gap of reaching out to communities in disadvantaged areas. Community-people cooperation is the need of the hour. Mental health care needs to be provided; a hostile environment is detrimental to the child's holistic development. Family-centred mental health services need to be provided through tele/online mode; private NGO interventions are most crucial here, thus being a lifesaver for few at the rise of family crisis. ECD (Early Childhood Development) Center's workers need to monitor the families closely, making them the vanguard of steering their children's development at home and coping with the negative impacts of COVID-19; however, families from the low-income groups may require cash transfers to support their essential requirements and make up for lost income, such initiative can also be done in terms of donation drives. Migrant workers, domestic help, others in the informal sector must be provided with skill development by public-private cooperation to allow them to develop new skills to sustain their families. Thus, the mass exodus of the migrant workers in India from the cities has disturbed the everyday routine lives of those who were already marginalized and underprivileged; this is a disaster with how the policy recommendation and lockdowns were managed. The migrant crisis, which was induced in the country, witnessed morbidity and deaths within the initial two months. Many children are left without parents, orphaned, who are at the most significant risk. The impact of this pandemic was disproportionate, based on the economic stature. The shocks were absorbed mainly by those who lacked the privilege of autonomy within the society. Migrant workers children were the most vulnerable in this case as they are battling with psychological, social, economic shocks, exposing the insensitivity of the society towards children belonging from different strata of the society. The least we can do as citizens is being aware of incidents of child labour and being proactive in reporting such cases to the NGOs at the first instance or at the government helpline number at 1098 to register cases. Active awareness about adoption programs of adopting those children orphaned during the crisis, making sure community education programs to community participation reaches the lowest rung of the society are few such steps one can undertake at local levels. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)