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About 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 Blog This blog is initiated with the motive to provide a platform for students, academicians and research scholars to share their thoughts and research on the issues related to women and children. This blog stands as a platform for hosting a wide range of articles that would provide better insights into the latest developments in the issues related to women and children of India and also provide a global perspective to the said matter. Eligibility The blog invites submissions from students, academicians and research scholars of any stream. Theme Rights of Children and Women during COVID- 19 Sub-Themes Bihar as a hotspot/transit place for the Child Trafficking Role of JJB/CWC in Protecting Child Rights Lack of Adult Supervision and its consequences for the children. Discrimination in education among the Children Covid-19 and crimes against Children Legal Rights of Orphan Children in India Online Education in private school and government schools of India. Impact of Covid 19 on the Education of Women and Children Impact of the Pandemic on the children of Migrant Workers Street Children during Covid 19 Guidelines Articles in the range of 1000-1500 words shall be accepted. The content of the article shall be original and must not be published anywhere else. Co-authorship is allowed for a maximum of 2 authors only. The submission shall be made in .doc/.docx format only. All the submissions shall be made to crccnlu@gmail.com with the subject “Submission of Article.” The following details shall be mentioned in the first page of the document containing the article: · Name of the Author and Co-Author · Year of Study of the Author and Co-Author · College/University of the Author and Co-Author · Email ids of the Author and Co-Author 7. The submissions shall undergo a plagiarism screening process and it shall not exceed 10%, all articles with plagiarism of more than 10% shall be rejected. 8. The author(s) shall follow a uniform style of citation. 9. All the references from online sources shall be hyperlinked. Formatting Guidelines Body Font – Times New Roman Font Size – 12 Alignment – Justified Margin – Normal (1” or 2.54 cm on all sides) Line Spacing – 1.5 Footnotes Font – Times New Roman Font Size – 10 Alignment – Justified Line Spacing – 1 Submission Fee There is no registration or submission fee, all the selected articles shall be published for free. Last Date of Submission All the submissions shall be made by 31st July, 2021. Contact Details Email: crccnlu@gmail.com (In case of any query mail to this id with the subject “QUERY”) You can access our website from here. *The decision of Child Rights Centre shall be final regarding the publication of any blog and no contentions for the same shall be entertained.

By Katerina Mpelmpa, Research Assistant at Child Rights Centre, CNLU Patna Covid-19 has entered our lives on a global level, and it has changed the way we live and think on a daily basis, while it has also affected the way we interact with others. The pandemic as a phenomenon carries a different impact on the age and life stage of a person. Childhood is a completely different phase than adulthood, that’s why children are experiencing differently the changes that the virus has brought into their lives. Childhood is one of the most intensive and sensitive stages of a person’s life, as it is a period of years, for example from age 5 to 12, in which children have started absorbing the stimuli from the environment, and unconsciously weaving the layers of their perception upon situations. How it feels for a child, living through a global pandemic? Regardless of age, there are several ways in which Covid-19 has impacted children, from irregular routines and virtual reality/school to homelessness and food insecurity. Changes in daily flow Having a predictable routine is important for parents and children, as they develop together a daily family’s program. The departure from their ‘’normal’’ routine, causes emotions of stress and isolation. Stuck at home With social distancing measures, kids are stuck at home, isolated from relatives and friends. They may not have access to extracurricular activities and habits, which once brought them joy. One of the most important things is that school is closed, so children lose their daily interaction with their friends and teachers, and at the same time, they are losing chances of building their social development. School is a preparation for the adulthood. A simulator of situations, values, attitudes, and experiences through which children are growing up mentally, building and revealing elements of their personality and character. Disruptions in Learning Most of the schools have adopted hybrid learning models, with a combination of virtual and in-person instruction. It’s important to remember that not all home situations are the same. From limited technology and poor internet connections to abusive family dynamics and food insecurity, children are challenged to react towards an educational system that is not made for all. Virtual Reality vs Reality One of the biggest chances of revealing technology’s power is the Lockdown. For adults and children too. For children, is not easy to separate the virtual in digital life from the realistic side of the non-digital life. When the ‘’real ‘’ life and ‘’normality’’ have been paused and muted due to lockdowns and quarantines, children start living through the screens, using computers and mobile phones, replacing their old habits with the newly available means of communication, interaction, and emotion. Loss of Security and Safety More than half of all people experiencing homelessness are children under the age of 18. The pandemic resulted in job loss, evictions, and loss of security for millions around the world. In cases as India’s Covid-19 conditions, children are struggling with human loss, death, sadness, and total breakdowns. The impact of Covid-19 is proof that everything is a part of a chain, connected with something else. Children’s emotions and feelings are often being overlooked, because adults are facing vital issues and battles, as job loss and financial disaster. It is important to remember that, children absorb more unconsciously their experiences, emotions, and thoughts, that’s why in difficult and unpredictable radical changes, need guidance and mental support, that will help them, perceive reality in its most clear form. (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.)

Nikhil Singh and Vineet Tripathi, 4th Year, Amity University Uttar Pradesh Lucknow Campus The role of Justice in India and the scope of legal interpretation have grown exponentially in recent times, in part due to the rapid growth of legal interventions at the present period. Justice plays a vital role in protecting the basic rights of citizens and non-citizens alike. The protection of equality before the law and for equal protection of the laws are recognized as the two most important pillars of human rights in the universe; this is where the freedom to guarantee human rights is realized. India's constitution lays the foundation for its foreign policy and international obligations are respected. These principles are set out in particular in Article 51 occurs in part IV of the Constitution of India. Austin described the law as a political mandate his sovereignty and sovereignty were inseparable and complete, only a legislature could legislate. The function of the court was simply to proclaim the existing law or to interpret the law but on the other hand, the United States truth organization is the latest branch of Sociological Jurisprudence focused on the decisions of the courts of law. Humble law is what the court says. To them, the judges are law-abiding citizens. Every common law is the creation of English courts but based on the myth that a judge simply found the law. Despite such a casual view of their role, the judges of England not only made law but also modify them to suit the completely new conditions created by the industrial change in the modern era Judicial Activism emerged as a tool to protect the Rights of the Child including protection from sexual exploitation, child trafficking, child abuse, etc. CHILD LABOUR AND THE RIGHT TO EDUCATION “Education is a human right with immense power to transform. On its foundation rest the cornerstones of freedom, democracy, and sustainable human development.”[1] Education is a vital part of economic and social development. It is important in building people skills and opening opportunities. Education plays a vital role in shaping social and professional growth. The termination of child labour must precede the introduction of compulsory education because compulsory education and labour laws for children are intertwined. Article 24 of the Constitution prohibits the employment of a child under the age of 14. Article 45 adds to Article 24 because if a child cannot be employed under the age of 14 it should be kept in something else educational institution. In M.C. Mehta v. Status of Tamil Nadu[2] The Supreme Court instructed that children should not be employed in hazardous work in factories to make matchboxes and explosives, and that good child welfare measures should be taken such as and to improve their quality of life. Unni Krishnan, J.P. & Ors. v State of Andhra Pradesh[3] Justice Mohan noted that “in educational institutions which are sowing seeds a culture, in which children are wrapped up in the future of their own hands, trained. From them, positions will arise as government officials and soldiers, religious zealots, and philosophers, will determine global progress.” LABOUR AND CHILD WELFARE AND LOCUS STANDI The release of the concept of locus standi, making court access easier, is an example of the changing nature of the Indian courts. It often seems that working children are and large ones come from families, below the poverty line, and there are no ways to do that open their complaint that their basic rights are being violated without punishment. Last, in view of the deplorable conditions of child labour, the high court has shown its sensitivity targeting poor people by loosening the concept of locus standi. In Peoples Union for Democratic Rights v. Union of India[4]. The Supreme Court held that although the Labour Law, 1938 did not include construction work in projects because the construction industry did not exist in the process outlined in the Law Schedule, however, such construction was a risky undertaking and under Art. 24 children under the age of 14 could not be employed in hazardous work. The right of a child who fights exploitation under Article 24 was compulsory or non-compliant law and for the continued benefit of the community. They do not believe in the existing social and economic system. High watermark on the operation of Article 24 of the Constitution was upheld by the Salal Court Hydro Project v. State Jammu and Kashmir[5] where the Court reiterated the above stand. The court it is maintained that child labour is an economic problem. Poor parents want to argue with their little ones' income from the employment of their children. Therefore, a complete ban on child labour of any kind may not be socially possible in the existing socio-economic environment. Article 24 therefore, only imposes an applicable limit on the use of children. The Court also noted that as long as there was poverty in this country, it will be difficult to end child labour. YOUTH JUSTICE The Youth Justice Act (Care and Protection), 2015 is enacted as a human rights law again we are now working across the State in the same way, repealing all the Children's Laws passed by the provinces each. This law applies to two types of children. “A child who opposes the law” as defined under Section 2 (1) and a child in need of care and protection as defined below Section 2 (d). A child or a child as defined under Section 2 (k) by an intruder received 18 years. The prison system will include the management of prisoners. Sheela Barse v. Union of India[6] Ms. Sheela Barse, a dedicated social worker took the case of helpless children under the age of 16 illegally detained in prisons. You requested the release of such young children from prisons, the production of information on the availability of children's courts, in homes and schools, and a directive that district judges should visit prisons or dungeons inside their ability to ensure that children are properly cared for while in custody. The Court noted that children in prison have the right to special treatment. Children are national assets too; they should be treated with special care. The Court called for the establishment of chiefs and young men's, children's homes in prisons. In Sheela Barse v Secretary Children Aid Society[7] The Supreme Court came forward to protect the rights of children in foster homes. CHILD SEXUAL EXPLOITATION Human rights are based on human dignity and worth. Human rights and fundamental freedoms have been restored by the Universal Declaration of Human Rights. Human rights for women, including the age of girls, therefore, are undeniable, inclusive, and an inseparable part of human rights in general. All forms of gender discrimination violation of fundamental freedoms and human rights. Therefore, it will be worth taking all measures to prevent prostitution. The eradication of prostitution by any means is an important factor in social interaction and the glory of women. The right of the child to grow up depends on the removal of prostitution. Success lies in the practical steps to root out the root and branch of fornication. In Bachpan Bachao Andolan v Union of India[8] filed an application filed by HRLN, Supreme Court ordered the implementation of the recommendations made during this hearing case, which will introduce significant changes to the current government for child protection. A complaint was introduced in 2006 on the issue of child abuse and exploitation in the circus industry. The court ordered the federal government to issue a notice prohibiting the hiring of people children in the circus, committing crimes to rescue children who are already working in the circus, and framework the appropriate scheme for their restoration. During the hearing in this case, several recommendations set by the applicant and the respondent, which are intended to change the existing legal and procedural requirements to protect children. This latest order is just one of several possible orders issued by the Honourable High Court in due course as the Honourable Court has specified the aim is to address the issue of child abuse in a long and systematic manner. Confirming a strong response to child abuse, the Supreme Court noted: “We plan to tackle the problem of systematic child abuse”. In Vishal Jeet v. Union of India[9], High Court in this case is facing some complex questions in relation to child sexual abuse. It is sad and heartbreaking to realize that most of the poverty affects children and girls at early age adolescence is taken to the ‘meat market’ and forced into the existing “meat trade” it is committed to the total violation of all moral, moral and human dignity. In Gaurav Jain v. Union of India[10], The Supreme Court ruled that the children of prostitutes have the right to equal opportunity, dignity, care, protection, and renewal which is a big part of social life without prejudice. The Court ordered that the constitution of the committee makes a plan to rehabilitate such children and child prostitutes and their implementation and submission of periodic reports Registry. Sakshi v Union of India[11] in the matter of claiming Public Interest, the Supreme court has asked the Legal Commission to look into certain sexual matters child abuse referred by the complainant and the possibility of amendments 375 and 376 IPC. References [1] Kofi Annan [2] AIR 1997 SC 699, (1996) 6 SCC [3] 1993 AIR 217, 1993 SCR (1) 594, 1993 SCC (1) 645, JT 1993 (1) 474. 1993 SCALE (1) 290 [4] AIR 1982 SC 1473 [5] 1984 (1) Scale 680, 1984 (3) SCC [6] JT 1986 136 1986 SCALE (2) 230 [7]AIR 1987 SC 656: 1986(2) Scale 1234: (1987) 3 SCC 50: (1987) 1 SCR 870 [8] [2011] 5 SCC 1 [9] (1990) 3 SCC 318 [10] (1997) 8 SCC 114; AIR 1997 SC 3021 [11] (2004) 5 SCC 546, AIR 2000 SC 3479 (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Tanisha Prashant, 4th Year, Institute of Law, Nirma University We are guilty of many errors and faults; But our worst crime is abandoning the children, Neglecting the foundation of life, many of the things we need can wait, The child cannot wait; 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’. - Gabriel Mistral BACKGROUND In the year 2019, 7.2% of crimes were committed by children in conflict with the law. A child who is alleged or found to have committed an offence and has not completed the age of 18 years on the date of commission of such offence is called a child in conflict with the law. [1]The crimes committed by him can be petty, serious, or heinous i.e. can range from pickpocketing to crimes like rape and murder. Every child who comes in conflict with the law is a child who has been in some way failed by society and deprived of a safe and healthy childhood. A child is a doli incapax [2]and cannot be solely held responsible for his/her actions. Many situational and contextual factors like unstable families, traumatizing experiences in early childhood, exposure to criminality, harsh discipline, and constant mental and physical abuse have been found to be reasons for delinquency.[3] It has rightly been said that “a juvenile delinquent is nothing more than a poor child caught in the struggle for survival”. Therefore, children owing to their vulnerabilities cannot be treated equally with an adult under a criminal justice system. Justice under a child rights framework advocates against the justice system designed for adults. As per articles 37 and 40 of the Convention on Child Rights, the juvenile justice system needs to aim for the rehabilitation and reformation of a child. It should promote their sense of dignity and aim at reintegration into society in the best possible way. The legal response to rehabilitation and reformation of children in conflict with the law in India has been Institutionalization. Under the Juvenile Justice Act, 2015, the Juvenile Justice board can deal with the child in 6 ways, may :( 1) Allow the child to go home after advice or admonition. (2)Direct the child to participate in group counseling and similar activities. (3) Order the child to perform community service. (4)Order the child, or parents of the child, to pay a fine. (5)Release the child on probation of good conduct. (6) Direct the child to a special home for a period not exceeding three years. It is this last option available at the disposal of the juvenile board that is most used by the board to deal with children in conflict with the law and has posed most problems in the realization of child rights and especially the rehabilitation of children in conflict with the law. Institutional care under the Juvenile Justice Act, 2015 takes place in institutions like - (1) Observation Homes which are temporary reception facilities for juveniles during the pendency of their inquiry.[4] (2)Juvenile Homes or Special Homes are places where Neglected and delinquent juveniles are sent here for education, vocational training, and rehabilitation.[5] (3) After-care organizations are created for the purpose of helping the child reintegrate better into society after leaving Juvenile homes.[6] The goal of these institutions has been enshrined in the Beijing rules 1985, which states that- “The goal of institutionalization should be on assisting young people in becoming productive members of the society”. Moreover, it establishes as a basic rule that in every aspect of the juvenile justice system the best interests of the child should be ensured. All the dealing should be child friendly and he/she must be given adequate opportunity to express his/her views freely to the best possible extent. However, as per the guiding principles under the Child Rights Convention, also considered the Magna Carta on the rights of the child, institutional treatment of children has to be done as the last resort while dealing with the child. Yet the children in India seem to have faced the most institutional treatment. JUVENILE HOMES IN INDIA – A PITIFUL STATE OF AFFAIRS Contrary to all the international principles present, the status of juveniles in these facilities is deplorable. In India, about 1.7 million children alleged to be in conflict with law languish in more than 815 Juvenile correction homes which have turned into second-class prisons. A child goes inside these places because of his/her innocence and vulnerabilities but comes out losing his childhood forever. In 2013 the Asian center for human rights made a report titled India hell holes: child sexual assault in juvenile justice highlighting the dismal state of affairs of these facilities. What was the condition during the making of the report that has been worsened in the past years owing to increased crime rates? Inmates are subject to sexual assault, exploitation, torture, ill-treatment, and inhumane conditions of living. New children are subject to physical and sexual abuse by older youth living in the observation homes. Children are neither regularly monitored by experts nor are provided regular skill development sessions. The whole object of sending the children to these places is to provide psychological support to them so that they are able to develop their skills and deviate away from crime. However, the conditions in these homes make them more notorious and rigid, thereby subverting the whole purpose of the provision. The purpose for the creation of these “homes” was to aid the children and keep them away from the rigors of criminal law, yet from the police to the caretakers in these homes, everyone terms them as murderer, rapist, thief and abuse them on their acts rather than focusing on their care. Moreover, issues like lack of trained staff, low budgets, corruption, and little assistance from the government have plagued these institutions even more. Children tend to form groups and gangs which they continue even outside these places which never let them escape the shackles of law and crime. Even when they are released the society offers little rather no support to them. The families of these children are roughed up by the police regularly which worsens the societal baggage for the children. What is wrong with these facilities is that they ‘abuse the already abused’ children. They have failed to internalize the fact that every child in conflict with the law is first a “child in need of care and protection”. The whole object is to give the child a second chance in rebuilding his life. Moreover, the statute from which these institutions derive authority i.e. the Juvenile Justice act is meant for “care and protection” of the child and not punishment. These institutions in their neglect tend to bypass the legislation and defeat its purposes. Juvenile confinement is a very important part of the juvenile justice system and yet has often been overlooked. Juveniles have come to become the least priority in policymaking. Confinement for children in conflict with law works on the principle of care and response to their delinquent behavior. The aim here is reformation and not punishment. Confinement should be restricted to only those children who have done serious or heinous crimes and may pose a threat to other children in society or to society as a whole. In these facilities, the basic needs of the child need to be catered through proper and special care to each child. The functions and the environment of these homes should help the child to reintegrate himself into society and look towards a bright future. Positive disciplining should be carried out through life and vocational skill training programs which should bring positive stimulation and development in them. Regular counseling sessions with individualized care plans have to be made and revised regularly. CONCLUSION Children are vulnerable and open to all kinds of exploitation. It is the duty of society and the state to protect these young minds. Society has to respect the children, it has the duty to protect them from exploitation and provide them a free and healthy world. The state, on the other hand, has to treat the children as right bearers and take them as stakeholders in policymaking. It has to open up all the avenues for the children that will help them attain the best environment by providing them with healthier institutions and services. Internalization supersedes institutionalization; the stakeholders responsible for administering juvenile justice have to be sensitized about the problems and needs of the child rather than merely giving them handouts for the same. They need to be trained to deal with each child separately on a case-to-case basis and help them reform and reintegrate into society. [1] Section 2(13), Juvenile justice (Care and protection of children) act 2015. [2] Heeralal vs state of Bihar AIR 1977 SC 2236. [3] Asha Bajpai, Child Rights in India, Oxford University press,(2017) [4] Section 11, Juvenile justice (Care and protection of children) act 2015. [5] Section 9 and section 10, Juvenile justice (Care and protection of children) act 2015. [6] Section 12, Juvenile justice (Care and protection of children) act 2015. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Abhishek Burman, 2nd Year, Maharashtra National Law University, Nagpur and Shriya Tiwari, 2nd Year, Hidayatullah National Law University, Raipur INTRODUCTION Child marriage is a marriage between two young individuals (children) who are below the age of majority and neither of them is physically nor mentally prepared to shoulder the responsibility of marital bond and child procreation. Therefore, marriage at such an age results in an increase in infant mortality rates, the death of young mothers, and malnutrition. The individuals who aren’t even capable of taking care of themselves on their own, consequently, are burdened with family responsibilities that lead to huge mental, economic and physical stress that their mind and body are apparently not developed enough to handle at this age. Some authorised legal definitions as to who a child is: The Indian law defines the term child in Section 3(1) of the Indian Majority Act of 1875 as every individual who has the domicile of India and shall attain the status majority only when he has completed 18 years of his age and not before that. According to child psychologists, a child is termed as the one whose attributes and actions consist of those lying midway through infancy and childhood. The upbringing and the surrounding they are exposed to at such a tender age, therefore, matters a lot when it comes to building a valuable individual for the progress of its family, its society, and most importantly, its nation. HISTORICAL BACKGROUND OF CHILD MARRIAGE There have been innumerable cases related to child marriages in India. The major reasons primarily the societal setup, that leads to the prominence of the practice are: Since, in the earlier times, there was no proper family planning so this resulted in a huge number of children in a family, which therefore intensified the pressure of the parents to educate and marry them. Besides this, poverty and other factors like poor education, family insecurity, and gender inequalities already enhanced the seriousness of the problem. Most importantly, poor implementation of the law has been the major factor in the continuance of this malpractice in our country. Most of them didn’t come into the limelight due to the voices being suppressed by the consistent external pressure. So, the woman whose opinion was least considered was the one majorly affected by the ongoing menace in the society. Moreover, some of them got the upper hand as they were fortunate enough to be approached by the socialists, active in contemporary times. The first such incident that gained legal recognition is the leading case of Dadaji Bhikaji v. Rukhmabai, where the Bombay High Court bench gave its verdict observing that it was quite a barbarous and cruel behaviour done to a young girl who was compelled to cohabit and consummate the marriage with her husband whom she had tied a knot at the age of 11, where she was undoubtedly incapable of giving consent. The case sparked an unprecedented debate regarding child marriage, and Rukhmabai became a leading voice speaking about the rights of children and them getting married away at a young age. In another case of Queen-Empress v. Huree, Mohan Mythee, tracing back to the year 1891, saw the demise of a young girl, aged 11, who succumbed to haemorrhages suffered due to forceful vaginal sexual intercourse by her husband. The 35 years old man was saved from the charges of rape, yet this particular case galvanised a popular demand for ‘consent before marriage’ and also consent for having sexual intercourse. LEGISLATIONS REGARDING THE ISSUE IN INDIA ● The Child Marriage Restraint Act, 1929: The CMRA adopted a more disciplinary and preventive measure with respect to the marriage of minor children rather than going with less effective prohibitive provisions. Initially, it imposed a fine of Rs. 1000 on anyone marrying a girl and a boy at the age less than 14 and 18 years of age, respectively, with a corresponding liability of the girl’s parents in the course of the Act. Later in the year 1949, the Act was amended to increase the age to 15 for girls (boys remained 18). With a final amendment in 1978, the age was increased to 18 and 21 for girls and boys, respectively. ● The Hindu Marriage Act, 1955: The HMA, in conformity to the 1978 amendment made in CMRA, contains a provision that talks about 18 and 21 years of marriage for girls and boys, respectively. Besides this, it also contains a provision for punishment of one involved in a child marriage that consists of rigorous punishment in the form of imprisonment that may extend up to two years or imposition of fine (which may amount to 1 lakh rupees) or both. ● The Prohibition of Child Marriage Act, 2006: This Act provides prohibition of solemnisation of child marriages by appointing officials by state governments to prevent minor child marriage. This Act raised hopes but failed when it came to declaring such marriages void that was already solemnised and they remained valid, subjected to the confirmation of both the children. At the international level, the United Nations made the declaration to spread awareness globally by the year 2030 and to protect the vulnerable age group of the human society. UNFPA’s Executive Director, Dr. Babatunde Osotimehin, once said that we should work hand in hand along with all other nations to deal with this menace and take adequate steps to protect adolescent girls, especially. To make them progress in their lives and contribute to the economic and social development of the nation. According to the report of the UNFPA, nine out of ten adolescent girls face improper conception at a particular time. This has repercussions like abortion, malnutrition, and other major complications caused to the young mother. UNFPA, in collaboration with the national governments and civil societies, works at the grass-roots levels to ensure the protection of human rights of the children, curtailing incidents like premature death of a child, curbing the chances of contracting sexually transmitted diseases. Some programs include Action for Adolescent Girls programme and the UNFPA-UNICEF Global Programme to Accelerate Action to End Child Marriage, to let the children realise their potential and their human rights and come out with flying colours in whatever they opt for. CHILD MARRIAGE AND HEALTH ISSUES Child marriages adversely affect the growth of a girl child. It affects her physical development as well as mental growth for the rest of her life. Child brides often live in an extended family, which is a prominent source of violence and psychological disorders; as young girls, they are denied an appropriate childhood and basic nutrition which is required for a female body. Furthermore, the reproductive health of a girl child is also jeopardized as they are forced to have sexual intercourse with the man elder to them. The female spouse often lacks the status and the knowledge of safe sex and contraceptive practice, increasing the risk of acquiring HIV or other sexually transmitted diseases and the possibility of early age pregnancy. Girls under the age of 15 die more often at the time of pregnancy as compared to a bride who is in her early ’20s. Moreover, they face several pregnancy-related issues such as “Obstetric fistula”. “According to the International Women’s Health Coalition,” Children of child brides are 60% more like to die in the first year of life than those born to mothers older than 19. CONCLUSION A recent UNICEF report stated that India has the second-highest number of child marriages in the world, with 43% of Indian women having been married before the age of 18. Another recent study by The International Research Centre for Research on Women reported that young women who married before the age of 18 were twice as likely to report being beaten, slapped, or threatened by their husbands as girls who married later. They were also three times as likely to report being forced into sexual intercourse without their consent in the previous six months. According to the report of The International Center for Research Women (ICRW), there are ways to prevent child marriage. Firstly, the need for better laws and better policies is so essential that many countries where the rate of child marriage is high, passed many legislations and implementation of such laws and policies is also very important there are various legislations in India too but still the child marriage is happening in one way or another. Secondly, implementation of such policies which provide economic support and incentive to a girl child and her family. It was evident that poor families often prefer child marriages as they are financially weak so as to gain the bride price. The most important thing to prevent child marriages is the implementation of laws which really help a girl child. In so many remote areas child marriages are still common. The COVID-19 almost damaged all the sectors, ministries around the world still child marriages are at their peak. According to the Global Girlhood 2020 says that “At least half a million girls are now at risk of being victims of forced child marriages by the end of this year. Furthermore, according to the Save, the Children report up to 2.5 million girls may be married early due to pandemic”. Thus, child marriage is the end of childhood and adults must look for ways to end the evil. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Shivendra Nath Mishra, 1st Year, Chanakya National Law University, Patna INTRODUCTION The protection of children in armed conflicts is an important concern of international and human rights policy. Children and young people under the age of 18 require special protection and may not be used in armed conflicts under any circumstances. The international community endeavours to continuously strengthen the international system for protecting children in armed conflicts. The Indian government is particularly involved in this field and has ratified some international agreements. Recently an incident took place in the US, a former student at school opened fire and killed 17 other students. It is just catastrophic. According to a report published by Peace Research Institute Oslo (PRIO), In 2019 almost 2/3rd of the world's children were living in a conflict-ridden nation. Approx 426 Million Children were living less than 50km from where the actual fighting took place. THE INTERNATIONAL HUMANITARIAN LAW AGREEMENTS International humanitarian law is a special law for situations of armed conflict that aims to reduce human suffering during the war. According to the Fourth Geneva Convention of 1949 and the First and Second Additional Protocols of 1977, it protects children under 15 years of age as civilians in international and non-international armed conflicts. It prohibits recruitment and participation in combat operations. If they take part in combat operations, they enjoy special protection as children. THE UN CONVENTION ON THE RIGHTS OF THE CHILD AND ITS OPTIONAL PROTOCOLS The UN Convention on the Rights of the Child and its additional protocols is the central reference work that defines the protection, funding, and participation rights of children and young people up to the age of 18. With ratification, 193 states committed themselves to protect children in armed conflicts and to ensure that people under the age of 15 are neither recruited for the armed forces nor directly take part in combat operations. In 2000, the UN Convention on the Rights of the Child was supplemented by a first additional protocol on the participation of children in armed conflicts (A / RES / 54/263). It prohibits the immediate war effort and the forced recruitment of children and young people under the age of 18. The contracting states must make a binding declaration under international law stating the age for the voluntary recruitment of their armed forces. According to the additional protocol, this must be higher than the 15 years specified in the UN Convention on the Rights of the Child. 155 states had ratified the additional protocol by April 2014. The anniversary of the entry into force (February 12, 2002) of the Additional Protocol is celebrated internationally as “Red Hand Day” to protest against the use of child soldiers. The most recent additional protocol regulates an individual complaint procedure, which enables individual cases to be examined before the UN Committee on the Rights of the Child. The federal government is one of the first states to sign the Additional Protocol, which came into force in April 2014 shortly after Costa Rica deposited the tenth instrument of ratification. The UN Committee on the Rights of the Child reviews the state reports on implementing the Convention and its protocols at regular intervals and makes specific recommendations for the respective state in the so-called “Concluding Remarks”. Besides, a United Nations Secretary-General’s Special Representative on Children in Armed Conflict advocates better protection for children in armed conflict around the world. In this capacity, for example, Graca Machel published the study "The Impact of Armed Conflict on Children" in 1996, an important and still highly regarded basic work, which was also included in the UNICEF study "Machel Study 10-Year Strategic Review: Children and Conflict in a changing World" were taken up. THE ILO CONVENTION ON THE PROHIBITION AND IMMEDIATE ACTION TO ELIMINATE THE WORST FORMS OF CHILD LABOUR Convention 182 of the International Labor Organization (ILO) of 1999 prohibits the use of children under the age of 18 in any work that endangers their health, safety, and moral development. This prohibition also explicitly applies to the "forced and compulsory recruitment of children for use in armed conflicts". THE RESOLUTIONS OF THE UNITED NATIONS SECURITY COUNCIL(UNSC) Between 1999 and 2014 the UN Security Council passed ten resolutions on children and armed conflict. Resolution 1379 (2001), for example, obliges the Secretary-General of the United Nations to publicly name the states and armed groups that recruit and use child soldiers in an annual report. With Resolution 1612 (2005), a monitoring and reporting system was introduced by crimes against children. It is used to publish country reports on the situation of children in armed conflict and to collect information on the six serious crimes against children: killing and mutilation; Recruitment and deployment of child soldiers; Rape and use of sexual violence; Kidnappings; Attacks on schools and/or hospitals; Preventing access to humanitarian aid. Governments and armed groups that violate the first three offences are named and put on a list (List of Shame) in the UN Secretary-General’s annual report on the situation of children in armed conflict. It discredits the listed parties and can also impose sanctions on them. It also calls for Resolution 1612 that Conflicting parties draw up action plans to end the recruitment and use of child soldiers. The basis is usually so-called disarmament, demobilization and reintegration measures. Current examples are agreements with conflicting parties in DR Congo, South Sudan, Somalia, and Myanmar. The UN Security Council working group set up for this purpose examines progress in the development and implementation of action plans and implementing international agreements. With Resolution 1882 (2009) and Resolution 1998 (2011) the monitoring and reporting system was further supplemented and the crimes against children that were still going on were condemned. In particular, resolution 1998 (2011) outlaws attacks on schools and hospitals. The resolution obliges states in conflict to guarantee the right of children to education and health services. In September 2012, resolution 2068 was adopted on a German initiative, which urges the Security Council to find new measures to deal with conflicting parties who repeatedly violate children's rights. With its most recent resolution (2143) of March 2014, the Security Council repeatedly condemns the ongoing recruitment of children and their use in armed conflicts. THE PARIS PRINCIPLES In February 2007 a conference organized by France and UNICEF entitled “Free the Children from War”. At this conference, the so-called Paris Principles were adopted (”Principles and guidelines on children associated with armed forces or armed groups”). By signing, the taking part states have committed themselves to disarm children and young people under the age of 18 belonging to the armed forces of a state or armed groups and returning them to civilian life. The Offenders who recruited and deployed children should be punished. UNICEF'S DEMANDS A World Summit for Children was held in New York in 2002 on the initiative of UNICEF. The last document, “A world suitable for children”, contains an agenda with goals and action steps to better protect children in armed conflicts. UNICEF is an international organization that primarily campaigns for the rights of children. The recommendations of the child protection organization are therefore of particular importance to the Indian Government. UNICEF calls on all states and armed groups to ratify the Additional Protocol to the UN Convention on the Rights of the Child and to ban young people under the age of 18 from using weapons. Further demands relate to the demobilization of child soldiers and the destruction of their weapons and the difficulty of spreading small arms through binding international agreements. Implementing sanctions against persons who have violated human and children’s rights and the responsibility of perpetrators before the International Criminal Court also deserves great attention. THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT The Rome Statute is an international treaty by which the International Criminal Court was created in The Hague. The statute was signed by 120 states in 1998 and entered into force in 2002. According to Article 6, the forcible transfer of children from one group to another group to destroy a national, ethnic, racial or religious group is an offence of genocide. Article 7 declares trafficking in children for sexual exploitation a crime against humanity. Besides, targeted attacks on schools and hospitals and the recruitment and use of children under the age of 15 are considered war crimes under Article 8. It is the task of the International Criminal Court to hold perpetrators individually criminally accountable based on this legislation. CONCLUSION Although there are many conventions and laws planned by international bodies and ratified by various nations, children are getting exploited in war and also being used by Naxalite, terrorist groups for their benefit. There is a need to strictly implement these protocols and provisions, and government bodies can only do it with the help of NGOs and noble persons of society. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Shikha Sharma, 2nd Year, Chanakya National Law University, Patna Yatra nari pujyante tatra devta ramate (That is where the woman is worshiped, where the deity resides.) .This proverb is very prevalent in our Indian culture. But speaking of the present, it is only about the Vedas. If we talk about history, then women have to give proof of their ability and purity all the time. This article is not just about one single girl but about all the girls who keep struggling in their lives and this struggle starts from their birth and goes till their death. They have to suffer social, mental, physical, and intellectual stress all the time. It has been 74 years since India became independent, but when will the women and girls of our country come. What a wonderful thing that we call India as our mother and daughter-in-law of same independent India is not independent in her life. The main idea of ​​my article shows the state of mind of a girl while dowry is demanded from his father. Nowadays, taking dowry is becoming a culture in our society. I am not talking of the time when in-laws are tortured by in-laws or they are pressured by family members before marriage. Nor is my aim here to show any richness and poverty. Here I mean that section of the society that educates their daughters gives them the freedom to live life and teaches them to always move in the right direction in their life. But even then, a father has to face a lot of odd circumstances for his daughter's marriage, this problem is very wide in our society, it happens very often that girls refuse to marry due to dowry but for this, his father is seen in a very insulting and abusive view in the society. Thousands of girls could not raise their voices against this insult. This article shows the thinking and situation of a girl when her father has to bow down to people due to dowry, her father has to bow down and be embarrassed even after she is educated and capable because he has a daughter. The father whose head she wants to lift proudly wants to brighten his name. The father who never taught her to bow down in front of anyone or to accept the wrong things of anyone, now the same father is bowing his head in front of people only for the happiness of his daughter. This class is fulfilling every reasonable and unreasonable demand of the party, hence the father of a daughter. Is it such a big sin to have a daughter? Yet the father who was proud of his daughter, who never bowed in front of anyone but now is the father of the only daughter, has to put his self-respect and self-confidence at stake. Is this the definition of a well-mannered society? Till when the father who never taught his daughter to bend now the daughter is seeing her father helpless and incapable on the front of a cruel society. What would be passing on that daughter, because her father is traveling so much, and still she cannot overcome this problem because if she does anything like this then her father will have to be burnt in the society. How ironic is it that a daughter's father has to be burnt in society? Is this eternal truth? And if it is then? Who wrote it and why? Why? Why in our society only a daughter and her parents have to travel? Even if a girl is capable, she is seen with suspicion and she is tested and tested. A girl cannot stand her favor in society. After all, how long girls will continue to compromise their situation when they will get freedom from the bondage of these mindsets. In our society daughters are called father turban, father's daughters are in the hands of thousands of prisoners, they cannot prove their favor even after being able to prove themselves unworthy. The government made so many provisions, amendments, rule, and regulations for the protection of girls such as: Beti Bachao Beti Padhao is a central government plan for girls' plans that is applied throughout the country. Sukanya Samriddhi Yojana is a special government-backed savings plan that features a girl. The Balika Samriddhi Yojana is a scholarship scheme designed to provide financial support to girls. Section 233 'allows women to kill rapists. The Protection of Women Against Domestic Violence Act of 2005 for the protection of women. Section 304B was added to the 1860 Indian Penal Code ("IPC"), which made death by dowry a specific offense punishable by a minimum prison sentence of 7 years and a maximum prison sentence for life. Additionally, section 498A of the IPC was specifically included in 1983 to protect women from cruelty and harassment. In the past 12 months, 243 million women and girls (ages 15-49) around the world have been victims of sexual or physical violence by an intimate partner. Like such provision and law, so many laws have been made for girls. Can anyone make law from society's perspective? A big question on the behalf of all girls is why law made only for the safety of girls and why is it not for the safety of boys? Why dowry has to be given to a girl's father as well why not to a boy's father? Why is all culture imposed on a girl and why not on a boy? Can anyone give me the answers to such questions? In the famous landmark judgment “The daughter has the same right to ancestral property by birth, even if her father was not alive", justice Arun Kumar Mishra uses a very famous phrase: “the daughter is the only daughter, but the son is the only child until that gets married”. I want to try to bring out some untouchables aspect of society through this article that shows how the girl is helpless. And no one understands his mentality and his conditions. We need not make laws for the safety of girls, for dowry, for domestic violence and anymore but we need to create new thinking, we need to stop following all the paced traditions and need to create the right traditions. In the upliftment of society, the hand of a man is as much as that of a woman. According to the Vedas and Puranas, women are the power in which the whole universe is contained. Then why does society consider a woman or a girl weak. If society and country have to be taken on the path of progress then we have to understand the definition of femininity. Just the right approach to what a girl wants from society. We need freedom not your vision, we need a new vision, not your green vision, we want respect not your favor, we will write our own story, we need a way not only your arguments, but we also want to fly, we need sky, not your enclosure. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Saurav Kumar, 1st Year, Ram Manohar Lohia National Law University, Lucknow and Ishan Ashish, 1st year, National University of Study and Research in Law, Ranchi Prostitution has been an inexorable truth of Indian Society. It finds mention in the centuries-old times of Mahabharata and covertly exists till date round the country. Sex trade in India is practiced everywhere, shall it be the popular areas of Sonagachi in Kolkata or the secluded villages in Mandsaur region of Madhya Pradesh. Often referred to as ‘Redlight areas’, the community of sex workers is most sequestered and neglected part of the society. No one cares to bother about their plight. The market of commercial prostitution sets off at midnight and is ceased by dawn. The chirdren born to these sex workers have no future, they sustain in the worst conditions in terms of access to nutrition, health, education and happiness. Their childhood is lost witnessing those male customers entering into the brothels and at times all that happens inside the entrance. They are subjected to stress and mental trauma. With no recourse and no one to rescue, the girls become prostitutes while the boys become pimps as they grow up. Prostitution can be seen as a full-fledged profession and a way to earn a livelihood just like any other profession. There might be nothing wrong in it. Moreover, Prostitution is legal in India with certain activities considered illegal as mentioned in the Indian Penal Code such as soliciting services of prostitution at public places carrying out prostitution activities in hotels, etc. Immoral Traffic (Prevention) Act, 1956 states that prostitutes are allowed to commence their trade in private but they cannot carry their business in public. Sex trade is not the issue here but the involvement of children in the practice has grave repercussions. GROWING UP IN A BROTHEL AND CHALLENGES FACED BY THOSE CHILDREN Children born in a brothel do not have a normal childhood. A child needs a nurturing and protective environment, an environment where they are allowed to live freely, where they are provided with everything to learn and develop. However, children in bagnios unfortunately do not have these kinds of privileges. The children there, as seen in several cases, do not know their father, as their mothers prefer not to tell them. Therefore, the child grows up in an environment where they could not get the guidance and support from one of their parents. They never get to feel the values, love and compassion that a child in a normal family experiences. The environment in which these children grow is extremely toxic and traumatic and their lives revolve around the brothel itself. A child’s life in a brothel is unimaginable. Children and their mothers live in a giant cement condominium with rooms for sleeping and rooms for sex — sometimes one room serving both purposes. In this place, dozens of women sleep, wake, eat, and conduct soul-scarring business with a steady stream of men as their children look on. The children of prostitutes live the most miserable childhood. These challenges begin while the child is in the womb of its mother. Even during pregnancies, these women work till 4th-5th month of gestation, many even reported to entertain customers in their late pregnancy months. With exposure to sexually transmitted diseases, those children are most vulnerable to get transmitted. There is hardly any access to medical facilities for them. Even if available at a distance, the hospital authorities don’t allow them to access their services for they are involved in the profession of sex trade. Where, those women charge as low as Rs. 200-500 per customer, with several days zero customers visiting them; it can be well imagined the depth of their indigence . Those children of destitute, crave for three-meals a day. Education is a distant dream. Even if, at times, those children find their way to school, atrocities don’t end. According to a report of National Commission for Protection of Child Rights (NCPCR), the children of sex workers are not readily accepted by their fellow mates at school, they are abused, bullied and discriminated for the place they come from. All this keeps them depressed and isolated from mainstream society. As a consequence they grow up adapting bad habits such as drug abuse, theft and robbery with easy exposure to felons and bad men who visit their locality. Their childhood remains shattered and with no option left the girls grow up becoming sex workers and victims of human trafficking while the boys become pimps, thieves, drug traders, etc. CONSTITUTIONAL PROVISIONS AND LAWS GOVERNING RIGHTS OF CHILDREN OF PROSTITUTES Children born in brothels face discrimination because of where they are born and what business their mothers are involved in. Every child irrespective of the fact that they are born in a brothel have certain basic rights. Right to develop is one such right which includes education as a key element. Another right is right to survive which includes identification and access to food and nutrition. Right to health is implicit under article 21 itself that these children are denied of. Right to be protected from the bad and negative elements of the society. These are the basic rights which every child should have. Legislation protecting those working in brothels with their children is Immoral Traffic (Prevention) Act, 1956. This act however did not focus comprehensively on the children of prostitutes. This act was amended in 2018 and the Lok Sabha passed The Immoral Traffic (Prevention) Amendment Bill, 2018 which focused on the issue of child trafficking. The Directive Principles of State Policy under Article 39 (e) and Article 39 (f) aims to promote welfare for children. The former article safe-guard the children, men and women from abuse, the latter aims that children should be provided with opportunities to grow and develop in a healthy atmosphere. JUDICIAL DECISIONS ON THE ISSUE There have been milestone judgements of Supreme Court upholding the rights of the children of sex workers and directing the state to work for their rehabilitation and development. In the case of Gaurav Jain v. Union of India[1], the Supreme Court observed that protecting the rights of such children is an obligation of the state and held that they have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be a part of the social mainstream without any prejudice or pre-stigma. It is often found that women at brothels don’t reveal their father’s identity to their children. The Supreme Court in the case of ABC v. The State (NCT of Delhi)[2]held that single mothers who raise their child alone cannot be compelled to reveal the identity of the father to their children, and the mother shall be considered as the sole parent of the child for all legal purposes. In another case of Sakshi v. Union of India[3], the Supreme Court pressed upon its view to amend sections 375 and 376 of the prevent sexual abuse of children. The judgement provides hope to these children vulnerable to sexual abuse and violence. CONCLUSION AND SUGGESTIONS The life in a brothel is a traumatic experience that no child should suffer through. The children have no future, no dreams and they are constantly under threat of getting influenced by the bad elements of the society. These children face infringement of their basic rights such as the right to grow in a healthy atmosphere. Some NGOs have been trying their best to make these kids' lives better and some have succeeded to some extent. These NGOs have been providing these kids an opportunity to get out of the brothels and enjoy and live to their full capacity in the outside world. However, more things need to be done to make the kids’ lives easier. Steps such as stringing the existing laws need to be done. Also, the system needs to pay attention to the three R’s, raid, rescue and rehabilitation. Law should be made so that these kids are provided with foster homes, this law should include the rules and regulation regarding how these kids can have access to foster homes where they will be provided the correct atmosphere for their upbringing. Several cases have also been reported about the discrimination faced by these children, the system needs to ensure that these kids get the same treatment and care that the other kids are provided with and an atmosphere should be created in the society against the stigma of being born in a brothel. NCRB, in its report suggested that children after the age of 15 may be provided life skills and vocational training and hand-holding till they get a job or capable to earn their livelihood and sustain themselves.It is also imperative to realize that we, as citizens, have a role to play as well. We must work on breaking the social stigma surrounding the occupation and begin to address our attitudes and biases towards this community. Children are the future of our country and we as a society need to make sure that every child is provided with equal opportunity to grow and spread their wings and fly high. References [1]Gaurav Jain v. Union of India, (1997) 8 SCC 114 [2]ABC v. State (NCT of Delhi), (2015) 10 SCC 1 [3]Sakshi v. Union of India, AIR 2004 SC 3566 (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Riya Sarraf, 4th Year, Modi University, Laxmangarh Children are the greatest gift from God, if children are treated with the best human output, society will be more benefited and feel happy with them. If the children are neglected there will be loss in society. All the persons who are below the age of 18 years are considered as children under International law. Children are the future of our nation so it's very important to protect their rights. Here, the Indian judiciary plays an important role in the protection of the rights of children by providing various laws in order to protect their rights. In the modern era judicial activism plays an important tool in the protection of the rights of children including protection from child abuse, trafficking, and sexual exploitation, etc. and the cases which were dealt with by the Indian judiciary for the protection of child rights are as follows. JUVENILE JUSTICE ACT, 2000 This JJAct was enacted to deal with the children who need protection and care and to amend the law relating to children in conflict of law. basically, its purpose is to amend the law relating to children in conflict of law and who need special care and protection. By providing them special care, protection treatment. In this act, the person who is below the age of 18 years is considered a minor. According to this, the child is kept separated from adults and given treatment according to their age and legal status. Basically, the reformation of the child is done. Sheela Bares v. The Secretary Children’s Aid society & ors Here the petition is filled in the public interest and a social worker took this case and the case deals with improper functioning of childcare institutions and petitioned that child to be released from jails and District judges should ensure is taken care with care. Then the supreme court came forward and took this case and said a child in no case should be put in jail but in the reformative centre and central law must be enacted to bring uniformity. CHILD LABOUR AND PROTECTION ACT, 1986 This act aims to eradicate any form of child abuse in any form of employment and it also prohibits the employment of children in any kind of hazardous employment who is below the age of 14 years. There was a case where the supreme court gave judgement regarding children employed in hazardous work which is: M.C Mehta v. State of Tamil Nadu Here the supreme court stated that children should not be employed in Hazardous jobs and in the manufacturing of fireworks or matchboxes as there is a risk to their life and said that positive steps to be taken to see and help to improve the quality of life of children. RIGHT TO EDUCATION Every child has the right to education to have a secured future to improve their life. No child should be deprived of this right the court in various cases has unequivocally declared the right to education as an integral part of the rights of personal liberty embodied in Article 21. The case is: -Goodricke Group ltd v. Centre of West Bengal here the court held that raising the necessary resources for the children would be in the hands of centre and state and union territories. In recent time Article 21-A has been inserted in the India Act,2000which provides that the states shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine. SEXUAL EXPLOITATION OF CHILDREN To protect the children from sexual exploitation POCSO Act, 2012 is made to provide for the protection of children from sexual exploitation, sexual harassment, and any type of sexual offences, and here the special courts were made that conduct the trial in-camera and without revealing the identity of the child. Bachpan Badhao Andolan v. Union of India Here a writ petition was filed and the Supreme Court ordered for implementation of orders and which help to introduce significant reforms in the existing child protection regime. Vishal Jeet v. Union of India In this court issued several directions for the protection of children from sexual exploitation and issued directions for setting up rehabilitation homes for children who found begging in the streets. CONCLUSION The judiciary has given various directions in order to protect the child and suggestions in order to protect the child but still all unfollowed by the government.so there need is to make some strictness. In spite of all these legal frameworks, there are no changes happening in society, justice is always denied to children there are still things happening even though the law is made against them like child labour and child marriages. all this happening because of poverty and our country is following reformative theory which I considered is of no use no one is going to reform like this there needs to more strictness and fear should be there in the minds of people. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Priyamvada Singh, 3rd Year, Galgotias University INTRODUCTION Recent data shows that almost two-thirds of Indians are victims of poverty. This aggregates for a majority of them being poor. The average expenditure of approximately 70% of India’s population amounts to a total of Rs. 150/- only. This translates to around $2 per day. To put this into perspective, the minimum wage in the United States is approximately $8 per hour. This is roughly Rs. 4,000 every sixty minutes! Going by these standards, India is one of the biggest sufferers of poverty in the world. The vulnerable, i.e.- the children, women, and senior citizens- take the worst hit of these statistics. Being the fourth worst-hit country in the world of COVID-2019, the problem’s magnitude has increased manifold. Since India is the largest democracy in the world, and the seventh-largest country too. Thus, the problem of poverty translates itself on large scales too- and is quite evident- even in the biggest cities- including the nation’s capital New Delhi, financial capital- Mumbai, Calcutta, and even Bangalore. A majority of these children live in the poorest of slums, in a life of undignified despair- sans basic amenities like drinking water, electricity, or even garbage disposal. Often many of these lose their lives because of illnesses arising out of these conditions. In a desperate attempt to escape these living conditions, these children are often forced into child labour, child marriage, and even trafficking, by their parents and other relatives. Needless to say, this never works, and in fact worsens the issue of malnutrition, HIV/ AIDS, and even mortality. Since the children are poor- they join the workforce early- so their chances of getting an education get slimmer. India is the fourth worst-hit country in the world in terms of child mortality. Around 11 lakh children below the age of five, die each year in India. India is also the worst hit in child malnutrition. Around 2 Crore malnourished people have been accounted for in India. In this data, 61 lakh are children. The needs of these innocent children are simple: A safe roof over their heads, food, and education. In the 1990s, these problems were perceived to be the need of the hour. Thus, in 1975- the scheme Integrated Child Development Services (ICDS) was launched in India by the parliament. This programme was sponsored by the government and aimed to tackle the issues aforementioned, by providing food, education, and healthcare to women with children under the age of six, as well as their offspring. Temporarily closed in 1978 by Morarji Desai, this scheme was relaunched a few years after its discontinuation. In the relaunch, the ICDS was linked to Aanganwadi centres( Primary healthcare centres) in rural areas. These centres employed frontline healthcare workers. Since these centres provided the same resources available to boys, as to girls- they indirectly worked towards gender inequality too. After a study conducted in 2005 revealed that ICDS was not efficient and did not solve the problems it was brought in for, primarily because of lack of funds. So in 2018, the Narendra Modi government increased its allocation to a whopping Rupees 16,335 Crores. This helped ICDS increase its outreach and efficacy. The ICDS is said to be the world’s largest program for early childhood care. It shows how dedicated we are as a country to our children and their mothers- and their issues of malnutrition, lack of healthcare, and education. The program not only benefits individuals but since it takes into account the comprehensive development of both the child and its lactating mother-. From vaccination of a newborn to its nutrition as well as its nursing mother’s nutrition, primary healthcare, and checkup of irregularities, the child’s informal education(pre-school) benefits communities as a whole. For example, under the supplementary nutrition agenda- 15 grams of protein is provided to each child who is eligible for the program. Additionally, it is taken with 500 kilocalories through other sources. All these services are taken care of by the Ministry of Health and Family welfare. The funding comes from sources like UNICEF and the World Bank. Even the state governments give funds for the scheme’s implementation. CHALLENGES Even though the government has continually been increasing the funding of ICDS over the past thirty years, the efficacy and efficiency of the have not been optimal. Due to bureaucracy, and corruption- a lot of the funding gets lost on the way. This depends from state to state- so in some places the results are comparatively better, whereas in some places it seems nothing more than a train wreck. IMPACT The program of ICDS has been renamed Aanganwadi Services. The primary healthcare centres are named Aanganwadi Centres. These centres have often come to light for being in terrible conditions. In 2016, it was revealed that 85% of the Aanganwadi centres of Odisha lacked basic designated building needs. This clearly hampers the workings of the centres. The Hindu reported that Puducherry Aanganwadis were no longer serving hot food. Additionally, Aanganwadi workers have often reported inhumane working conditions. They even alleged that the primary health problems concerning the children were malaria and TB, however, no medical facilities are available for the tackling of this problem. However, a study in Andhra Pradesh and Karnataka demonstrated significant improvement in the mental and social development of all children irrespective of their gender. It went on to allege that the health habits of children had increased by 63.4%. A 1992 study of the National Institute of Child Development confirmed improvements in birth-weight and infant mortality of Indian children along with improved immunization and nutrition. The program has clearly proven to be beneficial at the grassroots level and has been appreciated on several global platforms, including Quartz. FUNDS ALLOCATED The Integrated Child Development Scheme’s funds have been divided between the centre and the state at a ratio of 60 and 40 respectively. This means that for every 100 Rupees, 6o is provided by the central government, and the rest by the state where the program is being implemented. However, since the states in the northeast lack funds thereof, the funds have been divided to be in the ratio of 90 to 10. These funds are used in the buying of Medicine Kits, Pre-school kits, Rent of the building, Expenses of administration, and furniture. The frequency of buying the above material varies. For example, health kits are bought each year, but furniture is bought every 5 years. Furniture includes a water filter, equipment- et cetera. Additionally, for areas affected by Naxals and disaster-prone Aanganwadi centres, Flexi funds are allowed too. For each population of 800 children, one Aanganwadi centre has to be established. The numbers change for tribal areas, and deserts/ hilly areas. There the normal population may start from 300 for an aanganwadi to be set up. There is also a provision for a mini Aanganwadi centre- where the population need is 150 for establishment. Worse poverty hit states like Bihar, Chattisgarh, and Uttar Pradesh, which have a higher population of children in proportion to the rest of the country have been working towards the setting up of more of these centres. Along with the rural areas, Urban AWCs shall be established in the National Capital Region of Delhi. Recently, funding trends have shown a greater bend over two non-project states too- i.e. Odisha and Uttarakhand. CONCLUSION A famous study by Harvard claims that the damaging effects of early life stress on a child can be lifelong, and the consequences are often major. The Integrated Children Development Scheme is a novel effort to help reduce and prevent such adversities on its future workforce, and keep their social, physical, and psychological being optimal. Although still lacking desired results, the ICDS scheme has worked tremendously well in increasing the overall birth weight and other markers of health and comprehensive development of children and their lactating mothers. Over the past few decades, it has increased the nutritional and health status of children, laid the foundation for the all-round development of a child- including its social, physical, mental welfare. The morbidity rates have significantly decreased, and so have the school dropout rates for adolescent girls who hit puberty. With a greater watch on the channels funding the system, and making sure the funds allocated are used optimally- the results may clearly be better over time. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Nikhilesh Koundiny, 3rd Year, Symbiosis Law School, Pune INTRODUCTION January 19, 2021, can be considered as a dark day in India for the advancement of child rights. Twitter, Facebook, Instagram, and various media networks have been targeting the above case which is said to be an erroneous judgment that may have too many adverse repercussions for children of tomorrow. The judge in the following case charged the accused under the Indian Penal Code and not under the specialized law of Prevention of Children from Sexual Offences Act, 2012 (POCSO) for squeezing the breasts of a 12-year-old child. While the district court charged the accused with both POCSO and Indian Penal Code, the High Court reversed the decision while stating that “skin to skin” contact[1] was absent and hence didn’t qualify as an offence under section 7 of the POCSO Act. The accused was punished under the Indian Penal Code but this blog discusses why such a decision is against the laws made for children and why such a decision sets a wrong precedent. CHILD RIGHTS IN INDIA Children’s rights have always been at the forefront of the Indian legislature and judiciary as they are the future generation. The Constitution also imparts special rights to children under various articles including the fundamental right to special provisions under Article 15(3) of the Constitution. Slowly legislators understood that there needed to be provisions for the protection and fruitful development of children around the country. Legislations supporting this vision were introduced such as the Juvenile Justice Act, 2000/2015 and the POCSO Act, 2012. Having seen that 53 percent of children in India face some form of sexual abuse the act was introduced for lowering this number and acting as astringent legislation for punishing offenders. In fact, the Ministry of Women and Child Development in their guidelines under section 39 of the POCSO Act, 2012 has laid down certain principles when courts take a decision under the said Act: Best interests of the child- the act being envisioned for children must guarantee the right to protection and development for the child. Hence while taking the decision the courts must take into consideration the interests of the child and the effect of the decision of the child. Right to compensation- the guidelines also enumerate that a victim must be awarded compensation for her rehabilitation and relief caused due to the incident. ANALYSIS Keeping the guidelines in mind the blog studies whether the decision was justified by the court or was erroneous to the very principles of POCSO: The accused had sexual intent The case facts clearly indicate that when the daughter narrated the incident to her mother, she stated that on the behest of giving guava the accused brought her home and pressed her breast, and also tried to remove her shorts. The said evidence was accepted under the principle of res gestae by the court. This clearly represents sexual intent and if the mother hadn’t shown up or the daughter hadn’t screamed the incident could have led to rape on part of the accused. Hence if this case becomes precedent, then the offenders will try to subvert the law and violate the sexual sanctity of a child by not removing her clothes and walking away with far less punishment. Definition of Sexual Assault The judge held that section 7 applies when there has been skin-to-skin contact but in the present case the accused had pressed the breasts of the girl child through the salwar and not necessarily removed it. But, section 7 merely states that if a person with sexual intent touches the breasts of a child it would classify as sexual assault. If the rule laid down by the judge is followed, whoever touches a woman inappropriately without removing clothes will not be punished with severe punishment but will merely be held liable under penal laws which carry a bare punishment of 1 year. Moreover, under Vishaka and Ors. v State of Rajasthan[2] the Apex court held that sexual assault/harassment involves direct physical contact or any other unwelcome physical conduct of sexual nature. The High Court has erred in not recognizing the apex court decision as any unwelcome physical conduct would classify as sexual assault. Hence the definition of sexual assault has been looked at at a limited level and has been wrongly interpreted. If the principle of skin-to-skin contact is applicable in the court of law then in the case of Mukesh v State for NCT of Delhi[3] inserting the iron rod inside the victim wouldn’t have been a crime as there wasn’t any skin-to-skin contact. Principle of Parens Patriae The state is supposed to play the role of a parent and hence any decision taken by the state through the legislature, executive, and judiciary must look at furthering the interests of the state and look after citizens like children. Hence this judgment is in direct contravention of the said principle as the state institution should have punished the accused to the fullest extent of a minimum of 5 years. Moreover, in the case of Gorakh Daji Ghadge v State of Maharashtra[4], the court held that crimes relating to women must be dealt with severely. In Imratlal v State of Madhya Pradesh[5], the court held that testimony of the victim must be sufficient to convict the accused. In the present case, the witnesses and the prosecution established the guilt of the accused beyond reasonable doubt and hence as the parent it should have convicted the accused of the fullest punishment law could prescribe. Amending Section 7 of POCSO Though it has been pertinently explained above that the judgment is erroneous to the statute and precedence laid down earlier this situation has clearly portrayed that the problem with the law is that of subjectivity. Thus, for children who are the most important assets of the country, the law must be objective. While the power to enhance punishment may reside with the judiciary, the ingredients must be decided by the legislature. Hence section 7 must be amended as held in the Vishaka case whereby any unwelcome touch including what already exists in the section will qualify as sexual assault. This would prevent such erroneous orders from being introduced in the future. CONCLUSION Law as such must focus to deliver its promises to the stakeholders involved when deciding upon particular legislation. While the criminal procedure code was used in the present case, it has been patiently explained as to how POCSO must have been implemented. While even the Joseph Raz theory of jurisprudence indicates towards application of special laws, this case was fit to put the accused behind bars for 5 years than for 1 year that he has been sent for. But for the sake of children who are the next-gen laws for crimes against children must evolve and must be much harsher than what they are at present whereby any harm done to a child must be met with a minimum of 10 years rigorous imprisonment and in cases of rape life imprisonment or the death penalty as administered in the Nirbhaya case. This will ensure that before touching a child inappropriately a thought will cross the mind of the individual at least a hundred times as to the repercussions of the said act. The National Commission for Protection of Child Rights (NCPCR) has already been the monitoring body of POCSO under section 44 asked for reevaluating the said order. It is clear then that the order is erroneous and must be taken down immediately so that it does not become a precedent. As said by a knowledgeable man, “we owe our children, the most vulnerable citizens in any society a life free from violence and fear”. References [1] Satish Ragde v State of Maharashtra, Criminal Appeal 161 of 2020 [2] Vishaka v State of Rajasthan, (1997) 6 SCC 241 [3] Mukesh v State for NCT of Delhi, (2017) 6 SCC 1 [4] Gorakh Daji Ghadge v State of Maharashtra, 1980 CriLJ 1380 [5] Imratlal v State of Madhya Pradesh, 1996 (0) MPLJ 662 (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

Neha Sharma and Pranoy Goswami, 4th Year, National Law University and Judicial Academy, Assam OVERVIEW Children and family have often been gyrated as the focal point for systemic abuse and torture in concentration camps. The Holocaust was a churning blot in the history of human rights abuses- proliferated by statistics that are horrendous yet important for our study. As a grand design to end a “racial struggle for the Aryans”, or as a measure of preventive security, children (primarily Jewish children) were often murdered in the Nazi concentration camps, held as slaves in the gas chambers or subjected to partisan attacks in the areas surrounding these camps. Nazi Germany and its allies killed roughly 1.5 million Jewish children, 5000-7000 German children bogged by mental ailments who lived in mental institutions, in addition to the killing of thousands of Polish children in their ghettos. A lot of these children were also forced into becoming the subjects for boorish medical experiments. The role of the prison guards and requisite prison officials must have been significant towards maneuvering the sacrifice of child rights at the expense of hyper-national interests. The article seeks to draw a cause-and-effect relationship between the conditions in the Nazi concentration camps and the violation of children’s rights arising therein, along with a juxtaposition of the prison guard’s rights to understand the complexities of the human rights situation in the pre-UDHR (Universal Declaration of Human Rights) era. EVOLUTIONARY CONCEPT OF CHILDREN’S RIGHTS IN THE CAMPS The German authorities, frivolous under the commands of the Fuehrer, made children their soft target for torture, entrenchment, and abuse. Children were frequently picked up, incarcerated, and befriended at certain junctures by the prison guards to brainwash and deprive them for purposes in stock. In this context, it is imperative to understand the functioning of Article 25 (3) of the Rome Statute, while understanding the mental element of the commission of a crime, in this case, a dyad of war crime and crime against the body of a child. The triumph of children’s rights finds itself mired in paradox and the brusque violations by the executive in Germany at that time. Children, on account of their physical and emotional immaturity, were subject to greater levels of manipulation and exploitation in the Holocaust. It must be recognized that children are rarely autonomous actors in the support of acts leading to genocide. Article 3 of the Geneva Convention must be used for dissection of such violations, which is also a curious principle of customary international law. This must be read in consonance with Principle 8 of the UN Declaration on the Rights of the Child. Using the well-etched tests of distinction and proportionality, the patterns of killing, torturing, and maiming large groups of Jewish and non-Jewish children begs an answer to the question as to whether the prison guards and those in charge of maintaining the concentration camps can be held absolutely liable for such crimes. THE HUMAN RIGHTS DIMENSIONS OF PRISON GUARDS IN THE CAMPS To understand the role of the prison guards, let us understand the ancillary of the principle discussed above: “It is believed that since the accessory has the knowledge, his will automatically flows from the act itself, and therefore, the Court will not be burdened to decide upon the added element”. The marrow with such an understanding lies in the fact that it would end up bringing a large number of people under the umbrella of commission of crimes, without them having the direct intent to cause harm or while they were carrying out their legitimate business interests. Reference may now be made to a certain Oscar Groeing, who had been disheveled and outraged by the extermination of Jewish children and wanted to quit his job in the camp. His demands for a comprehensive framework to try Jewish subjects fell on his superior’s deaf ears. During the trial for such cases, the adducing of definite criminal liability on the prison guard for the “apparent” violation of the children’s rights is far-stretched and in contravention to the aforementioned statute. In addition, an exploration of Article 7 of the Rome Statute (which cuts to stone the definition of “crimes against humanity”) clearly highlights the words “knowledge” and “willful”. This gives rise to the limpid problem of “authenticity of source”. Furthermore, prisoners were used as a staff, and quite often as prison guards in the various protection camps, in the form of Kapos. The division of Kapos was three-fold: a. work supervisors, who oversaw the other prisoners at work and reported possible delays; b. block elders, who had to ensure the cleanliness of the barracks, hand out food during the various times in the day, and keep a count of the casualties; and c. camp administrators, who tasked themselves with the kitchen jobs, or to upkeep the storage and occasionally worked as interpreters. The Kapos had some leverage in the fact that they were given extra rations and larger, more hygienic living spaces. To the naked eye, they might seem like perpetrators of human rights, but is that really the case? RECOMMENDATIONS Genocidal mens rea or the indictment of criminal intent as per the terms of the Geneva Convention has been subjected to a miasma of debates over decades. Article 2 of the Convention gained a foothold during the interpretations brought to the fore in the trials conducted by the international courts in former Yugoslavia and Rwanda. It is cumbersome to holistically prove the intent to “commit” acts of genocide when such a large number of victim members in a group, in this case, the children, as well as the victimizers are involved. Respected human rights scholars have vouched for the removal of the intentionality clause from Article 2, owing to the difficulty of identifying the victors of such violations promptly. One must not discount the importance of individuals in the commission of such crimes against children, albeit it is the pre-existing social structures and in particular, the executive in power at that time which forced a large section of the prison guards to be on the offensive. In the modern-day, the very facet of wanting to prosecute someone as aged as 100 years for the acts he had to involuntarily commit to clamp down the rights of the children is strenuous. Prosecution of the prison guards who are still living, merely on the basis of pre-recorded testimonies and through survivor accounts is indirectly a breach of their defense. The human rights of the prison guards were violated in manifold ways every single day, let alone the rights of the deceased children. A balance must be struck by the courts to understand the role force, persuasion and tyranny had to play in the acts of the prison guards in the nefarious camps. CONCLUSION In Garaudy v. France, the European Court of Human Rights declared that the denial of crimes against humanity is one of the most serious forms of racial defamation of Jews and a probable attempt at inciting hatred against them. As an informed citizenry, it is imperative to be unbiased and to stare down the barrel: the ignored section of the prison guards tried and ostracized fait accompli needs an empathetic ear by the courts advocating the monument of human rights. Identifying the vulnerable groups on either side, be it the children of the guards forced into acts of gore during the Holocaust shall go a long way in making the curriculum and trials dealing with the abuses in the camps neutral and staunch in legality. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)