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By Anushka Verma* & Shubhangi Verma** Nelson Mandela once said that “Our children are the rock on which our future will be built, our greatest asset as a nation.” The traditional teaching method is an amalgamation of face-to-face interaction and community learning coupled with vivid experiences that enrich the children and help them grow. Sadly, the ongoing pandemic has taken a toll on the education system. Children are being forced to stay away from school. Online learning has come to their rescue in this situation. Unfortunately, it is accompanied by its own set of limitations. Another side of the story is even more saddening. Online classes have become a factor for the increasing gulf of disparity amongst children from various backgrounds. Increasing Disparity Between Private And Government Schools There has already been a huge educational divide between private and government schools in India. Still, with the advent of the pandemic and e-learning being the new normal, this rift has been further exacerbated. According to UNICEF, 320 million learners in India have been starkly affected by this rapid shift in the mode of education from physical to digital learning. The major obstacles hindering the students from accessing online education include electricity issues, non-availability of mobile phones or laptops, lack of technical knowledge among the teachers, difficulty accessing internet infrastructure, and many more. A study conducted by Oxfam India, a nonprofit organization, stated that almost 80% of parents with their child going to government schools have complained of quality education not being delivered during the COVID-19 lockdown. This figure went to 59% when the same question was asked from parents of children attending private schools. The major reason behind this disparity is the non-uniformity in the accessibility of internet infrastructure and cellular devices. A study conducted by Quacquarelli Symonds shows that only 24% of the households in India have access to the internet, and this figure further drops in rural areas. A study by National Sample Survey shows that only 8% of households have both an internet connection and a device. Even if a student has a smartphone, poor internet facilities and expensive data packages add to the woes of the students. Other than digitization issues, lack of technical knowledge among teachers is another reason for this increasing disparity. Most teachers prefer sending videos and materials on WhatsApp, making it a one-way mode of learning where students cannot ask their queries. A study showed that 80% of teachers in government schools face difficulty in delivering lessons through online means, and 90% of teachers of government schools have complained of the inability to assess the students in online classes. One major reason is that there are no proper means to scrutinize children by conducting examinations in the digital mode of education. Due to this, they are unable to work upon slow learners or on the students who are not able to grasp concepts through online classes. It can prove to be a setback for the education sector in India if learning gaps between students of private and government schools continue to widen at this pace. In spite of this disparity and digital divide between private and government schools, a study conducted has shown that the number of enrollments in private schools is less than enrollment in public schools. It also implies that due to the financial constraints of middle-class families, especially during this pandemic and regular hike in fees in private institutes, more parents are willing to enrol their children in public schools. Gender Disparity In Accessing Online Education With increasing unemployment and financial instability in families, girls are the first ones to be hit hard by its repercussions. As seen in the survey conducted on 733 students of a government school in Bihar, only 28% of the girls have a smartphone, whereas the figure goes up to 36% for boys. Other than this, gender gaps in accessibility for internet services also vary to a great extent. As per a report by the Internet and Mobile Association of India, only 33% of women have access to the internet compared to 67% of men. This figure reaches 72% of men and 28% of women in rural India, where gender disparity is more prominent. Due to these reasons, the only option left for girls to attain education in online mode is watching lessons aired on television. But this is also affected by the fact that girls spend more time doing household chores than boys, which often overlaps with live telecast lessons affecting their studies. If this continues in online education, then the already existing wide gender gap in terms of employment will continue to widen, posing an obstacle in the course of the development of the nation. Disadvantages Of Children Being Away From Schools While this phase has exposed the entire mankind to mental and physical issues, children remain no exception. Education is always incomplete without the element of practical and technical knowledge. Online classes have closed all rooms for the holistic development of children and will gradually lead to fallacies in their skills. Students are missing all the enriching opportunities which physical classes have got to present. Another issue that comes hand in hand with online classes is the stark increase in the physical and mental health of children. Long hours with eyes glued to screens have led to poorer health in children. Headaches, backache, eyesight degradation, fatigue, insomnia, and strain have been experienced by children who are taking online classes. This is the age when a child imbibes and learns in the company of their friends and teachers. Sadly children remain unexposed to the experience. Another major issue with online classes is that children with disabilities find it difficult to grasp concepts, and their learning curve becomes steeper. This is just another example of the digital divide our country is facing. It is the need of the hour that we make our systems inclusive of their needs. Another budding problem is the distraction children face during online classes. A survey revealed that nearly half of the children are swayed by games, music, and other distracting stuff offered on the device while attending classes. This eventually leads to poor academic performance and long-run deterioration. Government schools have got a wide range of schemes to offer for the children. But in the present context, these schemes remain out of the reach of children. Schemes such as mid-day meals that attracted rural students to schools have suffered in the pandemic. The Way Ahead Right to Education Act, 2009 provides a roadmap to the government for the free and compulsory education of children. It should be further made inclusive of the online mode, which has now become a necessity. A survey by the NCERT suggested certain measures which can be taken to reduce the widening educational gulf between all sections of children. It brings to the table multiple ideas like setting up community banks where people can deposit their old devices for underprivileged kids. Another innovative proposal is the use of CSR for coping with the digital divide faced by children. Corporate companies should come forward and provide facilities for children who are in desperate need of the same. Schools should provide counselling facilities for their students to help them cope with mental stress and anxiety caused by the pandemic and online classes. They should also take steps to make the learning process more engaging and interesting for students. Efforts should be made to reduce the class size during online classes to make the process more interactive. The Ministry of Education has come up with certain time durations for various age groups. Schools must try to abide by these so that the screen timing of children can be reduced. Though the government has come up with schemes like BHARAT NET, which provides internet access to educational institutes, it's high time these schemes should start including students in its ambit. Regular checks and balances on the ground reality working of multiple schemes and e-learning initiatives by the government should be made. Conclusion Even after so many years of independence, our country is still battling a flawed educational system, and our younger generation is facing the repercussions of the same. We need to strengthen all the pillars of our educational infrastructure so that our educational machinery may survive and subsist during the pandemic and in the future too. Children are already missing their rights and opportunities, which are the building block of their future. It should be our priority as a nation to fill up this digital and educational divide and prevent any discrimination amongst children. The building rocks of our prosperous future deserve more of our attention and efforts. * 1st Year, B.A., LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow ** 1st Year, B.A., LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow (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 Alankrita Sinha, a 3rd Year, B.A., LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab “There can be no keener revelation of a society’s soul than the way in which it treats its children.” - Nelson Mandela Introduction This famous quote couldn’t have been more relevant than what it has become today during the present testing times. Covid 19 has been spreading far and wide across the globe ever since its inception and it has been continuously increasing its victim toll. All the authorities including the World Health Organization, Government and health experts have taught us the ultimate slogan of “Stay Home Stay Safe” but what happens to the ones who do not have homes? How do they stay safe? How do they save themselves and their loved ones from the devastating effects of the Corona Virus disease? To make everything worse, the ‘homeless’ we are discussing right now is the street children- the ones who already face hardships like denial of the very primary needs of food, shelter and clothes. Adding to their pre-existent misery, the Covid situation has left them helpless, disconsolate and vulnerable to the disease. Street Children: Who Are They? Before beginning with the risks involved, let us first know some important details about the street children. As per the definition given by UNICEF, A street child is “someone whose usual home and/or source of income is the street, and who is not sufficiently safeguarded, monitored, or directed by responsible adults.” The street children as talked about in this article are the ones who are either orphaned, abandoned, separated from family or runaway kids. They spend their lives on the roads and earn a living either by begging for alms or doing menial works like household chores. According to a report, the population of such children in India is a whopping 18 million. Risks Involved: Why Is It High Time To Be Concerned? The life of a street child is already filled with so many miseries and hardships that it is enough to cause heart palpitations. However, we might not have been concerned earlier about their pathetic condition but the scenario has reached an alarming state. Each and every individual has a moral obligation to do their bit to at least keep these underprivileged children far from the reach of the fatal spread of disease. The next paragraphs discuss the actuals risks that these children are open to. i. Fear of the disease- The pandemic- especially in the second wave- has been as cruel as it could get. Covid has made no difference; it has spared no one on the basis of age, gender, status etc. it has been as devastating for children as it has been for adults or for elderly people. The street children are exposed to a severe unhygienic environment and the Covid outbreak has deepened their vulnerability to falling sick. These children mostly live in groups with little chance of social distancing. Moreover, if a child contaminates the disease, he does not have the resources to get adequate treatment for the same. Thus, the health issue of street children has become an issue of major concern. ii. Loss of Livelihood- Their survival strategies require moving from one place to another. They are seen sometimes selling street food, working as an automobile mechanic, working as waiters in dhabas, selling balloons, pens or other knick-knacks at traffic lights etc. As the world comes to a standstill, they have lost the little income they had through these jobs. The forced immobility during the lockdown has further pushed them into the ditch of poverty and helplessness. One may only guess but never fully grasp the extended pain young infants have to face as a consequence of coronavirus. iii. Crime against Children- The latest report on crimes against children is the Government of India report of 2007. It states that street children undergo physical, sexual and emotional abuse. However, this report is quite old and obviously does not take into account the sharp incline in these cases during the covid pandemic. Another report suggests that there has been a rise in cases of child abduction, child labour and sexual offences against them. The most important reason behind it is the temptation to get bare minimum needs like food and shelter. iv. Lack of awareness and resources- Needless to say, the street children are poor and they lack education. Corona Virus is comparatively a very new and unknown disease. Therefore, it is difficult for everyone to adapt to the changes and include new practices in their daily lives. The privileged section of the society understands the importance of hygiene and protective measures. However, the same cannot be expected from children who do not know the seriousness of the disease. These children who dwell on the streets do not know the importance of masks, sanitisers or vaccines. They do not know about social distancing and the consequences of not following the same. Such a condition makes them nothing but the most exposed to the disease. For an instance, even if we agree that they are aware of these protective measures due to the efforts taken by the government, we also know that they have absolutely no means to avail them. Children are seen to use used masks that they find on the roadside without knowing the contamination it carries with itself. What Is The Way Forward? These problems which these street children face are serious issues concerning human rights. Organizations on a global level like UNICEF and on the national level like Child helpline centres, National Commission for Protection of Children etc. have provided guidelines to help these children. Apart from these, there are various independent organizations that have come forward on a voluntary basis. Along with these, each and every individual can contribute their share according to convenience. Some suggestions are as follows: i. Supporting the NGOs- Non-Government Organizations have proved to be a boon for these underprivileged children. There are a number of such organizations that work selflessly towards the betterment of these children. As individuals, we can help them with either donation drives, awareness campaigns, fundraisers or field volunteering. ii. Raising Awareness- The slogan of ‘Each one Teach one’ is aptly applicable here. More than half of the problems can be solved by merely being aware of them and being prepared for them. We must make it a motto for ourselves to educate as many children as possible about the complexities of the coronavirus disease. As members of society, we must make them aware of the proper use of masks, sanitisers, social distancing, vaccine drives, ration distribution and other undertakings of the government which they can be beneficiaries. iii. Individual Donations- There are examples of people who have wholeheartedly supported these young people by organizing donation camps at the individual level. Similar efforts can be made by others also according to respective capacities. Donations in any form will be useful; they may be in the form of food, medicines or Covid essentials. iv. Assisting Orphanages and Child Care Centers- If the aforementioned measures are not possible, the best way in contributing is to assist orphanages or other such centres. Mostly, these are not able to function properly due to a lack of funds. In such a scenario, sponsoring even a day’s meal might be more than enough for the street children. Conclusion Summing up, the difficulties in the life of a street dweller is beyond imagination. The Covid crisis has worsened their situation to an extreme level. Considering the population of India and the population of street children, it might take years to completely tackle this problem. But, their condition in the Covid pandemic needs our immediate attention. We are a part of the same society- the privileged and the underprivileged. Every little effort counts and together we can pledge to make their life better with the help of the above-mentioned solutions. (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 Anushka Srivastava, a 2nd Year, B.A., LL.B. (Hons.) student at Chanakya National Law University, Patna The coronavirus pandemic presents one of the exceptional tests the world has faced since World War II and children risk being among the biggest victims. The COVID-19 pandemic and restrictions have brought about a sense of fear and anxiety which will lead to short term as well as long term psychosocial and mental health implications for children across the globe. Moreover, the catastrophic effects of this pandemic will not be distributed equally. They are expected to be most damaging for children in poor socioeconomic groups, who are already vulnerable and disadvantaged. Child trafficking during the pandemic As per the Child Marriage Restraint Act, 1929[1], a male of age less than 21 years is called a child and a female of age less than 18 is called a child. Child trafficking, when children are lured or forced to leave their homes and then exploited or sold, can occur in several ways. Sometimes, parents sell or hand their children over to work so they can earn money. Other times children are lured with fake promises. Some of the children rescued from traffickers say they have experienced physical torture, others describe being forced to work in a hazardous atmosphere. As governments across the globe are trying to fight the biggest health crisis in human history, child trafficking is taking a back seat. COVID-19 is having a catastrophic effect on states like Bihar, where thousands of the vulnerable, especially women and children, have been pushed into a void of emptiness and despair. It is proven by studies that children in economically unstable families are more at risk of exploitation and trafficking. According to a study ‘Effects of Covid-19 on Nutrition in Bihar’ conducted in July 2020 by UNICEF and Population Council Institute, after India went into complete lockdown in March 2020, many families in Bihar lost their source of income. Many migrant workers returned to their homes during the lockdown and traffickers exploited this situation by targeting these vulnerable families and disturbing reports of children being sold off for money soon began to surface. Impact of Covid 19 on the Education of Children The pandemic has led to the closure of educational institutions across the globe. In India alone, it has affected the education of approximately 290 million children. Approximately, 6 million children dropped out of school and this number threatens to go up due to the economic tension in their families. The closure of educational institutions has pushed educators towards a digital style of teaching. However, this has led to serious problems for students, especially those from low-income families as they have limited access to the internet, laptops and smartphones. While some schools may already have strong online systems, smaller schools may struggle with the technology. Some students also don’t have internet access and they struggle to participate in online learning. This gap can be seen across income brackets within the country. According to the Annual State of Education Report (ASER) survey, only 1/3rd of India’s schoolchildren are accessing online education out of which only 32.5% are doing live online classes. 11% of the overall students enrolled in both private and government schools were using online classes and only 8.1% of children enrolled in government schools were using online classes across the nation. Girls’ education has been significantly impacted by the pandemic, especially for girls from low-income families. According to UNESCO currently, over 89% are out of school because of the closures. This figure includes approximately 743 million girls out of which over 111 million girls are living in the world’s least developed countries. Thousands of girls have been pushed by their desperate parents into early marriages. A report by UNICEF called COVID-19: A threat to progress against Child Marriage, warns that closures of schools, parental deaths, the economic crisis will lead to an increased risk of child marriages for the vulnerable girls and over the subsequent decade, up to 10 million more girls will be at risk of child marriage as a result of the pandemic. Health issues and safety Loss of jobs and reduced incomes will force vulnerable families to cut back on essential health and food expenditures. The effects on the mental health of the children is another cause for concern as children today feel pessimistic about the impact of the pandemic on their lives and uncertainty regarding the future. Acute stress and depression can impair their cognitive development and trigger longer-term mental health challenges. Children living in slums, orphanages may face higher infections rates as they live in close proximity with other children which is likely to facilitate the spread of the virus. Water, sanitation and hygiene (WASH) services are also at risk of getting disrupted by the closures, the consequences of which can be deadly. According to UNICEF, because of diarrhoeal diseases due to lack of appropriate WASH services, over 700 children under age five die every day. This is especially alarming given the major role of hygiene in preventing and controlling the spread of the coronavirus. Home is a source of security and safety for most children. However, violence by caregivers is one of the most common forms of violence experienced. Nearly 243 million women and girls aged between 15 to 49 across the globe have been subjected to sexual and/or physical violence by an intimate partner in the year 2019. Emerging data show that violence against women and girls has increased since the outbreak of the pandemic as such acts of violence are more likely to occur while families are confined at a place and experiences acute stress and anxiety. Children are often witnesses to domestic violence against women and this can severely affect their mental health. Conclusion COVID-19 pandemic will have long-term impacts on children worldwide. That challenge is made greater by the economic effects of the lockdown as it could lead to compelling children from low-income households into child labour and child marriage. Loss of income will force vulnerable families to cut back on essential healthcare and food expenditures and this can lead to acute deprivation in nutrition. Lockdowns unfortunately also present an opportunity for child abusers to harm children. Yet, at a time of increased need, they are rarely in a position to report such horrifying acts. With closures of schools and increased rates of dropout, an increase in teenage pregnancy can also be anticipated With the online mode of education, children are less likely to catch up on learning and there is a genuine prospect that it can permanently alter their lives. To build back better, the imperative is for the governments, healthcare organisations, children's welfare organisations across the world to work together in mitigating the negative impacts of the pandemic on children in the post-COVID-19 era. References [1] The Child Marriage Restraint Act, 1929, § 2, No. 19, Acts of Parliament, 1929 (India). (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 Astha Bhattacharya, a 2nd Year, B.B.A., LL.B. (Hons.) student at National Law University, Odisha Introduction The onset of the Covid-19 crisis exposed the crippling health infrastructure as well as the socio-economic gap prevalent in our nation. Its impact has been multi-faceted but however, the consequences suffered by the migrant workers, especially their children who are one of the most vulnerable population, has been unimaginable. Since the first wave of the pandemic struck in March 2020, the Central and subsequently the State governments have imposed stringent lockdown and curfews resulting in over 80% of workers of the informal sector losing their jobs, and having no other means to sustain their livelihoods. This emergency resulted in a mass migrant exodus from urban localities to rural areas with many families undertaking this journey on foot along with their children. There were numerous disturbing reports of young children dying while walking hundreds of kilometres to their native villages as well as female migrant workers giving birth to children on road. The children of the migrant workers can be categorized into three divisions. The first group compromises children who continue to reside in their homes while their parents undertake employment elsewhere. The second category consists of children who travel with their parents and lastly, it includes children who themselves migrate for employment. The children under each of these categories have suffered silent exploitation during this ongoing pandemic which has been ignored by the majority of the people of our nation. This article primarily aims to study in what ways and means were the migrant children affected during the pandemic and how their fundamental rights were infringed upon different frontiers and levels. It additionally mentions the possible solutions to the present issue. Impact of Poverty on Migrant Children With over 97% of the Indian population becoming poorer and urban employment reaching 14.71%, loss of job and food insecurity has become a severe issue for migrant workers and their families. Due to the reduced employment opportunities, death of one or both the parents and to supplement the family income, many migrant children have started working as unskilled labourers. These children started working in brick kilns and other hazardous places resulting in poor health and nutritional outcomes. Moreover, the children who were left behind in their villages were dependent on the remittances provided by their parents. About 10% of the rural families receive remittances, which is a primary source of livelihood for these households. However, due to COVID-19, many migrant workers could not send back these remittances leading to adverse effects on the health and food intake of these children. Furthermore, the relaxation of the labour laws in 2020, for helping the businesses to recover provided a small window for exploitation of these migrant children as “cheap labour”. The unavailability of adult migrant workers (due to them moving back to their villages) would only lead to more children working in factories where cleanliness, overcrowding, sanitation, urinal requirements and other such necessities have been suspended. This would eventually lead to a mass influx in the number of child labourers, a matter which only got aggravated due to the pandemic situation. The Health Condition of Migrant Children When it comes to basic services, many migrant workers and their children encounter discrimination. During the time when clean water, sanitation, and hygiene are critical to combating the spread of the virus, they are often kept in overcrowded labour camps and quarantine facilities with inadequate WASH (water, sanitation and hygiene) facilities making social distancing unachievable. Adding onto this issue is the fact that children on the move have the risk of contracting other health problems such as malnutrition and non-communicable diseases which can be backed by the reports showing an increase, during the pandemic, in severely wasted and underweight children under the age of 5. Due to the overcrowded healthcare systems, altered nutritional patterns, and economic loss, as well as the interruption of initiatives like the Integrated Child Development Scheme (ICDS) and the mid-day meal, the pandemic is becoming a nutritional catastrophe. Furthermore, as a result of the virus, many migrant workers are suffering from mental health issues. Dealing with the loss of parents or close ones, lack of job security, fear of becoming sick, lack of mobility, are just some of the factors which are contributing to the stress of the children. There have been reports of relatives or families trying to find homes for orphaned children and pleading for illegal adoption on internet sites, thus, raising concerns about child exploitation. Involvement in domestic work, facing sexual abuse or exploitation, younger age, and increased intensity of employment contribute as factors for the lower mental health among child labourers, which could be attributed to the propensity for child labour to promote seclusion, low self-esteem, and the feeling of an external locus of control. The Impact on Education of Migrant Children One of the most noticeable early effects of the virus seems to be on childrens’ education, as 1.5 million schools were cancelled, affecting 247 million students in India. School closures also imply that migrant children are becoming increasingly vulnerable to exploitation and being forced to participate in the most heinous types of child labour. According to a survey of the informal workplaces of the children in seven Indian cities, 80% of accompanying migrant children did not have access to education, 30% were never enrolled in schools, and 90% did not utilize the Integrated Child Development Services. Children who have moved out of cities no longer have access to their schools and are less likely to have internet connectivity or technological equipment with which they can attend online lessons. Migrant parents may be unable to support their children's online education, which as a result would compel these children to work as labourers to support their families leading to them being denied of their constitutional right to education. Owing to the pandemic, millions of young girls are also dropping out of secondary education, exposing them to the dangers of child marriage, pregnancy, exploitation, and assault. Due to the closure of schools, over 120 million children were also deprived of their nutritional diets through the Mid Day Meal services. The pandemic is expected to put 115 million children in danger of malnutrition. This highlights the fact that how owing to the pandemic, the migrant children are unable to avail their fundamental right to education which is a primary developmental facet for any child. The Impact on Protection and Safety of Migrant Children As employment and livelihoods are disrupted, the safety and protection of migrant and displaced children are at risk. During economic crises, more children become pregnant, married or end up as child labourers, and are trafficked or sexually assaulted. Most of these children work on the streets and are more vulnerable to exploitation, verbal, physical, and sexual violence, with both male and female minors stating that adults approach them for sexual activity. Most of the migrant children (especially the girls) who serve in the informal sector, as domestic servants are often sexually abused. They are exploited and driven into prostitution due to the hunger and the stress of providing for their families, putting them in danger of pregnancies and sexually transmitted diseases. According to recent studies and polls, there are approximately 3 million sex workers in the country, with approximate 40% of them being children. Due to the lack of precautionary measures and aspirations of obtaining a sustainable existence, the economic crisis brought on by the COVID-19 pandemic would only put migrant children at a greater danger of being sexually exploited and trafficked. The transparency and awareness related to child abuse have been hindered by social distancing and quarantine measures adopted to tackle the pandemic. Owing to lack of connection with friends and families and not being able to attend school, the early warning signs are often compromised and the child is left to suffer behind closed doors. Conclusion The COVID-19 outbreak will have far-reaching humanitarian and social consequences for migrant and displaced children in the long run. Many of these outcomes are still to be experienced. To ensure health, welfare, and protection for all, sound strategies and immediate actions are required to place migrant and affected children at the forefront of COVID-19 readiness, prevention, and response. It is feasible to lessen the hazards that migrant and displaced children face today – and the challenges that they will face in the future – by enacting the appropriate policies now. There needs to be a large investment by the Government to make online education accessible on a systematic basis in each and every village, and there is a requirement to expand the social protection policies and programs to minimize the economic impact on these families. Stringent application of labour laws along with social workers working relentlessly to minimize child trafficking and abuse needs to be our main motive now. Collaboration and solidarity are more important than ever to safeguard everyone's health, security, and welfare, especially those who are the most vulnerable and ignored. The best method of safeguarding the well-being of these children now is to invest in their future leading to the rekindling of hope for a better tomorrow. (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 Aagam Jain, a 3rd Year, B.A., LL.B. (Hons.) student at National Law School of India University Introduction Various personal laws establish the inheritance rights of a child in India. Despite there being a systematic exclusion of an illegitimate child’s right of inheritance, the personal laws provide almost no right of inheritance to an illegitimate child. In this article, I would argue that the laws governing the validation of rights of an illegitimate child are archaic and need to take a more liberal approach. The first part of the article discusses how the legitimacy of a child is determined by the law and the fallacies in the presumption of legitimacy provided under Sec. 112 of the Indian Evidence Act, 1872. The article also analyses the various personal laws of inheritance and the court’s reasoning in various cases to analyse the rights of inheritance of an illegitimate child. Illegitimacy Defined Different personal laws have a different conception of an 'illegitimate child. In traditional Hindu law, ‘Aurasa’ has been defined in the Shastras as a child who is conceived as well as born during wedlock.[1] This conception of legitimacy warranted that the parents conceive a child only after marriage. However, the privy council in Pedda Amani v. Zamindar of Marungapuri[2] held that if a child is conceived during wedlock but born during a valid marriage, the child would be legitimate. This position of law continues to hold good.[3] Muslim law lays down a gestation period of 6 months to determine the legitimacy of a child.[4] If the child is born after 6 months of the marriage of the couple, the child is presumed to be legitimate. Sec. 112 of the Indian Evidence Act, 1872 presumes that a child is legitimate if the child is born during the continuance of a valid marriage or if the child is born within 280 days after the dissolution of marriage, provided the mother remain unmarried.[5] Since this law is secular, it applies to all personal laws and supersedes them. However, this is 1872 legislation that could be argued to be archaic in its approach.[6] The principal reason for the presumption of legitimacy in 1872 was because there was no means of ascertaining paternity.[7] However, various methods of ascertaining paternity have been discovered since then. The law must not make an adverse presumption that may function against the rights of the child. The words used in the section 'conclusive proof' ascribe a higher standard of proof than a mere balance of probabilities.[8] Modern techniques such as surrogacy or in-vitro fertilization might yield absurd results in cases of sec. 112.[9] For instance, if A is a surrogate for B’s child, the child would be the legitimate son of A’s husband who is nowhere involved. Another fallacy in this section is the requirement of non-access to dispute the legitimacy of a child. In case the child is born out of adultery, the husband of the mother might not be able to dispute the legitimacy of the child because there is no issue of non-access.[10] This would result in an increased burden for the husband of the mother while the biological parent of the child would not be held responsible for the child. Although this presumption would discourage the branding of a child as a ‘bastard’, the biological father would not be held responsible at all.[11] The law commission of India in its 185th report had taken cognizance of this issue and provided a revised section to allow for DNA testing in certain cases.[12] The revised section as mentioned in the law commission report takes into consideration the need to conduct medical tests to establish legitimacy. The proposed section emphasizes that the consent of a woman is necessary to conduct a paternity test. This clause is important to maintain the right of the dignity of a woman.[13] The section also adds a clause that establishes adverse inference in case a man refuses to undergo paternity tests.[14] This presumption would be beneficial to protect the rights of a child in case a man refuses to take responsibility and oppose medical tests determining paternity. The lacunae in sec. 112 make it inequitable legislation in the current time. Inheritance rights of an Illegitimate Child The inheritance rights of a legitimate and an illegitimate child operate differently under various personal laws. While a legitimate child is generally entitled to inherit the property, an illegitimate child only has a limited interest/share in the property.[15] Under Hindu law, a child born out of void or voidable marriages even though considered legitimate has a right only over their parent's property.[16] An illegitimate child in Hindu law does not have a right even on the father’s property.[17] A similar position of law is observed for other personal laws as well.[18] Under Sunni law, the illegitimate child can inherit from the mother. Under Shia law, the illegitimate child cannot inherit from either parent. The courts have interpreted sec. 37 of the Indian Succession Act, 1925 to not provide any inheritance rights to the illegitimate child in the case of Christians and Jews.[19] This kind of distinction is detrimental to the rights of a child because they have to bear the burden of these archaic laws.[20] Though the laws have not been flexible enough to accommodate and take cognizance of the rights of an illegitimate child, the courts have arguably taken a progressive approach to these rights. In the case of Revanasiddappa v. Mallikarjun,[21] the Supreme Court held that the illegitimate child has a right over the self-acquired as well as the ancestral property of the parents.[22] The Supreme Court reasoned that sec. 16, HMA, 1955 declared that the children born out of the void and voidable marriages as legitimate.[23] The right of a child in the property should reflect this legitimacy and they should have a right in both, the ancestral and self-acquired property of the parents. The court also mentioned that with changing norms of legitimacy in the society, the law cannot afford to remain stagnant. In Muslim law or Christian law, however, the courts have had to take a strict interpretation of the law and thus the rights of an illegitimate child were excluded in such cases.[24] Though the courts have held that the rights of an illegitimate child need to be upheld in cases of inheritance, the court could not go beyond the law to provide them relief.[25] The court in the case of Jane Antony v. Siyath observed that children have no role in their birth and the marital status of their parents. Thus, a child should not suffer for the follies of their parents.[26] Thus, it was recommended that legislation akin to Sec. 125, CrPC, 1973 (which provides maintenance rights to illegitimate children) be enacted by the parliament.[27] The exclusion of an illegitimate child in inheritance unfairly advantages the biological father of such a child. To provide legitimacy to children born out of wedlock, the Supreme Court has also provided legitimacy to children born to parents cohabiting for a long time.[28] A crucial condition affecting the legitimacy of a child is the period of cohabitation between the parents. In the case of a 'walk in and walk out relationship’, the child would not be considered legitimate.[29] Thus, it could be argued that the courts have been cognizant of the problem that could arise by labelling a child as 'illegitimate and they have tried to tackle the situation by taking a prudential approach while interpreting the law’. The inheritance rights of illegitimate children do not have statutory protection. There exists no secular law that safeguards the rights of a child in their parents’ property. The 100th law commission report also identified this problem and recommended a revision in sec. 37 of the Indian succession act to include 'illegitimate children in the definition of 'child'.[30] The law commission recommendations are over three decades old but no legislation has been passed to that effect till now. While the courts have recognised the lacunae in the law, there could be no improvement in the rights of a child till the law is amended to this effect. Conclusion In this article, I have analysed how personal laws have failed to recognise the rights of an illegitimate child. Although some laws were enacted to improve the status of illegitimate children, the laws need to develop to achieve these objectives. In the first part, I argued how Sec. 112, IEA, 1972 needs to be amended with the changing societal norms and modernisation. The law on presumption of legitimacy, though enacted to protect a child from 'bastardization' by society, might act today as a defence for people indisposed to take the responsibility of a child. Although the courts have tried to take a more liberal approach towards the rights of a child, they are bound by law and cannot go against the word of the law. There needs to be a secular law that safeguards the interests of a child and provide them with rights such as inheritance. References [1] Tahir Mahmood, ‘Presumption of legitimacy under the evidence act’ [1972] Journal of the Indian Law Institute 80. [2] (1874) I.A. 282,293. [3] Gautam Banerjee, Child and the law (Notion press 2017) 130. [4] Ibid. [5] Mahmood (n 1). [6] Vijay Pal Khanagwal, ‘Legal aspects of legitimacy in Indian perspective’ [2012] Journal of Punjab Academy of forensic medicine. [7] Caesar Roy, ‘Presumption as to legitimacy in section 112 of Indian Evidence Act...’ [2012] Journal of the Indian Law Institute 385. [8] Roy (n 9) 399. [9] Roy (n 9) 390. [10] Khanagwal (n 8). [11] Roy (n 9) 393. [12] Law Commission of India, 185th Report on Review of the Indian Evidence Act, 1872 (February 1985) Part IV. [13] Gupta (n 14). [14] Law Commission of India (n 15). [15] Gautam Banerjee, Child and the law (Notion press 2017) 138. [16] Sec. 16(3), Hindu Marriage Act, 1955. [17] Banerjee (n 18). [18] AA Fyzee, Outlines of Muhammadan Law (1974) 396. [19] Banerjee (n 18) 139. [20] Kusum, ‘Rights and Status of Illegitimate Children’ [1998] Indian Law Institute 302. [21] Jane Antony v. Siyath (2011) 11 SCC 1. [22] (2011) 11 SCC 1 [41]. [23] (2011) 11 SCC 1 [26] [24] Re: Sarah Ezra v Unknown AIR 1931 Cal 560; Pavitri v Katheesumma, AIR 1959 Ker. 319. [25] 2008 (4) KLT 1002. [26] 2008 (4) KLT 1002 [33]. [27] 2008 (4) KLT 1002 [33]. [28] SPS Balasubramanyam v. Sruttayan AIR 1992 SC 756. [29] Madan Mohan Singh v Rajni Kant (2010) 9 SCC 209. [30] Law Commission of India, 110th Report on The Indian Succession Act, 1925 (February 1985) 59. (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 Nishtha Gupta, a 4th Year, B.A., LL.B.(Hons.) student at NALSAR, Hyderabad The idea of distributive justice is premised upon the cornerstone of ‘equality’, but time and again academicians, as well as policymakers, have failed to provide a comprehensive idea of what kind of equality ensures distributive justice. Despite wide criticism of the Rawlsian theory of justice as an obsession with material resources, attempts by states to reduce inequality and alleviate poverty usually involve a redistribution of wealth and resources without much focus on developing the capabilities of people. This paper seeks to show that these policies rest on the false premise which equates poverty with wealth and uses a capabilities approach framework to analyse how the response of the Indian government to the recent Corona pandemic affects different classes of the population unequally, despite there not being a significant difference in their financial situation. It will be argued that the policies that would be better responded were their implementation of Universal Basic Income (UBI) for all in India. An analytical approach specifically from the feminist viewpoint would be the pivot with UBI as a suggestive remedy. Defining Poverty Distributive justice is premised on two prominent questions- what to distribute and how to distribute it? The visceral response to the first question was the distribution of wealth as, theorists from Aristotle to Rawls introduced us to theories that provide for means of distributing wealth among the people. What remained dialectal was, how could this be done in a way that would quench the needs and satisfy all its beneficiaries. In response, and despite its flaws, Vilfred Pareto’s proposed theory of ‘make at least one person better off’, became the standard espoused by policymakers and courts alike. By the middle of the last century, however, discrepancies between the theory and the practical situation began to emerge prominently. Was the distribution of wealth enough to ensure distributive justice? The feminist movement and the civil rights activism in the United States produced a new concept known as ‘equality of opportunity’ while in the Soviet Union and China, the communist states were experimenting with a new brand of equality – ‘the equality of outcome’. The second question was also left open as the latest research by Kenneth Arrow and Amartya Sen showed its impracticality in the real world. Following the development of the impossibility theorem and the liberal paradox, social choice theory in economics hit a dead end. The response to the ‘what’ question turned tides when answered differently by Amartya Sen in his celebrated lecture ‘Equality of what?” He came up with the theory of capabilities where poverty is measured by the choice of capabilities that individuals have reason to value. Poverty according to this approach has been measured as the deprivation of capabilities. Nussbaum furthered this approach by listing capabilities which the state ought to provide to its people, to ensure dignified living to its citizens. Pandemic and Women The first course of treatment for any pandemic, Covid not being the exception, is house quarantine and social distancing. And this is exactly how the Indian government responded to the first and second wave. What eluded most eyes was, however, something known as the shadow pandemic. With the onset of the pandemic, in a culture where men staying at home and contributing to housework is considered undignified, now they were being forced to restrict themselves to confined familial spaces. This gradually morphed into a phenomenon that saw an increase in violence, especially domestic violence inflicted against women and girls. The UN Chronicle and campaign launched during the period stressed on the lack of resources available with women to redress their complaints and a capacity saturation of the helplines and response teams. It is argued that a simple measure like the Universal Basic Income, could have ameliorated the conditions of women affected by the pandemic and trellised their vulnerability. Theoretical underpinnings to UBI UBI, as propounded by Parjis and Vanderborought, refers to an uninterrupted flow of cash to all the citizens in a country irrespective of the employment and social conditions they are living in. In their words A basic income … is an income paid by the government to each full member of society … is meant to convey the idea that, owing to its unconditional nature, we here have something on which a person can safely count, a material foundation on which a life can firmly rest, and to which any other income, whether in cash or in kind, can legitimately be added.[1] The concept proposed by Parjis is that people should have real freedom in addition to the formal freedom guarantee through property rights and security rights. Positing that formal freedoms do not result in the achievement of capabilities, Parjis argues for real freedoms, opportunities, beckoning people to achieve their capabilities. Hayek’s commitment to republican freedom had also demonstrated an inclination towards the idea of basic income. In his words “There is difference between society that accepts duty of providing minimum level of welfare… one which seeks to determine the ‘just’ position and allocates to each what it thinks he deserves.” It is argued for a universal income for the reason that the alternative of means-tested distribution of goods and cash is not efficient a fair in the state. The welfare state does not have the means to assess the people who are justified in receiving the UBI. The author has justified through the capabilities approach that the poor cannot be identified through these means. As per a study in Kenya, the presence of UBI increases the psychological being of individuals. It gives them more opportunities to fulfil their aspirations and capabilities. The budget report also calculated the economic feasibility of UBI. The calculations have been based on the de facto poverty and GDP in the country and the figures are between 4.2-4.9 per cent of GDP in the initial phases. The budget reflected that the per cent would reduce depending on the decrease in the number of poor below the poverty line. with these foundations, it would now be beneficial to assess the impact UBI could have on women and their capabilities. Redressing the Effects Annals prove that there is a clear connection between the violence women faced at home and their economic condition in social life. Domestic violence and economic dependence are directly proportional.[2] Marriage gives men power over the wife. It gives him the power to control her social life, property and social capital. Coker posits an interconnectedness between violence and material resources. In her words Inadequate material resources increase the batterers’ access to women who do try to separate. [T]hose women who are economically vulnerable have an increased vulnerability to violence. So you see this kind of interactive effect.[3] A simple addition of income to the household, in the form of UBI, would allow women to utilise resources for personal development, giving them a sense of freedom and reduced dependence on the males of the house. Given that UBI is individuated, the money would go into her personal account, preventing abuse or access by others. It is only axiomatic that the minimal income gives a psychological satisfaction, at two levels- one to the woman, giving her a voice and means to her ends, and two to the male who now is aware of her independent source of income. It is pertinent that this is not only a boon for houses with instances of domestic abuse. The pandemic evidenced an increase in housework and burden on the women, with alterations in the living conditions of the family. Killewald concluded that unemployment and financial dependence increases the share of housework distribution[4]. Reilley inferred that higher-earning women were more likely to feel independent along with nominally being responsible for the housework where concomitantly unemployed women did not have choices available to reduce their household burden.[5] It would then appear instinctive that provisioning an amount for each individual would assuage, if not entirely resolve, the issue of dependence. What would come as an instant criticism is the amount of money, the government will be able to dedicate to this scheme. While the numbers have been accounted for in the economic survey mentioned earlier, the question is not just about the amount, rather the incentive and means to enable a woman to realise her capabilities, as Sen and Parjis envisioned. The UBI would ensure that the citizens have money to save for the basic supplies and procuring necessities. They would have the income resource to convert their ability into functioning. Capabilities cannot be fulfilled without the presence of a constant income. The UBI supplemented by other capability development approaches appears to be the most efficient solution to tackle the impact of an epidemic like corona on the poor. India prides itself as being a welfare state, and implementation of unique, welfare policies like the UBI should be something it should not shy away from. Our women have already borne much suffering, it is time we repay, redress, and remedy these. References [1] Parijs & Vanderborght, Basic income. A radical proposal for a free society and a sane economy (1st edn, Harvard University Press 2017). [2] Julie Matthaei, An Economic History of Women in America (Harvester Press, 1982). [3] Donna Coker, ‘Addressing Domestic Violence Through a Strategy of Economic Rights’ [2003] 24 WOMEN’S RTS. L. REP. 187, 188. [4] Gough M, Killewald A, ‘Unemployment in families: the case of housework’ [2011] J Marriage Fam 73 1085. [5] O’Reilly J, Nazio T, Roche JM, ‘Compromising conventions: attitudes of dissonance and indifference towards full-time maternal employment in Denmark, Spain, Poland and the UK’ [2014] Work Employ Soc 28 168. (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 Pritha Lahiri* & Ayush Kumar** “…. We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the fountain of life. Many of the things we need can wait. The child cannot. Right now, is the time his bones are being formed, his blood is being made, and his senses are being developed. To him we cannot answer ‘Tomorrow,’ his name is today.” - Gabriela Mistral Introduction An orphan is someone who has lost his/ her parents. There are other definitions of orphans such as paternal orphans (a child who has lost his father), maternal orphans (a child who has lost his mother) or double orphans (a child who has lost both the parents). However, the Indian Legislation makes no such distinction. As per Section 2(k) in The Juvenile Justice (Care and Protection of Children) Rules, 2007 defines an Orphan as “a child who is without parents or willing and capable legal or natural guardian”. In India, there is no specific legislation that talks about the rights of an orphan. There are no rules and regulations which explicitly mention their welfare. As per a 2005-06 record available, there are more than 20mn orphans in India, which is almost equal to 4% of the country's total population. This is a considerable number. Furthermore, during the Covid-19 pandemic, the situation got aggravated. So much so that, during April-May 2021, 577 children lost their parents. This data is very problematic when looked at for the last one year. Considering the current plight of the orphans in India, in this article, we have tried to understand the legal rights of orphans in India, which are encapsulated in the existing legislation governing their rights. The article further discusses how law and policy revolving around this special population of children must evolve in order to ensure that their well-being is ensured. Existing Legal Rights of Orphans Usually, when we talk of an orphan, we mean a child who has been either abandoned deliberately by their parents or a child who has lost his/ her parents in an accident or mishap. As per the United Nations Conventions on Rights of the Child (UNCRC), a child is anyone who is below the age of 18 years or unless under the law applicable to the child, the majority is attained earlier. Every child has the right to family care. This provision is found in the Convention on the Rights of the Child, 1989 (“CRC”), the UN Guidelines for Alternative Care 2009, the Indian Constitution and the jurisprudence of the Indian Supreme Court on child rights. There are certain rights that a child possesses. These are as follows: 1. The Right to Identity Children have the right to a legally recognised name as well as a nationality (to belong to a country). They must also have the right to a public record that serves as their identity. This record guarantees both national support and access to social services. 2. The Right to Health The right to health covers medical care, nutrition, protection from bad habits such as drugs, etc., and safe working environments, with articles 23 and 24 of The United Nations Convention on the Rights of the Child (UNCRC), detailing access to special care and support for children with special needs, as well as quality health care (including drinking water, nutrition, and a safe environment). 3. The Right to be protected from exploitation Children should not be forced to labour in hazardous or demanding settings. Children can only volunteer to work on tasks that do not jeopardise their health, education, or playtime. Sexual exploitation, which is another form of exploitation, is also forbidden as an activity that exploits people. Article 23 of the Indian Constitution protects individuals from exploitation and guarantees human dignity. Survivors of abuse, neglect, and exploitation require specific assistance in order to recover and reintegrate into society. Even though it is under the jurisdiction of the court system, children cannot be punished brutally. Death or life sentences, as well as penalties involving adult inmates, are not allowed. 4. The Right to an Opinion The Children have the right to express themselves without fear of being judged or ridiculed. In circumstances where adults are actively making decisions on behalf of children, the latter have the right to have their thoughts heard. While children's opinions are not always based on facts, they are nevertheless a valuable source of information for parents and should be considered. This, however, is dependent on the child's maturity and age. Children have the right to free expression as long as their thoughts and knowledge do not damage others. 5. The Child’s Right to a Family “Every child has a right to love and be loved and to grow up in an atmosphere of love and affection and of moral and material security and this is possible only if the child is brought up in a family.” The importance of alternative care based on family and community is recognised in child rights jurisprudence. This right is also recognised at the International Level. Article 4 of the UN Guidelines for Alternative Care of Children, 2009 states that “Every child and young person deserves to grow up in a nurturing, protecting, and caring environment that encourages them to reach their best potential.” Further, Article 5 states that “State has the responsibility to assure the safety, well-being, and development of any child placed in alternative care, as well as the regular examination of the appropriateness of the care arrangement given”. In India, Article 39(f) of the Indian Constitution states that “the state should ensure that children have the opportunity and resources they need to grow up healthy in a dignified manner in order to ensure that childhood and adolescence are protected against exploitation as well as moral and material abandonment.” Making India Inclusive for Orphans - A Way Forward Need for a Separate Legislation In India, there is no separate legislation dealing with Orphans. Orphans and vulnerable groups are included under the Juvenile Justice Act. Fatalism and institutional neglect have resulted in them becoming dispersed political entities incapable of fighting for the rights guaranteed to them by the Constitution. According to the concept of Parens Patriae, the State is your parent if you have none. This statement is truer for no other category of citizens but orphans. Therefore, the Government should introduce legislation made exclusively for the Orphans to ensure that they are provided with their fundamental right to life, as guaranteed under our Constitution. In 2016, The Orphan Child (Provision of Social Security) Bill was introduced in the Lok Sabha. However, it never saw any light of the day. It is high time to pass the bill to formulate comprehensive legislation covering the needs of orphans. Formulation of Policies Favouring Orphans Apart from enacting separate legislation on this issue, the State shall make such policies that support the Orphans. The policy may provide for the following: Recreational activities and innovations enhance the participation of children [orphans] and make sure that these children are provided leisure time. Placing Orphans in a family setting through reunion or adoption and creating an effective system of institutional care for the Orphans. Catering to the psychological needs of these children by way of counselling, training and capacity building. Post-institutional support to ensure education, skill training and livelihood to orphan children after they turn. Raising public awareness about orphans and other vulnerable children through speaking to children, parents, caregivers, service providers, and the general public. Mechanism to Control the Orphanages Section 41(1) of the Juvenile Justice Act, 2015 makes it mandatory for all the institutions for housing for Orphans to be registered under the Act. However, contrary to this, it has been found in a survey carried out by the Ministry of Women and Child Development that 4,000 of the total 9,000 child-care institutions were not registered under the Juvenile Justice Act, 2015, and were operating illegally. "Covid orphans " posed a unique challenge to the State and society in the aftermath of second covid waves. While the Government of India has announced creating a corpus fund to take care of such children, challenges remain. Therefore, there is an urgent need for a reliable mechanism to be put in place that can control orphanages. Furthermore, the Child Adoption Resource Agency (CARA) should play an active role in regulating in-country and inter-country adoptions. Introduction of Uniform Civil Code Adoption is a significant part of an Orphan’s life. However, adoption falls in the subject matter of Personal Laws. Since there is no uniform civil code in India for Personal Laws, there is a visible lack of uniformity in applying such laws across the country. Most of the time, religion poses a barrier for the parents to adopt a child. Even if adoption occurs, the parents are not legally allowed to call themselves the adopted child’s parents. Time and again, the Hon'ble Supreme Court has shown full support for introducing a Uniform Civil Code in the existing Personal Laws. In Mohammad Ahmed Khan v. Shah Bano Begum, Justice Y.V. Chandrachud observed that “A uniform civil code will aid in national unification by reducing divergent legal loyalties based on opposing ideologies”. Therefore, introducing a Uniform Civil Code will lead to the application of the same law for all the citizens in India, which will further ensure that there is no single childless parent in the country. Conclusion Summing up, the difficulties that the Orphans face are diverse and complex. In India, there is currently no legislation that specifically deals with the special portion of our population. While we have laws that penalise children, there is no contrary law that protects them. It is, therefore, the need of the hour to come up with policies and legislations that protect and empower these children and provide them with the love and warmth that they deserve. * 3rd Year, B. Com., LL.B. (Hons.) student at Institute of Law, Nirma University, Ahmedabad ** 3rd Year, B.A., LL.B. (Hons.) student at Chanakya National Law University, Patna (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 Sarah Azad, 1st Year, B.A., LL.B. (Hons.) student at NMIMS School of Law, Bangalore INTRODUCTION The rate of violent crimes committed by youngsters under the age of 16 has risen in recent years. The incident of the "Nirbhaya Delhi Gang Rape Case", which occurred on December 16, 2012, has shaken not just Indiarather the entire world. In that case, also the crucial point was the participation of the defendant, who was only six months away from turning 18 years old. Statistics show that juvenile crimes are increasing at alarming rates. According to 2017 data produced by the National Crime Records Bureau, over 40,000 juveniles are caught per day, the majority of them are in the 16-18 age group. However, recently, the Punjab and Haryana High Court has ruled in Vishwas Bhandari vs The State Of Punjab that the judgment to issue or deny bail to juveniles delinquents should depend on the results of a social investigation. Against this backdrop, the present piece of writing is an analysing of the merits and issues with the social investigation reports that are used to decide whether or not to grant bail to juvenile offenders and provide suggestions for their effective usage as well. WHAT IS A SOCIAL INVESTIGATION REPORT? Everything an individual indulges in has a basis in a series of circumstances that led him to do what he did. The focus of the social investigation report is to identify and understand the circumstances of the child in question, and what may have led to the alleged crime. Social Investigation Reports (SIR) come into the picture in "Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2000" which talks about bail granting systems in a juvenile delinquency case. The social inquiry and report are still regarded as a sine qua non[1]in deciding juvenile cases. BACKGROUND Despite any earlier specific record, the Social Investigation report was first used in Rural England in the 1870s. The first-ever juvenile court was set up in Calcutta in 1914 and since then there is no going back. The Juvenile Justice Act was introduced in the year 2000 and that is where the use of social investigation reports under Section 12 of the Act began. The court's use of social investigations findings in resolution judgments and, in certain situations, adjudicated proceedings is a distinctive input that has resulted from such a socio-legal unity. The utilisation of SIR to identify the requirements of each particular child has been envisioned as the mainspring of a juvenile process ever since initial periods of courts determining juvenile cases. COMPONENTS OF A SOCIAL INVESTIGATION REPORT The SIR has details regarding children who conflict with law related to their upbringing, circumstances and physical, economic and social surroundings. Ordinarily, the report is divided into three main parts the first part deals with information related to the child's family background and his/her relations with parents, relatives, peers and teachers. The second part entails details regarding the child's physical and mental health and conditions, interests, habits, personality and behavioural traits. The third part is where the Probation Officer analyses the circumstances of the child and related it to the present act of delinquency thus establishing a link between the two. RELATED CASE LAWS In Sonu (Minor)VsState of UP[2], the Appellate Court examined the social investigations document and concluded that the revisionist should not be granted bail, but the High Court of Allahabad was in plain disagreement with the interpretation of the social investigation report to reach this conclusion. In Dharmrajvsthe State of UP[3], where Dharamraj was accused of threatening a girl for marrying her by force, the court had held based on the social investigation report, that releasing him will expose him to psychological and moral dangers. It will also be concluded through the report that he is likely to come in close contact with other criminals and that his release's purpose would stand of no use. In Vishnuvsthe State of Haryana[4]the child who conflicts with the law is also the petitioner and relied on VishwasBhandarivsThe State Of Punjab[5]and contended that the courts in his case didn't consider social investigation reports. The court considered this and went ahead with evaluating his social investigation report which concluded that his relations with his parents and peer were cordial, and was a normal child and committed the alleged crime under the influence of peer group pressures. MERITS OF SOCIAL INVESTIGATION REPORTS When it comes to the use of social investigation reports in adjudication, the reasons for conducting a social investigation upon submitting a petition and for the judge consulting the report before adjudication are based on sociological issues rather than law protecting individual rights. The fundamental point is that the material in the social report adds greatly to the judge's comprehension of the juvenile's overall personality and specific needs—information that might not be easily available during the hearing. The report allows the judge to evaluate whether it is appropriate to keep a child detained until the hearing. Other arguments in favour of the procedure include the fact that it sometimes removes the need for the child to appear in court, protects parents from losing money, and, in general, best serves the child's and state's interests.[6] CHALLENGES WITH APPLICATION OF SOCIAL INVESTIGATION REPORTS A lot of things can be blamed for the intense debate this topic has sparked. Firstly, the tension among individuals that see the juvenile court as just an authoritative legalistic institution and others who see it as a liberal societal kind of organisation is exemplified by the issue of correct utilization of such findings. Secondly, because it is simultaneously an authorized judicial document and a medical systematic review, the document raises unique challenges. Privacy and disclosure is an issue[7]. Thirdly, the document often includes material that could be a significant cause of prejudice for the youngster and his family. Other institutions' interests in using such data, such as governmental organizations as well as private clinics, and the juvenile court's interests in protecting the child's anonymity, occasionally collide. Information that is presented at the court through a social investigation report cannot be trusted upon in its entirety since it is coloured with biases and subjective interpretations of those involved in giving out information about the child often creep in. Evidence that has not been exposed to the legal standards offered by evidentiary safeguards should not be used in a delinquency determination. Most of the juvenile's social background is dependent on information gathered from neighbours that may have an antagonistic or unfavourable mindset toward the youngster and who are more likely to make a prejudiced and misleading remark than to appear in court under oath. Furthermore, due to the large caseload and limited amount of time for full research, the report may appear to contain inaccuracies, bias, cursory assessment, and rank hearsay.[8] ENVISAGING AN APPROPRIATE ADMINISTRATION OF SOCIAL INVESTIGATION REPORTS In the light of the above-mentioned arguments it can be concluded, that while tackling the issue of juvenile delinquency is the urgent need of the hour, so is the proper administration of tools and mechanisms put in place in the juvenile justice system. One such tool is the social investigation report. While social investigation reports serve a considerably great purpose in deciding the bail appeals, it has certain problem areas that we possibly cannot shut our eyes to. A suggestive series of reforms could be that in cases apart from a judicial matter, caution should be exercised to avoid disclosing the information to people or entities who are not committed to the child's safety. Although no law can completely abolish the prospect of mismanagement, formal behaviour that may result in child stigmatisation can be efficiently prevented by enacting particular and indisputable regulations that plausibly consider the genuine preferences of people and departments dealing with the children's wellbeing. It must be assured that certain documents or data are not publicised or utilised for any reason except those for which they were acquired. Since the social investigation reports are inclined towards subjective bearings, its use could be minimised or be limited to circumstance specific cases- where the need be and not be blindly invoked in all juvenile delinquency cases. A well-postulated system of juvenile justice with all its mechanisms placed right as per ideals of law would take us forward on the path of growth in the child rights arena. References [1]Without which, not – something of absolute necessary [2]Criminal Appeal No. 1775 of 2013 | 05-02-201 [3]CRIMINAL REVISION No. - 1857 of 2017 [4]CRR-233 of 2021 (O & M) [5]CRIMINAL APPEAL NO. 105 OF 2021 [6]Teitelbaum, L., 1967. The Use of Social Reports in Juvenile Court Adjudications. J. Fam. L., 7, p.425. [7][7]Columbia Law Review, 1958. Employment of Social Investigation Reports in Criminal and Juvenile Proceedings. 58(5), p.702. [8]Xiong, Y.A.N.G., 2008. On the System of Social Investigation in Juvenile Proceedings [J].In Legal Forum (Vol. 1). (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.)

About Chanakya National Law University Chanakya National Law University [CNLU] is an autonomous law school in Patna, Bihar, India. It was established in 2006 by the Government of Bihar as a public university dedicated to the field of Legal Education. About the Child Rights Centre The Child Rights Centre (CRC) is a specialized research Centre of Chanakya National Law University, Patna. The Centre was established with a mission to improve access to justice for children and promote research, advanced learning, and advocacy to strengthen child rights laws, policies, and practices in Bihar. Child Rights Centre is established & running with technical support of UNICEF for effective implementation of children’s laws in Bihar. About the Event Child Rights Centre, CNLU Patna is organising a guest lecture on the topic “Impact of COVID-19 on Learning and Well-being of Children”. Programme Schedule Date & Time 20th July 2021 at 12:00 PM (IST) Registration Link (Free) Click here to register. Contact Details Dr. Aman Kumar, Centre Coordinator, Child Rights Centre, CNLU, Patna [+91-9956585759] Mr. Chandan Kumar, Programme Coordinator, Child Rights Centre, CNLU, Patna [+91-7979743690] Or, mail to crccnlu@gmail.com. Note: E-certificates will be given to the participants.

By Ranjul Malik, 1st Year, B.A., LL.B. student at Army Institute of Law, Mohali CONTEXTUAL BACKGROUND AND INTRODUCTION While everybody was lamenting over numbers posed by the much-dreaded Covid wave 2.0 in India, one of the statistics, in particular, shocked everyone and garnered eyeballs from across the globe. In its report presented to the Supreme Court of India, the National Commission for Protection of Child Rights stated that, between 1st April 2020 to 5th June 2021, which is roughly the span of the pandemic in the country, at least 3621 children lost both their parents to Covid- 19, and over 26000 had lost at least one parent. As tales of the plight of these orphaned children started pouring in on social media and news outlets, many came forward to offer financial help, some even willing to offer them a new family by adopting them. While the initiatives taken by the people might seem to be in uberrima fides, they are clearly not in line with the legal principles and procedures as laid down by laws, which just goes on to prove the ignorance prevailing to rights bestowed upon onto orphans by the law, which in words of Prashant Kanungo (Chairperson NCPCR), “the law is not so lax in India”. DEFINITIONS Various legislatures define the term child in India, laws related to labour and employment like The Child Labour (Prohibition and Regulation) Act, 1986, The Plantation Labour Act 1951 among others claim a child to be under 14 years of age, while the recently amended Juvenile Justice Act states that children in age 16-18 can be treated as adults in case of heinous crimes. All this said India had also ratified The United Nations Convention on the Rights of the Child (UNCRC) in 1992, which defines a child as a person under 18 years of age. Hence there seems to be a prevailing ambiguity on one accepted definition of child. The ambiguity is not exhaustive to the definition of children, the term orphan too does not find a correct explanation in Indian legislatures, a lacuna that has acted as a hindrance before. Although UNICEF defines an orphan as an “individual under 18 years of age, who has lost one or both parents”, but the generally existing notion within the country restricts an orphan to a child who has lost both the parents or one who has been abandoned and taken over to a CCI. RIGHTS AND PROTECTIONS There is no separate legislation governing the rights of orphans in India per se, as a result, the rights enshrined upon children by the constitution along with other laws protecting the rights of children in India and the UNCRC are also possessed by an orphan. Article 14 and 15 of the constitution gives the right of equality to all the citizens and right to be not discriminated respectively, including orphan children too, Article 15(3) also gives the state the authority to make special privileges to empower women and children. Article 21 of the Indian constitution also grants the right of life and liberty to all individuals, and in Mohini Jain v. State of Karnataka[i], the Apex Court held that the Article also includes other rights important for personality and not mentioned in Part 3 of the constitution, such as the right to education. Further, Article 21A, as inserted after the 86th amendment also grants the right to all children aged 6 to 14 years and Article 23 and 24 also prohibit trafficking and child labour for children under 14 years of age respectively. Articles in Part 4, encompassing Directive Principles of State Policy. Orphans are also entitled to study in educational institutes run or funded by the state under Article 29(2) and education and care until age 6 under Article 45. Article 39(e) and (f) direct states to ensure healthy citizens are healthy and are not abused while being provided conditions and opportunities ensuring freedom and dignity. Article 47 also directs the state to raise living standards by increasing the nutrition of all (hence including orphans). Apart from these, India being a member of UNCRC, also recognises the rights provided in 41 Articles of the convention. The Articles revolve around 4 basic principles, i.e. Non-discrimination in Article 2, Best Interest of the Child in Article 3, Right to Life Survival and Development in Article 6, Right to be Heard in Article 12. All 41 Articles pronounce a different right, but are generally categorised into 4 broad themes based upon the principles, i.e. i) Survival Rights, catering to basic needs and necessitates of a child essential for survival, ii) Development Rights, catering to the holistic development of children, iii) Protection Rights, providing for the protection of children from exploitation, abuse, forced labour and providing protection to the children in need, and iv) Participation Rights, ensuring rights of children to participate in citizens and to express their opinions and concerns. The 41 Articles in their totality emphasise these broader themes, which are in consonance with rights enshrined by our constitution. Along with these, many legislatures which protect children also protect orphans. Prohibition of Child Marriage Act, 2006 in Section 12 for example, makes void marriage of boys under 21 and girls under age 18. The POCSO (Protection of Children from Sexual Offences) Act 2012 has provisions to protect children from sexual offences, Child Labour (Prohibition and Regulation) Act, 1986 regulates the minimum age of children to be employed as workers, along with these other statutes like The Indian Penal Code for protection against offences also protect orphans. The Juvenile Justice (Care and Protection of Children) Act, 2015, is of utmost significance to the rights of orphans. It contains provisions to regulate adoption, provide registration to the CCIs (Child Care Institutions). It also grants monitoring mechanisms for the CCIs through Monitoring Committees as prescribed under the Act, this had been reiterated by the Apex Court, in the Exploitation of Children in Orphanages four state of Tamil Nadu versus the Union of India & Others[ii], where it had directed all CCIs to be registered and regulated as per provisions of Section 43 of the Act. Hence the Act can be seen as the most significant contributor to orphan rights. among other statutes. Adoption is regulated for Hindus by The Hindu Adoptions And Maintenance Act, 1956, and other religions by the Guardians and Wards Act, 1890. While The Juvenile Justice Act carried the regulations in place regarding adoption procedures within the nation. Section 56 of the JJ Act, allows a single parent or a couple to adopt an orphaned child. The eligibility of parents for adoption is laid in Section 57 of the Act. However, in addition, the Central Adoption Resource Authority (CARA) acts as the statutory authority in overseeing procedures and steps for adoption of children, and issues updated guidelines which are to be followed mandatorily, this had been mandated under Section 68 of The Juvenile Justice Acts. Section 38 of the JJ Act also makes it mandatory for the CARA to declare a child legally free to be adopted, before adoption. CONCLUSION Though the orphans enjoy most rights enjoyed by any other child in India and also are protected from exploitation and discrimination by various statutes, the situation of orphans remains pitiable. The Juvenile Justice Act and The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960 contain provisions relating to care and safe environment in the CCIs, but the administrative failures, lack of monitoring by State the Ministry of Women and Child Development and fewer stakeholders in lives of orphans, often leads to inhumane conditions prevailing in CCIs and guidelines and provisions being overlooked in day-to-day operations. Hence the hour requires strict checks and balances to oversee the working of these CCIs and ensure the rights of orphaned children are not compromised. The State also needs to provide more economic stimulus, so that the improvements in the overall quality of life of these is maintained, just like the recently announced fixed deposit scheme by the Central Government. The overarching message being, though e-rights exist in a place for orphaned children by means of the Constitution, the UNCRC and other statutes, the challenge lies in ensuring these rights are not diluted in the channels existing in between and reach to serve their end purpose, which is to ensure benefit to children. References [i] 1992, AIR 1858 [ii] Writ petition (Criminal.) No. 102 of 2007 (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 Sonakshi Pandey, Former Assistant Professor of Law, Siddhartha Law College, Dehradun Right after the unfolding of the novel COVID 19 virus which is scientifically known as SARS-COV-2, all the nations around the world are acclimatizing themselves to extremely prodigious and displeasing circumstances. While the endeavours taken by the government for curbing and curtailing the crisis caused by the virus have been proved sprightly crucial for shielding and safeguarding global health, some of these shots of government ventures for grappling with the deadly virus have also been proved fatal to the children and adolescents in some countries by familiarizing them with the escalated perils and possibilities of domestic vehemence and family fierceness. The global outburst of corona crisis engendered by the 19 virus has smashed the economical and social lives of people all around the world including children. It certainly knocked out the educational life of these children, particularly those of poverty stricken and necessitous class. The data revealed by UNESCO babbles out that education of around 120 crores children around the globe has been disorganized and deranged by shutting down of schools and educational institutions. This data includes 32.1 crores children in India. The sudden upsurge of COVID cases left the government astounded and thus the government has no other option nut to shut down the educational institution to intercept the additional unfurl of virus in India. While the mature and adults can realize the insinuation of lockdown imposed by government it is the adolescents that have become more endangered and unfortified in these rugged pandemic situations. Especially in India where, conventionally most of the incidents related to child abuse, maltreatment and emotional or physical mistreatment of young children generally remain unregistered and undisclosed, has instantaneously witnessed an escalation in the number of calls on child helpline number. The contemporaneous facts and figures released by nations like UK,USA, France and Australia divulged the fact that there has already recorded an precipitous proliferation in the incidents of child abuse and neglect owing to the enforcement of complete lockdown by the various countries to ward off the ravages and scars of corona virus. Analogously, India provides land to around 385 millions of children who are actually struggling to survive in intense destitution and odious hardships. After the aggrandizements of corona cases in India, the government adopted an iron fisted course of action on March 25, 2020 by making the announcement of countrywide lockdown to curtail the outbreak of virus. After the abrupt imposition of unanticipated lockdown, most of the adult population along with their infants and children got cinched within the four walls of their houses in choked proximities which eventually made these children more prone to domestic perversion and exploitation. Moreover fiscal and monetary crisis caused by unforeseen circumstances have put surplus anxieties on the progenitors. These adverse repercussions of lockdown and household seclusions ultimately led to the multiplication in child abuses incidents that were reported by the child helpline number during the earliest phase of lockdown in India. To lay out, some frame of reference to the situation existing before the flaring up of corona cases, it is worthy to mentioned that as per the data released by National Crime Record Bureau in the year 2018-2019 approximately 40,810 children were found to suffer the fatalities caused by the different kinds of abuses including mental harassment and sexual exploitations. And in 95% of these reported incidents, victimizers were familiar to the victims. Howbeit after the foisting of lockdown, more or less 3, 00,000 calls related to child abuse were entertained by the Child helpline from March 23 to 31 March 2020, manifesting around 50% increase in the child exploitation incidents in the first 15 days of the earliest phase of lockdown in India. Around 30% of these calls were specially correlated with the domestic mishandling of young children and proper intercession was done by child welfare agencies in around 4857 of the reported cases. As per the figures revealed by The Child Line India, 11% of the reported calls were connected to physical health of children, 8% calls were associated with child misemployment and forced misapplication and around 8% calls were related to misuse and mistreatment of children by their own family members and associated relatives. Many postulations and speculations related to criminology were propounded to buckle down those factors which are actually conducive to promote family or child abuse in the pandemic situations. Social seclusion of people directed by the government of various countries to lower down the perils of virus, loss of job employments and financial instabilities, excessive straining, stress, anxiety, panic attacks and trepidation caused by the numeral deaths of family members and relatives, all these factors lead to the further enlargement of mental strain and trauma among the members of pregnable and impuissant families which in the fullness of time resulted out in the savagery and ferocity against young immature children who are compelled to trap with other member of family in these appalling state of affairs. As far as the intensity and severity of these ferocities is concerned, it predominantly includes physical abuse, psychological and emotional abuse, sexual violence, child neglect and most horrifying is intimate partner violence. Taking into account the facts of the child exploitations worldwide, the approximation divulged out by the various self analyzed surveys are shockingly great. The surveys conducted by different organizations concluded that 22.6% of children all around the globe are victims of physical abuse, 36.3% are suffering from emotional abuse, 7.6% boys and around 18% girl child are agonizing the pain caused by sexual violence, 16.3% of children are physically neglected by their parents and 18.4% of children face emotional neglect by their family members. In regard to children vulnerability and submission to intimate partner violence, the research is comparatively restricted however it has been evaluated that around 133 to 275 million children are subjected to this sort of exploitation every year. These calculations discloses that the relational and interpersonal abuse against the children by the family or societal members precipitates a far reaching critical and grave social and health issue nationally as well as globally. In the course of usual circumstances, the incidents of child abuse or any kind of mistreatment can be indubitably perceived by school teachers, counselors or friends but due to the enforcement of complete lockdown and cease operating of school institutions, this kind of fortification and security system has been awfully impeded. With school system not streaming properly and inefficacious in the environment has made the children in India emotionally sensitive and mentally unsafe. Thus, these hooligan and ruffian state of affairs has broached several questions and right set of circumstances along with opportune time on how to uplift and upraise our children in the near future. While the government in India is desirously zealous to compress the sinuous corona, but the regulations and policy framework to keep a tight rein on abuse against children transpiring during the pandemic still seem dawdled behind. To bolster first line of defense for discovering indications of child abuse in India, teachers and school employees must be given proper instructions on how to develop sanguine approach to tackle the issues related to child perversion. A substantial social consciousness, convalescent and improvised policing system for keeping guard over cases related to child exploitation and guarantying secured and circumspect shelters to the sufferers of domestic abuse or family violence will unquestionably lend a helping hand to manage this imperceptible epidemic pertaining to domiciliary brutishness against immature youngsters and adolescents of our 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.)

About CNLU Chanakya National Law University [CNLU] is an autonomous law school in Patna, Bihar, India. It was established in 2006 by the Government of Bihar as a public university dedicated to the field of Legal Education. About the Child Rights Centre The Child Rights Centre (CRC) is a specialized research Centre of Chanakya National Law University, Patna. The Centre was established with a mission to improve access to justice for children and promote research, advanced learning and advocacy to strengthen child rights laws, policies and practices in Bihar. Child Rights Centre is established & running with technical support of UNICEF for effective implementation of children’s laws in Bihar. About Purpose The Purpose is a global social impact agency and organization that builds and supports movements that are engaged in the fight for an open, just, and habitable world. We have been working in India since 2015, across 6 states and our campaigns have collectively reached over 250 million people in 12 languages. We’ve worked on COVID19 misinformation related campaigns with UNSG and have mobilised new audiences for issues like biodiversity, public transport, and renewable energy using the lenses of faith, creativity, gender empowerment and livelihoods. In Bihar, we've worked across women's health issues & climate change in 18 districts. Here is a video on the Swasth Mahila Swasth Bihar campaign. About the Event Hope you are keeping well and safe. This is in respect to organising a webinar with the Child rights centre at CNLU on Covid vaccine hesitancy and miscommunication and prioritising women's health with dignity and care in the pandemic. As you already know and might have heard of a lot of miscommunication and mistrust around covid vaccination and by this webinar, we are hoping to break the myths and misconceptions. It would be really helpful if CNLU would co-host the webinar with us. With the United Nations, the Purpose is building a global communications campaign, Verified, a movement that aims to end the COVID-19 pandemic by empowering people around the world with science-based information, countering misinformation and building momentum for a global response that leaves no one behind. In India, we have identified five key workstreams across three thematics: public health communication; COVID-19 misinformation; and national solidarity & learning. Initially, we are focussing on Maharashtra, Kerala, Uttar Pradesh, Delhi and Bihar as geographies. Programme Schedule Session name: Legal, Social & Medical Aspects to tackle misinformation and vaccine hesitancy in COVID-19 pandemic Session Flow Special Remarks - Hon'ble Justice Mridula Mishra, Vice-Chancellor, CNLU, Patna [Time- 2:35 PM to 2:45 PM] Vaccine development: Insights on trials, safety & efficacy of vaccine- vaccine confidence and efficacy - Dr E Venkata Rao, Professor, Department of Community Medicine at IMS & SUM Hospital, S 'O' A [Time- 2:45 PM to 2:55 PM] Restoration & prioritisation of women’s dignity & care in COVID-19 & vaccine confidence - Anushree Jairath, Program Coordinator, Gender Justice, Oxfam India [Time- 2:55 PM to 03:05 PM] Combating vaccine hesitancy, misinformation & mistrust in the health system - Dr Sanjeev Kumar, Associate Professor, AIIMS, Patna [Time- 3:05 PM to 3:15 PM ] Legal aspects of misinformation, data privacy, the digital divide in COVID-19 pandemic - Apar Gupta, Executive Director, Internet Freedom Foundation [Time- 3:15 PM to 3:25 PM] Interactive Session - Q&A with students, faculty & panel experts [Time- 3:25 PM to 3 :55 PM] Closing Remarks - Dr Vijay Kumar Vimal, Assistant Professor, CNLU, Patna [Time- 3:55 PM to 4:00 PM] Joining Link Zoom Invite: Join Zoom Meeting https://zoom.us/j/96207338123?pwd=dXVqblMvSEJCRWZlZkozUm1ySzROZz09 Meeting ID: 962 0733 8123 Passcode: 195961 Contact Details Dr. Aman Kumar, Centre Coordinator, CRC, CNLU Patna [crccnlu@gmail.com].