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By- Yashjeet Singh Mehta and Udipti Chopra, 2nd Year students at Delhi Metropolitan Education. INTRODUCTION Cohabitation or live-in relationships, as we all know, is a widely practised pattern of living in the western world. It is an arrangement wherein two adults consent to live together in an emotional or/and sexually intimate relationship for a long term or permanent basis. Even though Live-in Relationships have always been an issue in society as for Indian society, marriage is a very sacred institution, and live-in relations violates the morality of this institution, they are considered legal in the eyes of the law and any violence committed under such relationship is punishable. Domestic Violence against women persists between husband and wife and even between the couples of live-in relationships. Section 2(f) of Domestic Violence Act, 2005, gives a woman the right to file a case against any such abuse in the household, which is unlawful. THE LEGALITY OF LIVE-IN RELATIONSHIPS IN INDIA As marriage in India is considered ‘sacred,’ people choose live-in relationships as it helps to check the compatibility as well as it exempts the family problems. If the relationship is not healthy, couples can break-up. Many cases in India have also been continuously sentenced, stating that it is entirely legal in the eyes of the law. In Khushboo v. Kanniammal, [1]it was stated that live-in relationships come under the Right to life under article 21 of the Indian Constitution, making it legal. But under this statement, there is a point stated in section 2(f) Domestic Violence Act that must be viewed upon, that the ‘relationship must be followed like marriage’ as described in VelusamyV. D. Patchaiammalis [2]that: Couples must represent themselves as comparable to spouses Age of the couples should be the same as the age of marriage by law They must live voluntarily and must represent themselves as akin to spouses for a considerable period. In Indra Sarma V. V.K.V. Sarma [3]in which a woman name Sarma started a live-in relationship with a man who was already married for two years and had two children after months of their live-in relation, she filed the case against him under Domestic Violence Act, 2005 but the court stated that firstly, she started living with a person who was already married and not yet divorced. Secondly, it stated that the relationship didn’t follow the rules, as stated in Velusamy V. D. Patchaiammal. DOMESTIC VIOLENCE/ABUSE It refers to aggressive control and power over the other partner living together, which persists in marriage as well in a live-in relationship, which must be considered as an offence in both the scenarios. These percentages are extreme in India as men consider that they have every right on women in any way they feel is essential even it may lead to an offence. Section 2(f) of the Domestic Violence Act, 2005 states that “Domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship like marriage, adoption or are family members living together as a joint family.”[1] It is still not accepted in the society in India, but it is legal. In Smt. Sabana@ChandBai&Anr. V. Mohd. Talib Ali&Anr, in which a woman in a live-in relationship with the respondent has filed a case due to domestic violence. The court found out that the couple was living together, and there was a live-relationship, and the norms were followed accordingly. The court found the respondent guilty under sec—2 (f) of the Domestic Violence Act. Supreme Court in Badri Prasad v. Director of Consolidation legalised the validity of live-in relationship to 50 years and also in the same case stated that if a person tries to seek out of the relationship on fact that no marriage took place, then it will not be a legal point. “Law leans in favour of legitimacy and frowns upon a bastard.” Women in India need to be protected from domestic abuse. Male-dominance is still prevalent in India even though women are considered equally as men, and even though progress is made in the country, Violence against women and girls is still one of the reasons India has been held back. It creates a negative impact on children, and sometimes domestic violence is not contained between husband and wife, but children also become a part of this abuse. Most of the time, they are brutally beaten up by the father. Men believe that they have exclusive rights over a woman, and he can do anything he wants to do even though the consequences of this could lead to the death of women. Cigarettes burns on the body, red swelling around the face, and sometimes head damage can also be seen. Proper rules and laws are still not been made, and Violence persists. Women can’t even stand up against these people because they never want to go against their husband or their partner. CONCLUSION Live-in Relationships is a very controversial issue, and different people and different communities have different opinions upon the same. In most of the western countries, it is a widely accepted practice. Still, in a country like India, it is not very much accepted in the eyes of society, and they consider it like a mockery of the sacred institution of marriage. However, it is accepted and protected under the law, as we mentioned in the above case laws. These case laws help us understand the legality of a live-in relation and how it protects the rights of the partners in the relationship. Protection of women, especially, is vital under such a relationship as Violence against women is such a widely known issue. If a live-in relationship is lawful, there must be some laws and precedents to protect the rights of women and protect them from violence and cruelty by their partners. References [1] AIR 2010 SC 3196 [2] (2010) 10 SCC 469 [3] AIR 2014 SC 309 (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.)

By- Prachi Choudhary, GSOL GITAM, Visakhapatnam, Andhra Pradesh. The Indian Judiciary has always placed women on a pedestal of high moral and ethical values and has always acted as the guardian of women’s rights. The Judiciary, in its real sense, has been the custodian of the sanctity of womanhood worshipped in India in its pursuit of equality for men and women. Time and again, the Judiciary has paved the way for an inclusive and honorable society in India for women to be. Right from the judgment of Mohammed Ahmed Khan v. Shah Bano Begum[1] in providing women the right to maintenance. The point is that married women have a right to claim from a husband to meet the basic needs of a human. The recent judgment of the Supreme Court in the case of Vineeta Sharma v. Rakesh Sharma[2] deciding that daughter is equal coparceners granting them equal rights to inherit ancestral property has bolstered the Supreme Courts views on a woman’s standing in the society. The Judiciary has always had an unmistakable message as to the way women ought to be treated in India. The judgment has upheld the right provided to a daughter under Sec. 6 of the Hindu Succession Act, 1956, to inherit the property clearing that the 2005 amendment to the Act would not make any difference to the rights of the daughter. Women have the right to be on equal foot holding as men in society. The Supreme Court judgment in February, in the case of The Secretary, Ministry of Defence v. Babita Puniya & Others,[3] has paved the way for greater participation by women in the field of defence. The decision came after a 10-year stall on an appeal against Delhi High Court's decision to have a permanent commission for women in the army. While deciding the case, Justice Chandrachud criticized the government’s move stating that it reflected poorly on women considering them to be of weak resolute and fickle-minded. The judgment laid out that the idea of not granting women permanent commission into the army on the basis of old patriarchal notions firmly adhered to sex stereotypes and disabled women of getting the opportunity of serving the nation in their capacity. The judgment had various far-reaching implications regarding the permanent commission of women into various cadres of the Indian army. In all, he spheres of a woman’s life, the Judiciary, especially the Apex judiciary has upheld the dignity and entitlement of the women. The effect of all these judgments has had a very positive influence on the way society treats women. The society has come about to accept the changes in its perspective to welcome the judgments. Surprisingly, the same stance has not been taken up by the Judiciary when it comes to deciding upon the cases of violence and sexual violence in particular against women. Somewhere, the Judiciary seems to have lost the perspective of a woman in deciding cases of sexual violence which permeate deep biases against woman’s sovereignty in deciding for themselves. In one of the judgments of the Karnataka High Court in June this year, the judge, while granting bail to the rape accused, made certain remarks regarding the possibility of commission of the offence itself. The remarks caused a huge public outcry from lawyers and social activists demanding the deletion of the sentence from the judgment.[4] Be it cruelty, sexual harassment, or rape, the Judiciary has developed well-balanced moral restitution that ultimately corrupts the modern aesthetics of a woman. The traditional moral compass is brought about to measure a woman’s righteousness and chastity on a moral compass. The Madhya Pradesh High Court on 2 August 2020, just a day before the festival of Rakshabandhan, the auspicious festival celebrating the sanctity of brother-sister relationship passed a judgment in which a conditional bail was given to the accused, accused of sexual harassment on the condition that the complainant agrees to tie a rakhi to the accused. It is the very face of gender bias institutionalization, and the stamp of adjudicatory pronouncements that foster such biases against a victim of sexual violence and harassment face extreme abandonment. Because it not just their conduct but the whole chastity of their character, which is questioned by the Judiciary while looking into the inquiry against a crime perpetrated against them. The bias against the victim and survivors of sexual crimes is so strong, permeated, and strengthened by the judicial analysis that the victim would instead not report the crime. The stigma and prejudice against women in the cases of sexual crimes and being promoted in the garb of social justice need to be eradicated. There is a visible difference in the approach of the judicial institutions, from the High Court to the Supreme Court, which can be easily made out by the variation in pronouncements. Maybe it is the difference in the hierarchy of courts or the overall perspective that they carry as an institution, of what they represent, the Supreme Court being the flag bearer, the representation of the country’s conscience, country’s stand, so the judgments come out to be so reformative. But this difference in approach amongst women’s issues defeats the very purpose of all the progressive judgments. This oscillating judicial approach, coupled with the internalized misogyny against women, is what denigrates the auspiciousness of being one. The demand and scale of measuring the ethical behavior of a chaste woman confuse the conscience of a woman in this era. There always exists a gap between the procedural and substantive parts of a law, which might give rise to a few discrepancies while deciding on a given matter. It is the Judiciary, the very backbone of a democracy that binds them and fulfills the holistic goal of a legislative piece. There ought to be a single approach that needs to be taken for Judiciary to be uniform in its decisions. References [1] 1985 (2) SCC 556 [2] [Special Leave Petition (C) Nos. 17661767 of 2020] [3] Civil Appeal Nos. 9367-9369 of 2011 [4] Sri Rakesh B vs. State Of Karnataka, CRIMINAL PETITION NO.2427 OF 2020, Karnataka High Court (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.)

By- Aisiri Raj and Rahul Rajasekar, 3rd Year Students at, School of Law, Christ (Deemed to be University) INTRODUCTION The Naxal movement initially began as a reactionary uprising against the zamindari system, adopted the form of an informal militant organization as it gained momentum in the red corridor. To have a robust-skilled organization and to scale up their ranks, these outfits employ children to function as information gatherers and train them to use lethal and non-lethal weapons. About 4000 children between the ages of 10-15 are recruited to be a part of various children organizations under the Maoists, such as Balasanghatans, Child Liberation Army (CLA) across the states of Jharkhand, Orissa and Madhya Pradesh[1] and are often used as human shields by the members of these organizations during armed confrontations with the police officials. Children who attempt to leave these outfits are threatened against doing so and the fear of Naxalites prevents the parents of such children from filing police complaints.[2] STATUS UNDER THE INTERNATIONAL LAW FOR PROTECTION OF CHILDREN The jurisdiction of International Humanitarian Law extends to both International and Non-International Armed Conflicts under the scope of Common Article 3 of the Geneva Convention[3] that protects the rights of children who are employed as child soldiers. In order to qualify as a Non-International Armed conflict, the following are the standards for a minimum threshold of intensity in confrontations: That the Government is obliged to use military force rather than the ordinary police force. The parties to the conflict use an organized military force The armed groups must have some responsible command and a distinct hierarchy to sustain military actions They must exercise control over any territory within the State Although the Government utilizes armed forces in instances of hostages or explosions, the majority of the response is by the local police forces. Even though the Naxal organizations fight under the same Banner and for the same cause, they do not have a hierarchy, a responsible command and explicit control over territory within the country neither do these outfits have the funding nor the capability to engage in an armed struggle against the State. Hence, the nature of the confrontation between the Indian Government and the Naxalites cannot be categorized as Non-International Armed conflict as they are generally sporadic in nature, which amounts to internal disturbance and tension. Hence, India attracts the provisions under the Convention on Rights of Child and the ILO Convention 182, which obligates the government to protect child soldiers who have fallen prey to the Naxal movement. WHAT IS THE STATUS QUO? The nature of the tasks undertaken by the child soldiers violates Article 23[4] and 24 of the Indian Constitution[5], which prohibits all forms of human trafficking and employment of children in hazardous working conditions, respectively. The directive principles enshrined in the constitution obligates the State to improve the health of children[6] to enjoy freedoms and dignity and protect them against moral and material abandonment. In addition to this, the child soldiers are denied their fundamental right to free and mandatory education provided under article 21 A of the constitution.[7] The Juvenile Justice Act, which was introduced in the year 2000, recognizes the existence of recruitment of children by militant outfits.[8] According to Section 83 of the Act, any recruitment of children by non-State, self-styled militant groups identified by the Central Government is met with rigorous imprisonment up to seven years and a fine of five lakh rupees. The Act also makes provisions for placing such rescued children under the care of special homes after a preliminary inquiry by the child welfare committee. Children between the ages of 16-18, who have committed heinous offences under the Indian Penal Code, are tried before the Juvenile Justice Board as provided in section 15 of the act, which gives sufficient consideration to their psychological state and other factors that led to the commission of such offence. A National Level Commission is set up through the Commission for Protection of Child Rights Act, 2005 which takes cognizance of cases wherein there is a clear violation of child rights.[9] PROBLEM WITH THE EXISTING MEASURES OF GOVERNMENT The surrender and rehabilitation policy, introduced by the Government to reintegrate surrendered Naxal soldiers into the mainstream society for land and cash benefits, is adult-oriented and does not address the unique requirements and needs of child soldiers. There has been no consideration for their mental health and the requirement to be placed in specialized trauma centres. In some instances, even after surrendering to the Government, children are kept in transit camps for several months without any education or job opportunities, while some of them are recruited to be part of the counter-insurgency programs undertaken by the State Government. Although the Supreme Court has issued strict guidelines against the functioning of such anti-Naxal organizations supported by the state governments in 2011[10], these organizations continue to employ children to be a part of local vigilante groups. TOWARDS EFFECTIVE REINTEGRATION The International Labour Organisation follows an inclusive economic model of reintegration of child soldiers which includes provision for vocational and life-skill training as well as the promotion of financial literacy in order to help them achieve independent means of earning their livelihood.[11] The existing schemes and policies aren’t in line with the requirements of Article 39 of the CRC which specifically provides for the appointment of psychiatrists or psychologists to tend to such children.[12] The Disarmament-Demobilization-Reintegration (DDR) principle requires that primary consideration must be given to disarm them and treat them as victims rather than criminals. The Government should provide minimum elementary education to the rescued children, which also involves basic skills such as engaging and improving the quality of interactions in society and provide them with an insight into the various career opportunities that lie ahead of them. Children who are suffering from post-traumatic stress disorder and other mental health issues due to the events they have been involved in must be provided with access to mental health care facilities at all levels. It is imperative to de-stigmatize the notions attached to child soldiers, for which a community-based sensitization is required, especially relating to girl child soldiers who might have been subject to sexual abuse or rape. Reintegration measures must not just be limited to physical development but should ensure overall development of the child. The government must also extend vocational training along with other programs that would empower them in society. They should also provide them with economic and social incentives so that the children do not fall back into a life of violence. The process of reintegration is a long one but to protect the vulnerable position of the child soldiers, it is essential to take all measures to rehabilitate them effectively. References [1] United Nations Security Council, Report on Promotion and protection of the rights of children Agenda Item 65, 2013 [2] Uddipan Mukherjee, Catch Them Young: Patterns of Naxal Recruitment, 2 IPCS, (2014) [3] Geneva Convention, Aug 12, 1949, art. 3. [4] INDIA CONST. art. 23, cl. 1. [5] INDIA CONST. art. 24. [6] INDIA CONST. art.39, cl. e. [7] INDIA CONST. art. 21 A, amended by The Constitution (eighty-sixth Amendment) Act, 2002. [8] The Juvenile Justice (Care and Protection of Children) Act, 2000 (Act 56 of 2000). [9] Commissions for Protection of Child Rights (CPCR) Act, 2005 (Act 4 of 2006). [10] Nandini Suresh v State Of Chhattisgarh, AIR 2011 SC 2839 (India). [11] Mark J.D Jordans, et.al, Reintegration of Child Soldiers in Burundi: A Tracer Study, BMC Public Health, 2012. [12] Convention on the Rights of the Child, Nov 20, 1989, art. 39. (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.)

By- Rashneet Singh,4th Year, B.A., LL.B (Hons.) Student at Lloyd Law College, Greater Noida INTRODUCTION Sitting at the windowpane and looking out at the young girls playing in my colony street made me wonder about the life of a woman in our country. Their laughter gave me a fear for their safety as they were guarded by none. These three girls aged between 8 and 12 were all alone. They were running and playing with a ball. The innocence in their eyes made a heavenly impact. I smiled at them and got back to reading my newspaper as that is what I was doing before those girls caught my attention. In less than 10 seconds, my smile faded away. I was shocked to read- ‘Minor raped by 17-year-old uncle’- one line and horror went down my spine. Not that it was the first rape news I ever read, but looking at the girls playing outside and reading this next left me stunned. And, that is what urged me to write this article. Crime against women and children and violation of their rights is an issue concerning authorities all across the globe. It not only affects the cultural aspect of societies but also hampers socio-economic growth. Some nations have taken a step ahead in fighting injustice and have been focusing on the issue of providing better protection for decades. In India, women, and children have been in a lamentable state over the centuries. Evil practices like child marriage, domestic violence, feticide, honor killing, and child labour, among others are being practiced since ages. It continues to suppress some even though several laws have been made to bring down such traditions. The agony of women in India is such that, every hour a woman dies for not bringing enough dowry. (1) Apart from these evil practices, incidents of physical assault and sexual abuse are also perpetual in our country. A study shows that about 42% of girls face sexual violence before turning nineteen. The atrocity doesn’t stop here. National Crimes Records Bureau says the rape of minor girls increased by 82% in 2016 as compared to 2015. It is an alarming and chilling increase we have witnessed. Several acts and laws have been made for the protection of women which includes- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, Protection of Women from Domestic Violence Act of 2005, The Dowry Prohibition Act of 1961 (Amended in 1986), and The Indecent Representation of Women (Prohibition) Act, 1986 among others. While laws for the protection of children include Juvenile Justice (Care and Protection of Children) Act of 2015, Commissions for Protection of Child Rights (CPCR) Act of 2005 and Protection of Children from Sexual Offences Act (POCSO) of 2012. Despite all these strict laws, the conviction rate in crime against children stood at 35.6% and that of crime against women at 27.2%. The challenge with the crime against women and children is multidimensional and involves legal, medical, social, and psychological implications. One of the reasons for the low conviction rate is that the procedure for justice is long-drawn. Thus, victims are easily won over or come under pressure from the accused. Also, a majority of these victims belong to lower economic strata, which makes them more vulnerable. A few activists claim that this happens due to lapses in the criminal justice system. The situation gets worse for those who face the trauma after being subjected to assaults by one of their own. There are plenty of cases where either the victims do not turn up to file a complaint, or if they gather the courage to report the incident, they later turn hostile. This usually happens due to societal pressure and also because the family fears the consequences and does not want to exacerbate the matter. In fact, in 95% of rape cases, it is seen that the rapist is not a stranger. A woman suffers because of her ferocious partner or a family member. To epitomize it, a woman is killed every 10 minutes somewhere in the world by someone they know. (2) An estimate of 5,000 honor killings is committed every year worldwide. The stats include female rape victims who are killed by male elders of their own families to spare the family from ignominy associated with the stigma of an unmarried sexual violence victim. Not only countries like India but even developed nations face these issues. A report from Gallup shows that more than one in three women in the U.S fears being sexually assaulted. One in every five women in the U.S is raped at least once in their lifetime, while domestic violence is probably the most ignored torture a child goes through. In the U.S, each year, 1 in 15 children are exposed to domestic violence. (3) There are organizations like UNICEF which have been working to protect the rights of children and to provide the assistance and services necessary for the task. Some international NGOs are working for the rights and welfare of minors. Child Rights International Network (CRIN), Defense for Children International (DCI), and Save the Children are some of the NGOs which work for a child’s rights. And certain organizations are working for uplifting women and protecting their rights. To name a few, UN Women, Association for Women’s Rights in Development, and Womankind Worldwide are some of the organizations working towards the welfare of women globally. But the point remains, why do we need organizations to work for their protection, why do we need special laws to protect our daughters and minors. In recent times, there has been a considerable change in-law for the betterment and to provide ease in procuring justice. Juvenile law and rape law changed after the heinous Nirbhaya rape case. The new laws are more rigid and punishments are more stringent. The girl breathed her last in Singapore. Her death left the nation’s head bowed in shame. Another controversial take on judiciary’s long-drawn and delayed approach is the recent encounter of Telangana based doctor’s rapists by Hyderabad police. Police say they were killed in self-defense, while many claims it was a result of frustration caused by delayed justice. On the other hand, the abolition of laws like triple talaq is some of the small but eminent changes in law structure which would reshape the future of generations to come. Women in Vedas are glorified as mothers, which means one who can create and nourish life. On the other hand, they are suppressed and deprived by the men in a patriarchal society like India. The suffering of women and children could be traced ever since the beginning of humanity has been found; with time, it has shown a fall-off, and with time it shall decline further. In today’s world, women are stepping out; more and more females are opting for professional careers rather than just sitting back at home behind a veil. With more women showing courage to step out in the cruel world, it has become the need of the hour to develop a society where every woman can breathe safely. Thus, the change is needed, and the change in its real sense will come into existence the day we start teaching our brothers and our sons to respect women. We need to teach men how to be respectful rather than teaching our daughters and sisters to stay quiet and tolerant. The taboo associated with the inferiority of women needs to end. (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.)

By- Ankesh, 2nd Year Student at National Law University Odisha and Jay Gajbhiye 2nd Year Student at National Law University Odisha INTRODUCTION Article 21 of the constitution of India includes the right to life and privacy, and the unlawful denial of freedom is forbidden by Section 6(1) of the International Covenant on Civil and Political Rights. Yet this supreme right has several contentious aspects about it. Another such topic is Access to the Abortion issue. This is claimed, among many women’s freedoms, that any mom has the right to abortion, it is a fundamental right. Yet Mother’s interests have to be contrasted with the unborn’s rights. Earlier the right to abortion was not permitted and culture firmly rejected it. The termination of abortion was dubbed the killing of a fetus. Yet because of the transition of time and technology, that freedom has since become constitutionally recognized by several nations since the prominent U.S. Supreme Court ruling of Roe v. Wade[1] of that case, the Court ruled that a woman may terminate her pregnancy for whatever reason, before the stage at which the fetus is ‘viable’. But there are always resistance and citizens still feel it should be constitutionally banned. Female foeticide is the product of a societal structure of gender inequality that discriminates against women and believes that they are less important than males. Sons are favored over females in this oppressive culture, for several specific purposes. Either economically or socially, women and girls are deemed poor and valued less than males. Women in this culture may be more costly when it comes to finances, as women are supposed to be married to another man. Social practice in India is that the woman will marry into a higher-class unit. So, to guarantee the union, if her parents want this to happen, they must be willing to offer a wide (expensive) entrance. A dowry can consist of land, property, or a certain amount of money. RIGHT OF A WOMEN TO TERMINATE PREGNANCY The right to abortion is a species of right to privacy, which is again proclaimed a continuance of the right to life under Article 21. It can also say to be including the complete right of a woman over her reproductive organs. Section 312 of the INDIAN PENAL CODE, 1860 causes miscarriage punishable. It says: “Causing miscarriage. - whoever causes a woman with child to miscarry, shall, if such miscarriage is not caused in good faith to save the life of the women, be punished with imprisonment of either description for a term which may be extended to three years, or with fine, or with both; and if the woman quick with child shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”[2] Section 312 punishes the person who causes the miscarriage to women. Commonly the word miscarriage is used synonymously with the word abortion. Section 312 grants the woman the privilege to motherhood which offers adequate safeguards for this privilege but at the same time excludes the women’s right to abortion; it ensures she has no control over her body. It is not just a matter about a woman’s privilege to her body as there is always a problem with a child’s right to live in the womb of a mother. There is a clash between the unborn child’s right to life and women’s right over her body, i.e. abortion rights. This issue also raises another issue when life begins- it could be immediately after the egg is fertilized; when the fetus gets a soul or when the fetus can live outside the mother independently, or when the mother delivers the baby. Once conceiving starts, there is a moral problem, As Section 312 gives punishment of three years on 'incarceration or fines or both for causing a woman with child and up to seven years.’ CONSENT OF A MENTALLY RETARDED FOR ABORTION NECESSARY In several instances and notably in the past decade, the “reproductive rights” of women with special needs have been recognized by courts. Parliament has passed the “Rights of Persons with Disabilities Act, 2016 (RPD Act)”, which ensures diverse privileges to people with special needs[3], like their sexual liberty, etc[4]. “Section 3(4)(b) of the Medical Termination of Pregnancy Act 1971 (MTP Act)” directs that, without permission of the pregnant mother, no pregnancy be “terminated”. Throughout the sense regarding women with special needs, this is further recapitulated by the RDP Act. “Section 92(f) of the RPD Act” outlaw the executing, administering, or controlling actions of a medical operation on a female with an impairment, that, without her explicit permission, contributes to or is probable to contribute to an end to her pregnancy. It disallows treatments for the therapeutic “termination of pregnancy” in extreme injury situations with the approval of the woman’s parent and in the view of a “Registered Medical practitioner”. The immunity is in line with “section 3(4)(a) of the MTP Act”, where the pregnancy of women over 18 years with a mental disorder cannot be discontinued without her guardian’s informed permission in “writing”. The MTP Act describes a “mentally ill” person as a “person who requires treatment because of any mental disorder other than mental retardation.” PREGNANT WOMEN WITH INTELLECTUAL DISABILITIES The Supreme Court, in “Suchita Srivastava v. Chandigarh Administration”[5], reversed a judgment by the High Court that a woman with “mild intellectual retardation” without her permission terminates her pregnancy. In compliance with “Article 21 of the Constitution of India”, the Court observed that the woman had not been “mentally ill’ and had obtained a “majority” and affirmed her constitutional right to make reproductive decisions. The reading of “Section 3 of the MTP Act” regarding women’s permission to end her pregnancy compared “mental retardation” with “mental disorder”, which declared that the dilution of the provision of permission to “mental retardation” for women was an unfair and irrational limitation of reproductive privileges. The Court recalled the State responsibilities under the “Convention on the Rights of Persons with Disabilities” to safeguard esteem for the reproductive option of women with “mental retardation”. THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) ACT, 1994 To counter “female foeticide” in the nation by the abuse of technology, which is achieved abruptly with the strong concomitance of the service suppliers and the citizens requesting such assistance, on 20 September 1994 the Government of India implemented the “Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act”. The Act was revised in 2003 to strengthen the control of sex-selecting technologies and to avoid the deterioration in the infant sex ratio as shown by the Census of 2001 and became effective from 14.02.2003. As a result of improvements, the Act was renamed the “Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act of 1994”. The main objective of enforcing : Forbid the utilization of “techniques of sex selection” before or after fertilization. Avert the abuse of pre-natal diagnostic methods for “sex-selective abortions”. Monitor such methods: Strict penalties for using prenatal diagnostic methods to unlawfully determine the “sex of the fetus” has been recommended under the law. CONCLUSION “Female foeticide” is an ever-increasing issue in the Indian background and this essay discusses the legal measures that have taken a destructive turn in the nation’s “socio-political” landscape to counter this moral bad. Practices such as “amniocentesis”, “CVS”, and any other hereditary abnormality screening techniques should be prohibited. This is focused on the idea that there should be no prejudice against a “child” because of an impairment or on the grounds of limited and conventional patriarchal ideals and standards. In compliance with “Article 2 of the Child Rights Convention”, an impaired child has as much of a privilege to be raised as an ordinary child does. This proposal often tackles the question of female foeticide. If no detection of “genetic abnormalities” is permitted, the administration will conveniently be able to monitor sex determination tests. The Father of the Nation once said: “Women are the companion of a man gifted with equal mental capacities. She has the right to participate in the minutest details, in the activities of man, and has an equal right to freedom and liberty with him.” References [1] Jane Roe, et al. v. Henry Wade, District Attorney of Dallas County 410 U.S. 113 (more) 93 S. Ct. 705; 35 L. Ed. 2d 147; 1973 U.S. LEXIS 159. [2] Indian Penal Code, 1860 [3] Rights of Persons with Disabilities Act, 2016. [4] Section 10, Rights of Persons with Disabilities Act, 2016 [5] (2009) 9 SCC 1. (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.)

By - Anshika Goel, a 4th Year Student at Amity Law School Delhi, GGSIPU INTRODUCTION Child pornography means the depiction of a minor or an individual who appears to be minor in a sexually provocative act by means of videos, photos, or other computer-generated material. It is severe offences in nature as it promotes the sexual assault of children, sex slavery, human trafficking, etc. Such photographs and videos, which include the recording of the real crime scene, are often shared for personal use. Most recently, live-streamed sexual exploitation has started to surface. In such instances, people pay to view a child's live abuse from a network of video sharing. This form of abuse is complicated to track, owing to its real-time complexity and the loss of digital evidence left behind since the incident. Although "child pornography" remains the legal word for this content, the subject matter is horrific and awful types of child exploitation imaginable. For this cause, those seeking to counter this form of violence have begun to use the word "child sexual abuse material" (CSAM), which conveys the substance more clearly and is specifically related to the root of the matter. DEFINITION UNDER INDIAN LAW It has been defined in Section 2(da) of POCSO[1] as "child pornography" as any graphic depiction of sexually suggestive activity involving a child that involves a picture, film, the digital computer-created image that is indistinguishable from the real child and an image that is made, altered or modified that tends to represent the child. The definition includes digital or computer-generated content. India has perhaps the most noteworthy number of children in the world, Census information from 2011 uncovers that India has a sum of 472 million children beneath the age of 18 years. State protection of children ensured to Indian residents by broad perusing of Article 21[2] and is likewise commanded, given India's status as a signatory to the Convention on the Rights of the Child. WHO IS THE ABUSER? CSAM victims are sometimes exploited by those they know — the ones these children would have been able to trust. These offenders have direct exposure to the children they assault, using bullying techniques to normalize inappropriate activity, and promote confidentiality. The matter of pornography of children is not only a national issue but also a major global issue that needs to be taken up as early as possible. For protecting children from exploitation and pornography, several measures are being taken both at the national and international levels. INDIA'S RESPONSE TO COUNTER CHILD PORNOGRAPHY Child sexual abuse laws have been implemented in India as part of India's child safety policies. The Protection of Children from Sexual Offences Act, 2012 (herein referred to as the "POCSO Act"), provides for punishment for child pornography. Section 14[3] criminalizes the usage of children for obscene purposes in any media, including the depiction of the child's genital organs, the involvement of the child in actual or imaginary sexual acts, and the profane or improper depiction of the infant. Within the POCSO Act, the hold of the material of pornography of child for commercial reasons is criminalized, but possession for non-commercial purposes is not criminalized. Section 293[4] explicitly criminalizes the selling, distribution, exhibition, transmission, etc. of any pornographic content to any person under the age of 20 years. It believes such acts to be cognizable offences. The Information and Technology Act, 2000 (herein referred to as the "IT Act"), is the cornerstone of cyber legislation in India. It was amended in 2008 to broaden its scope to include a specific provision dealing with the criminalization of child pornography. Recommendations were rendered in the context of the insertion of Section 67B[5], which condemned child pornography. To "first time offenders," with imprisonment of 5 years and a fine of ten lakh rupees, and for "subsequent offenders," the period of imprisonment is seven years with a fine of ten lakh rupees. For a fact, under the IT Act, the storage and consumption of adult porn are not criminalized. However, the storage and consumption of child porn are criminalized. While Section 67B of the IT Act focuses on the object of child pornography by criminalizing the sexual portrayal of a child, Section 14 of the POCSO Act focuses on the matter of child pornography by criminalizing the utilization of a child with the end goal of pornography. The consent of a child is meaningless under both the laws as a child is esteemed unfit to give consent. Strangely, India isn't a part of the Virtual Global Taskforce yet. India depends vigorously on the US-based NCMEC (National Center for Missing and Exploited Children) for alerts. NCMEC NGO recently alerted the Government of India about the existence of child pornographic material on different social networking platforms in the country and found out that almost 25,000 cases of alleged child pornographic material have been uploaded in India. The Adhoc Committee was set up by Rajya Sabha on 12 December last year. It provided 40 far-reaching recommendations to deter the sexual assault of a child and to eliminate access to and dissemination of child pornography on social media. The Committee proposed fundamental amendments to the Protection of Children from Sexual Offences Act, 2012, and the Information Technology Act, 2000. The Committee has tried to address two major concerns: Children's access to social media pornography content and The dissemination of obscene content on social media. The 40 recommendations provided by the Adhoc Committee include the implementation of a wider concept of child pornography, the regulation of children's access to such materials, containing creation and distribution of CSAM, making responsible the Internet Service Providers and online websites to restrict access to children and delete any pornographic material from internet pages, in addition to tracking, identifying and deleting information, prohibiting underage usage of such content, allowing parents to provide early access to such material by children, enabling effective action by governments and authorized agencies to take the appropriate preventive and penal measures, etc. The Committee emphasized the need to adopt its recommendations as an integrated set of measures and not piecemeal to have any worth and effect. THE ROLE OF INTERNATIONAL LAW IN COUNTERING CHILD PORNOGRAPHY The 1989 United Nations Convention on the Rights of the Child, the primary lawfully restricting treaty on the rights and liberties of children, calls for the protection of minors from sexual assault. Article 34 of the Convention obligates States to take all appropriate regional, bilateral, and multinational steps to shield children from all kinds of sexual harassment or violence. In 2000, the UNGA approved the Optional Protocol on the vending of children, sexual exploitation, and child pornography (herein referred to as the Optional Protocol). This acknowledged the privileges of victims of these offences and developed guidelines for the safety of victims in the process of criminal justice. Article 3 of the Optional Protocol requires States to criminalize the creation, distribution, importation, exportation, dissemination, offer, or sale of child pornography, and Article 3(1) (c) obliges States to prosecute hold of child porn for any of the reasons referred to above. The Council of Europe Convention on Cybercrime (2001), also referred to as the Budapest Convention, is one of the important conventions dealing with child abuse, since it has a more realistic practical approach with universal application to both judicial officers and law enforcement agencies at the same time. Article 9 of the Convention describes child pornography as "a content that visually portrays a minor or an individual who appears to be minor to be involved in a sexually suggestive type." The Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (2007) classifies child pornography as sexual violence. This is wider because it also includes sexual tourism in the shape of child violence. The European nations have only accepted it to date. CONCLUSION Child pornography is not only a legal issue but also a moral issue because it is likely to affect the child's view of humanity adversely. Besides bringing several international conventions in force, we, as a global society, have had shortcomings in drawing up decisive rules for their usage. A widespread worldwide system for the identification, evaluation, and indictment of online child pornography is the need of the hour, and it must be executed as a fundamental of international law. References [1] The Protection of Children from Sexual Offences (Amendment) Act, 2019, No. 25, Acts of Parliament, 2019 (India). [2] The Constitution of India, Article 21 [3] The Protection of Children from Sexual Offences Act, 2012, No. 32, Acts of Parliament, 2012 (India). [4] The Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India). [5] The Information Technology Act, 2000, No. 21, Acts of Parliament, 2000 (India). (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.)

By- Harsh Rai, Student at Hidayatullah National Law University, Raipur and Shloka Verma Student at New Law College, Bharti Vidyapeeth, Pune INTRODUCTION Existence has been peculiarly dangled by the crisis of COVID-19. Augmented efforts are being put to fight two pandemics: Novel Coronavirus that threatens the lives of people and economic crisis which threatens the life of the state, but slightest attempts have been made to protect from the sneaking crises under the shadows of lockdown- violence against women. United Nations Secretary-General Antonio Guterres, acknowledging the “outraging global surge” in the number of complaints, has urgently called for a “ceasefire” on domestic violence. This is crisis blooming under crisis and we require global collective support to cease it. As globally, COVID- 19 pandemic cases are relentlessly causing burdens over health services, essential services helpline, Shelters for domestic violence, have outstretched its regular capacity. It requires much more effort to prioritize addressing violence against women during outbreak and recovery efforts have to be strengthened. Women are facing these issues that are not new to the world, and in a patriarchal society like India, women had always been victimized by uncultured dominance wielded by men. Anything that happens around their world is always raged out on women via different channels of violence. The pathway which leads to this catastrophe is due to people being grounded at home, they are having financial constraint, mental unpreparedness, after getting sacked, handling the work pressure and staying under the same roof, are new to everyone; people are getting exasperated. A few months back a man allegedly killed his spouse, Savithramma, in the presence of their daughters because of rage in the conjecture of disloyalty. This incident took place at a temple in Dodderi in Karnataka where this family was quarantined just post announcement of nationwide lockdown by the Indian government to contain the outbreak of COVID-19 pandemic in March 24th. COVID-19 ON VIOLENCE AGAINST WOMEN Domestic Violence In accordance with UN Women, about 243 million women and girls encounter violence between the ages of 15 and 49 by an intimate partner annually. The reports acquired by the front line warriors display a significant rise in physical, mental, and economical abuse perpetrated by an intimate partner. National Commission for Women released data that says 452 complaints of domestic violence were received in June itself. This amount of raise has been the highest since last September. These ratios can’t be ignored because the actuality of these counts has emerged several times substantial than their value with 99% cases going unreported in India.[1] These counts are elevating due to living in the same periphery. Speculation has also been made that they are not been able to report to any authority via phone call because of the proximity with the abuser. Usually, victims could have gone to the friend’s place or some known ones for the shelter, sought paramedics help at the nights of facing violence but at this hour they are being made to live in the same place due to non-allowance to travel and psychosocial supports are not boosted to remedy every victim.[2] Indian women do more unpaid domestic care than women in any country other than Kazakhstan. Women in India drain up to 353 minutes per day on the domestic establishment, which is 577% more than the 52 minutes drained by men on it. The Malaysian leadership has inaugurated a campaign for “House-hold happiness” (#WomenpreventCOVID19) urging women to apply make-up at home, adapting a Sinchan like childish voice and chuckle flirtatiously, while asking a spouse to help in domestic establishments. Thereafter, the placards have been taken down by the protestors. However, the sentiments behind posters are widely in existence in India too. Different types of demonstrations have come forward via social media platforms to elevate the conditions.[3] Sexual Violence against women Towering complaints have been received by NCW in June alone, about 2,043 complaints regarding crimes against women have been registered which broke the record of the last eight months. A substantial raise have also been received by emerging data of 252 complaints regarding harassment of married women; dowry harassment accompanied by 194 complaints regarding molestation and outraging modesty of women.[4] These complaints have been duly multiplied because of certain advertisements made by social help institutions to spread awareness among unenlightened. This is not the first time we inquest about sexual violence against women and girls, they have faced most vulnerable situations during the crisis and have been subjected to gender-based violence (GBV) in the boundaries of four walls of the house. Sexual violence cases saw a spike during the lockdown, globally. Women are not being able to access the essential sanitary services, proper birth-control requirements which leaves them with one option to opt for the abortion procedure, which has been made to come under essential services due to sudden hike of complaints. These data are unsettling yet foreseeable. According to which, globally 30% of women face physical and sexual violence during their life span by their intimate partner. Including an 11-year-old daughter was sexually abused by her father in Kerala due to alcoholism. These gendered impacts have consistently received low recognition during the life-threatening pandemics. Grave stride should be taken to tackle the violence encountered by women and children in the time span of this lockdown. The authorities must incorporate violence against women in essential services under the COVID-19 response protocol, resource them with adequate supplies, and scrutinize the strategies of application with due diligence by keeping the social distancing norm. Medical services should be incorporated with local support staff and be made easily available to survivors of such crimes. STATES ACTION ON PANDEMIC The global pandemic has been a catalyst in widening the domain of misery in several ways. Not only economically and physically health but also the mental health of the family members has been a challenging aspect to deal with. The same becomes a matter of greater concern to the vulnerable part of our society majorly being the female members of society. The National Commission of women put forth a state which portrayed a tough and horrible situation of women in their homes. The data was released by the Nation Commission for Women on March- April which presented a greater increase in the gender-based violence where the cases grew in a bigger two-digit number. This made it clear that the coming situation along with the pandemic will gradually grow more dangerous for the women. Not only India but worldwide there are cases which show the graph heading to the greater numbers about the cases of domestic violence. Tough we have various helplines and hardworking NGOs and organizations which are continuously working for the betterment of these domestic violence victims but there has been a pause due to this pandemic and the women have lost there jobs and connections which also has created restrictions on their access to the help centers or the next friends. The situation seems bleak as we live in a society where the females are with no mobile phones, illiteracy and unaware this adds fuel to their situation getting worsen. They have no idea where to go and whom to ask for help. The data too speaks that 86% of the women who faced the violence in their homes never got help and 77% of them were not even in records or shared their suffering to anyone. We are advocating for women's rights both at the national portals, state portals, the helpline numbers issued by the government, but the question arises as Is the victim going to take his husband's mobile phone to dial the helpline? The rise in food crises and income of the people has eloped their full meal, is this empty belly go for recharging her phone or will feed her children adjusting with a slap or two by his husband who is frustrated out of losing his job? There are numerous question which cannot be answered even if we accumulate together all the laws, rights, conventions, and schemes. The field and the reality there has a very different story which we cannot even imagine. WAY FORWARD The pandemic has taught the entire world so many things. When we talk about specifically India this is the high time we must realize that we are still lacking on extremely important things which include education, health, population everything with it. At the end of the day, we conclude that every problem and shortcoming are interconnected with one another. A better education comes with at least some awareness. Making homes safe for our daughters, sisters and mothers be a huge responsibility and it will be fixed only if we work all together covering the major factors which are both, directly and indirectly, connected to the betterment of the females. One should not take in otherwise tagging the concern as a feminist or anti masculine approach, here we present an example- A healthy mental atmosphere of the house will keep the female secured and safe which will gradually be a happy and satisfying factor for the females and they will be able to enjoy their mental wellbeing, this will aid to her work she will be productive in whichever and whatever work she does, if the female is pregnant she will indirectly give birth to a healthy child with fewer complications at least not mental ones when the female will receive that deserving amount of love and respect one will have a view of the same love and affection a daughter receives and I hope eventually no father will ever fear or worry on being called a father of a daughter, the ratio will reach real connotation of balance. References [1] PTI, NCW received 2,043 complaints of crimes against women in June, highest in 8 months, THE HINDU, July 03, 2020, 12:40 IST. [2] Santanu Chowdhury, Domestic violence cases see a spike during the lockdown in Bengal, THE INDIAN EXPRESS, June 19, 2020, 11:47 AM. [3] Harshitha Kasarla, India’s Lockdown Is Blind to the Woes of Its Women, THE WIRE, May 02, 2020. [4] Jasra Afreen, NCW received 2,043 complaints of crimes against women in June, highest in 8 months, HINDUSTAN TIMES, July 03, 2020, 13:18 IST. (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.)

By- Swati Rao, Assistant Manager at Centre for Civil Society. In India, menstruation and menstrual health issues have long been considered women’s issues, driven by fear and shame, to be discussed behind closed doors. With 355 million menstruating girls and women in the country, access and awareness regarding menstrual hygiene are two significant issues, exacerbated further by the urban-rural divide. In rural India, 71% of women, majorly young girls, are not aware of the biological process of menstruation; and 88% of them use homemade alternatives, including rags, hay, or ash, which not only are uncomfortable and inconvenient but also lead to diseases and infections. The lockdown, in one form or another, has been in place since March 2020, and it has brought with it disruptions to supply chains, closed borders, and shuttered businesses. One overlooked yet far-reaching consequence has been that the availability of menstrual hygiene products like sanitary pads and tampons, menstrual cups, reusable napkins, pain medication, and soap have been impacted. With the gendered social norms in India, the pandemic has exacerbated restrictions on mobility and agency for women. Along with the lockdown, issues of financial instability, social isolation, and psychological hardship have added on to the barriers faced by women in accessing necessary menstrual health information and supplies. For disadvantaged and vulnerable groups, the economic uncertainty and loss of wages has meant that women are having to prioritise food and ration over personal care necessities. As rightly tweeted by UNICEF on Menstrual Hygiene Day, “Periods don’t stop for pandemics — it’s every girl’s right to manage her period safely and with dignity.” The role of the Government of India thus becomes vital to be able to provide for healthcare for these 355 million menstruating women. One such measure was the Menstrual Hygiene Scheme announced by the Ministry of Health and Family Welfare under the National Health Mission’s Menstrual Hygiene Management Program, aimed at increasing awareness, access to high-quality sanitary napkins, and a better means of disposal. The government’s lack of information on market outcomes and the costs incurred led to the abrupt failure of the scheme. According to the scheme, sanitary napkins were to be supplied in 107 districts by the government, while in another 45, self-help groups were to produce and sell them at a price less than ₹7.5 per pack. The irregular and insufficient supply led to an increased financial burden on the producers, and all others linked to this supply chain were not satisfied with the inputs and subsidies. Cheap and sustainable production could not be ensured due to the use of plastic as input and low revenue from sales. The measures for proper disposal of pads were not provided for, which proved to be antithetical to the purpose itself. Apart from this scheme, menstrual health management (MHM) has been incorporated into other legislation and guidelines. Released as a part of Swachh Bharat Mission Guidelines, India’s nationwide sanitation initiative, National Guidelines on Menstrual Health Management detail what each key stakeholder must do, why, and how. The guidelines seek to deploy government officials, from the state level to district and Zilla level in establishing a framework for creating awareness about menstrual health issues, provisioning for sanitary products, providing separate sanitation and disposal facilities in communities and capacity building of ground-level staff. Unfortunately, there are some areas in which the scheme and the guidelines currently fall short. The overdependence on government and public officials fails to leverage private market players and civil society organisations. As research shows, bringing about social reforms cannot be done through the powerful few and needs collaboration between diverse stakeholders. The scheme and guidelines, while designed for managing menstrual health issues, focus more on adolescent and school-going girls. The framework details various interventions that need to be executed in and through schools, thus excluding girls and women who are not currently enrolled in schools. Since the efficacy of the existing schemes leaves a lot to be desired, what Indian women need is a rights-based approach to MHM. Placing menstrual health within the context of human rights provides a holistic approach to understanding and combating the gendered nature of restriction on human rights. As UNICEF mentions in its report, women and girls who have difficulty exercising their rights to water, sanitation, and education, will likely have difficulty managing their menstruation. Menstruation is intrinsically linked to women’s lived experiences. If India aims to achieve SDGs 3, 5, 6 and 10 on Good Health and Well Being, Gender Equality, Clean Water and Sanitation and Reduced Inequality, it becomes imperative to frame MHM within a human rights framework. India can take lessons from Kenya, which recently became the first country in the world to develop and implement a standalone Menstrual Health Management Policy. This policy increases the prioritization of MHM and provides a framework for policy implementation as well as clarification of the roles and responsibilities of different stakeholders. Considering the Indian context, a sound MHM policy would incorporate a holistic approach to include all women, increase choice, access, and competition, localise advocacy and resource mobilisation, and advance sustainability. The existing Menstrual Hygiene Scheme already provides for distributing sanitary pads to adolescent girls. Still, it fails to include fragile and vulnerable communities such as refugees, slum dwellers, and homeless women. A comprehensive and inclusive MHM policy would be able to mainstream marginalised women. Considering that both physiological, as well as psychological needs, are unique for women at different life stages, the issue of menstrual health has to be looked at from a life cycle approach. This would mean that India’s MHM policy takes cognizance of the needs of premenstrual as well as menopausal women. Therefore, a well-balanced MHM policy will look beyond the menstruating age groups to expand its scope of influence. A sound policy also increases the choice for its beneficiaries. Instead of deploying a paternalistic approach to menstrual health issues, India’s MHM policy should provide informed choice to its beneficiaries, in the form of access to the broadest possible range of safe, effective and acceptable means to manage menstruation and the information necessary to make an informed choice among those. By localizing advocacy and resource mobilisation, such a policy can reduce transaction costs and empower women-led Self Help Groups, which are engaged in the production of menstrual hygiene products. This would result in using more local products during the manufacturing process furthering India’s goal of becoming “Atmanirbhar.” Apart from production, safe disposal of menstrual hygiene products can also be achieved by localising the policy. An environmentally responsible and sustainable approach would move away from menstrual hygiene products that are damaging to the environment and add to global waste. Another cornerstone of the Indian MHM policy would have to be a commitment to promoting innovation and competition in the market. Promoting Small and Medium Businesses would result in the development of low-cost and biodegradable sanitary pads and other menstrual products. This would further increase access and choice for women, particularly those excluded due to financial and mobility constraints. While small scale entrepreneurs might develop competitively priced products targeted at low-income communities, they will lack the marketing and transportation capacity to achieve scale. Therefore, institutional interventions to mainstream these products through an MHM policy will go a long way in furthering access and choice for menstruating girls and women. After all, something that affects the lives of almost 50% of the country’s population deserves increased momentum from governments, private sector, and civil society organisations. One of the key takeaways from the current pandemic is that while MHM has already been integrated into existing programming across various sectoral schemes and legislations, a standalone MHM policy is required to uphold the rights of every girl and woman in the country. (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.)

By- Rugma S 3rd Year B.Com LLB (Hons) Student at TNDALU School of Excellence in Law, Chennai INTRODUCTION Because I am a woman, I must make unusual efforts to succeed. If I fail, no one will say, ‘She doesn’t have what it takes’. They will say, ‘Women don’t have what it takes’. ~Clare Boothe Luce Women are the influential agents of change and the mind-boggling benefits of diversity and gender parity in leadership and decision-making are progressively recognized in all spheres of society. However, women still continue to be greatly marginalized and underrepresented in positions of organizational, managerial, and political power due to discriminatory laws, institutional and societal barriers, and disproportionate access to equality in education, healthcare, and other resources. To reason out the limited presence of women in prominent echelons of leadership and the invisible obstacles they face to attain management positions, concepts such as the “glass ceiling”, “glass cliff”, “labyrinth” have come into widespread use. WHY DOES GENDER LEADERSHIP GAP EXIST AND WHAT HAS CAUSED ITS CONTINUANCE IN EXISTENCE? Eagle and Koenig’s Social Role Theory[1] helps us understand a deeper motive as to why women to some extent are underrepresented in leadership positions. The social role theory suggests that people’s beliefs about social groups in their society is influenced by the association of specific behaviors to their normal social roles. Thus, individuals of a particular social group have a particular social behavior which in turn leads to the constituted social group’s identity. Among different social group identities, gender is a prominent and potent one. One such notion of the theory emphasizes that women are communal, in the sense, they are helpful, kind, and emotional while men are agentic, implying that they are controlling, assertive, and ambitious. These gender stereotypic aspects of society divide the roles of men and women in family and work and also responsible for the difference in their behaviors. Stemming from this stereotype is the assumption that men are more likely to occupy roles in athletics, business, construction, engineering, and other jobs that demand assertiveness while, on the contrary, women are more likely to take up occupations that require helpfulness, like nursing and teaching. Owing to their occupation, men tend to occupy a high status in the hierarchy both at work and at home. A number of studies place an emphasis on the think manager-think male syndrome to explain this stereotype. The result of these gender-stereotypic roles of men and women lead to unequal distribution of, access to, and progression to leadership and power positions. This phenomenon also explains the reason as to why some companies and organizations still actively defend blatant sex discrimination. In a recent case[2], the employer acknowledged the fact that female executives in his organization were paid only half as much as male executives even though the primary determinant of salary was the sales numbers thereby proving the glaring presence of sex discrimination in companies and organizations. Embracing leadership positions becomes even more difficult for women when they face the burdensome task of balancing work and family responsibilities. The existence of the assumption that women with children don’t tend to be on the “fast track” also reduces their chances of attaining leadership positions to a very grim amount. Further, gender-based violence also contributes to the underrepresentation of women's leadership. Threats, disparagement, and sexual harassment discourage women’s engagement and close pathways to leadership positions. Another significant roadblock that exists for the women in this journey is the “old-boy network” that shuts women out from the top management. The men who have been educated at the same institutions or who have climbed up the corporate ladder together have an inclination to promote individuals who are like themselves or then they look to their colleagues or their friends to fill those top decision making positions thereby causing blatant sex discrimination. Additionally, women executives also face the issue of being excluded from informal social gatherings which is the place where the groundwork for corporate advancement is laid down. The aforementioned reasons clearly explain why India occupies the third lowest rank with 2% female CEO representation, ranks the second-lowest for female CFO representation with a mere 1% and has secured the 23rd rank out of 56 countries with 8.5% of women occupying senior roles according to the Credit Suisse Research Institute Report. SIGNIFICANCE OF WOMEN’S LEADERSHIP Women’s leadership, despite facing a lot of backlashes has been repeatedly shown to have several societal benefits, such as inequality reduction, increased cooperation across party and ethnic lines and increased prioritization of social issues like health, education, parental leave, and pensions[3] in addition to causing a “role model effect”. Apparently, a 2012 study conducted in India stated that an increase in the number of women village leaders closed the “aspiration gap” between girls and boys by nearly 25% and had ultimately obliterated the gender gap in educational outcomes. Additionally, a 2007 Catalyst report on S&P 500 Companies found a connection between women’s representation on boards and a noteworthy high return on equity, sales, and invested capital. Further, a positive correlation was also obtained between layoffs and female CEOs. A study of businesses operating during the Great Recession found that female CEOs were less likely to lay off staff when compared to their male peers and the difference between these both genders was significant (14% v. 6%)[4]. Researchers also found that women have a tendency to adopt a transformational leadership style typical of charisma, intellectual stimulation, and consideration of the individual, a style that is most likely to positively motivate the followers[5]. Further, women’s representation in positions of organizational or managerial power will positively provide for enhanced social networking and mentoring opportunities that will indeed increase women’s career prospects thereby leading to lowered gender segregation in addition to reducing gender-linked stereotypes about a woman’s abilities in the organization. This change will have a far-reaching effect of creating better-integrated workplaces by influencing the judgments, principles, and practices of the organizational decision-makers. RECOMMENDATIONS To ensure that women are equally represented in leadership positions and the benefits of women’s leadership are reaped, successful measures like funding incentivized party quotas[6], support to women’s leadership development programmes and creation of a gender-responsive policy environment would be worth a try. To guarantee women of their share of organizational power, corporations need to make sure that their recruitment, appraisal and career management systems are gender-impersonal and only performance-focused in addition to enabling business practices that permit men and women to balance demands of leadership and family responsibilities. The draft for the National Policy on Women 2016 placed an emphasis on increasing the participation of women in various fields such as civil services, local governments, and corporate boardrooms. Therefore, the draft policy still fails to address the blatant gender leadership gap. Hence, there is a pressing need to establish a specific committee or agency, similar to the Juvenile Justice Board which will address the gap in organizational, managerial, and political leadership and will be accountable to the Ministry of Women and Child Development. The Ministry meanwhile needs to make the much-needed changes in the law for women and set up proper grievance redressal mechanisms that promote gender equality and send a positive message to women and girls about their role and place in society. Eventually, given the barriers to women’s advancement, the currently exercised classic leadership style which emphasizes patriarchal values and perpetrates injustice has to be questioned thereby forcing us to look into alternate modes of leadership i.e. a contra-bureaucratic model or communicative leadership which is truer to a woman’s style of leadership and focuses on communication and participation at all levels as the groundwork of its existence in addition to being egalitarian and democratic. CONCLUSION Achieving gender parity in leadership and lessening the gender leadership gap primarily is a matter of fairness. When women are restricted from obtaining top leadership positions, they are prevented from making a difference in the world in addition to enjoying other perks of leadership such as high status and privilege and various rare opportunities. Greater gender diversity has been proven to spark creativity, development and use of diverse knowledge and perspectives to foster new ideas[7]. When women are deprived of the financial benefits that come with leadership, the aftermaths are not only felt by individual women and their families but also in the field of philanthropy, politics, venture capitalism, and a host of other unexpected places. However, inroads have been made in addressing this evident problem by the Apex Court of the country which recently took a stance that women also could serve as army commanders thereby establishing gender parity in a traditionally male bastion. This incident hence proves that our country is on the right path to achieve women's empowerment. Women empowerment is a multi-dimensional process involving transformed ideas, norms, relationships, and structures of power and resource allocation. Progress in any field is never linear and free from impediments. However, progress in women empowerment and women leadership can be and has been achieved in most of the countries. Hence, by making progress in leadership positions, women can achieve positive changes in women’s rights and gender relations in countries around the world even though such a change was considered unthinkable, let alone achievable. Shoes are just a pedestal. What interests me is the power of the woman who wears them. ~Christian Louboutin References [1] Koenig and Eagly, 2014, 'Extending Role Congruity Theory of Prejudice to Men and Women with Sex-Typed Mental Illnesses', Basic and Applied Social Psychology, 36(1): pp70-82. [2] King v Acosta Sales and Marketing, Inc., 678 F.3d 470 (2012) [3] Susan Markham, 2013, Women as Agents of Change: Having Voice in Society and Influencing Policy. Women’s Voice, Agency, and Participation Research Series, No.5, The World Bank. [4] Matsa & Miller, 2013, A female style in corporate leadership? Evidence from quotas, American Economic Journal: Applied Economics, 5(3), 136–69, (2014), Workforce reductions at women-owned businesses in the United States, Industrial & Labor Relations Review, 67(2), 422–52. [5] Bass & Riggio, 2006, Transformational leadership. Mahwah, NJ: Psychology Press. [6] Political parties were considered as a major influencer of the society and hence funding incentivized party quotas were regarded as a viable solution by the UNDP in its report titled Gender Equality Women’s Participation and Leadership in Governments at the Local Level Asia and the Pacific, 2013, Bangkok. [7] Opstrup & Villadsen, 2015, The right mix? Gender diversity in top management teams and financial performance, Public Administration Review, 75(2), 291–301. (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.)

By- Shambhavi Kant, 3rd Year Student at Rajiv Gandhi National University of Law, Punjab INTRODUCTION Gender-based violence is brutal acts perpetrated against people solely on the basis of their biological sex or gender identity. Both men and women are victims of these crimes but such acts of violence are primarily committed against women and girls. It has been observed that during any conflict or crisis gender-based violence increases and the same is happening now. The global outbreak of the novel coronavirus or COVID 19 has not only affected the health of people and the economy of different nations but also the condition of women and girls in various parts of the world. The executive director of U.N. Women, Phumzile Mlambo-Ngcuka has said that the COVID 19 crisis has created a “shadow pandemic” of violence. Gender-based violence or violence against women and girls is a violation of human rights. The pre-existing virulent norms and gender inequality prevalent in society are two of the major reasons behind such violent acts. Amidst this raging pandemic, a rise in the number of such violent acts has had a catastrophic impact on the condition of women and girls. The article analyses in detail the rise in gender-based violence against women and girls during the pandemic. DOMESTIC VIOLENCE DURING LOCKDOWN The number of women and girls affected by the issue of gender-based violence is stupefying. According to a report of the World Health Organization (WHO), one in every three women has been abused or has experienced physical or sexual violence. The most common form of violence is domestic violence or violence perpetrated by an intimate partner. A study has even classified “home” as “the most dangerous place” for a woman. UN Women has reported that after the outbreak of COVID19 there has been a global rise in acts of violence against women and it has been observed that in most of the cases the perpetrator was the partner. In India, there has been a sudden rise in domestic violence complaints filed by women. Even this unusual rise doesn’t paint a clear image as most of the cases are not reported. Women residing in poorer countries or smaller households are likely to have fewer ways to report such incidents. Therefore, the rise in complaints is only the tip of the iceberg as most of the women who are victims of domestic abuse or face domestic violence do not seek help. Some of those who want to report such incidents might not have the means to do the same. Restricted movements and lockdowns enforced as a measure to prevent the spread of the virus have rendered many people jobless. Unemployment, economic crisis, and confined living situations have created a stressful environment at home. The economic and social stress caused by this pandemic can trigger incidents of domestic violence. Women are trapped at homes with their perpetrators. Domestic violence included causing physical, emotional, verbal, or sexual abuse. It can also take the form of violent physical abuse like female genital mutilation, acid attacks, choking, and beating. In certain instances, women are also murdered by their partners. Unemployed women are at a higher risk as they are completely dependent on their partners and are more likely to remain in an abusive relationship. Moreover, the abuser believes that he is superior and has complete control over the life of the victim. Domestic violence often occurs because the perpetrator believes that the abuse is acceptable or justified. Imbalance of power and control leads to abusive relationships Domestic violence not only causes harm to the physical health of the victim but also mental health. Many women suffer from mental illnesses like depression, anxiety, and so on. Domestic violence often forces the victim to take some harsh steps. The trauma and stress caused by the abuses often result in women isolating themselves. They feel trapped and helpless, and thus believe that suicide is the only way out. Domestic violence/abuse is one of the main reasons behind the suicides committed by women. Unwanted pregnancies caused by forced sexual intercourse or marital rape i.e. a form of domestic abuse can also cause both physical and mental harm to the victim. Due to restricted moments and the fear of exposure to COVID 19, women are refraining from visiting hospitals and other health facilities. In a report, UNFPA reveals that for every 3 months the lockdown continues an estimate of about 13 million women will not have access to modern contraceptives which will result in about 325,000 unwanted pregnancies. As the size of the family increases, the economic stress or tension also increases which in turn can trigger incidents of domestic abuse. Children who witness domestic abuse are more likely to suffer from stress, anxiety, depression, etc. they might become perpetrators or victims of domestic abuse in the future. It can be said that domestic abuse not only hampers the mental health of the victim or the person towards whom these acts are directed but also children who witness these acts. Various acts and provisions have been enacted to prevent violence and ensure the safety of women. For example, the Indian parliament enacted the “Protection of Women from Domestic Violence Act 2005” to protect women from domestic abuse. “Violence against Women Act of 1995” was also enacted to prevent violence against women and provide protection to women who were survivors of violent abuses. Due to a lack of awareness and resources, many women are either not aware of such acts or they might not have the means to access the services available to them. During the raging pandemic, incidents of violence are increasing but the possibility of accessing services or help-lines available to the victims of abuse, are decreasing. This is because of restricted moments, lack of resources, and reduced field presence. To ensure the safety of women and girls, it is necessary to bring about certain changes in the implementation of the acts and policies available. CONCLUSION A pandemic is never “gender-neutral”. COVID 19 has affected the lives of women in various aspects. From unemployment to brutal acts of violence, the pandemic has hampered the growth of women. We already know that gender-based violence tends to increase during any crisis and have more than enough evidence to prove that the same is happening during the current pandemic. The efforts and measures are taken to ensure the safety of women needs to be future prioritized during these trying times. This in turn will help in decreasing the incidence of gender-based violence. (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.)

By- Satyajeet Mazumdar, Head of Advocacy at Catalysts for Social Action* INTRODUCTION As the number of COVID-19 cases in India crosses 2.3 million[1], the socio-economic effects of the pandemic are becoming all the more evident across the nation. It is being widely speculated that the number of people impacted by the economic crisis will be many times more than those whom the virus will infect. This will directly affect the lives of millions of children. The Annual Report 2015-16 of the Ministry of Women and Child Development (hereinafter referred to as the “MWCD”) report stated that 170 million children in India are growing up in difficult circumstances. The COVID crisis may add several million more children to this number. Childline India Foundation, which runs 24x7 emergency helpline for the protection of children and undertakes interventions to rescue children from situations of risk, reported having received over 1.5 million calls for help between 20th March and 30th June 2020. While 2/3rds of these calls were COVID related inquiries and calls seeking support for essential commodities, 18% or almost 2.7 lakh calls were categorized as ‘child protection concerns’. The majority among these were cases of child marriage (35%), physical abuse (21.5%), child labour (9.9%), emotional abuse (9.8%) and sexual abuse (9%). The remaining cases are those of beggary, trafficking, other forms of abuse, corporal punishment, and cyber-crimes. Staggering as these numbers are, they are only the cases that have been reported. The actual numbers may be far higher. IMPACT ON CHILDREN IN INSTITUTIONAL CARE Chapter VI of India’s Juvenile Justice Act, 2015 (hereinafter referred to as “the Act”) provides the procedure to be followed with respect to ‘children in need of care and protection’, or CNCP. These children could be those who are homeless, rescued from child labour, victims of abuse, children whose parents are unfit or incapable of taking care of them, whose parents have surrendered them, or rescued from child marriage. Such children may be placed in a Child Care Institution if the same is determined to be in the best interest of the child by the district Child Welfare Committee (CWC). The CCI is expected to provide care and protection to the children until they can be suitably rehabilitated or restored with their families [2]. There are approximately 9500 CCI in India with around 3.7 lakh residing in them as per a 2018 report of the MWCD. Being in an institution within the purview of authorities, these children can be said to be in a relatively safer situation than many of the other vulnerable children in the country. Yet most of them grow up in an environment that is far from what it ideally should be. The lockdown has brought up unique challenges for CCIs. As per the 2018 MWCD report, only about 40% CCIs receive funding from the Government. Other CCIs have to raise funds on their own and depend mostly on local individual donors. Since people from outside have been prohibited from entering the CCI during the lockdown to keep children safe, many CCIs are finding it difficult to meet their expenses. In a survey conducted by Catalysts for Social Action with 78 of its partner CCIs in the states of Maharashtra, Madhya Pradesh, Odisha, and Goa, it was found that 72% CCIs said that their existing funds will last less than 6 months. Even though 82% of CCIs had been approached by Government authorities post lockdown to check their preparation, only 46% received support in cash or kind. This was mostly towards essential commodities, masks, and sanitizers. 50% CCIs said they had been operating with fewer staff members since they had asked those living outside CCI premises to stop coming during the lockdown. NEED FOR A MULTIDIMENSIONAL AND COORDINATED APPROACH As with most other legislations in India, implementation of the JJ Act has been a challenge. The sheer scale of the problem along with the varied methods and efforts required to address the same means that it is not possible for a single authority/organization to find a solution. What is needed is a coordinated effort from all stakeholders including individuals in the community, especially in the present times. Efforts need to be made towards: Identifying and supporting vulnerable children- Efforts need to be stepped up to identify vulnerable children/families in the community. Children found to be at risk need to be rescued. Families identified as vulnerable need to be supported and monitored over a period of time to ensure the safety of children in the family. The task of identifying vulnerable children can be carried out by frontline workers, such as Anganwadi and Asha workers. Community monitoring mechanisms can be set up at the village level by the Gram Panchayat in which active members of the community can monitor all children in the village. Location-wise data of children identified as vulnerable needs to be collected and made available to all stakeholders, including NGOs to enable them to design their interventions accordingly. Supporting Child Care Institutions- CCIs firstly need to be respected for the essential need in the system that they fulfill even in the most difficult circumstances. Necessary resources and handholding need to be provided so that they can provide family-like care to children. Funding under the Integrated Child Protection Scheme (ICPS) needs to be regular and disbursements need to be predictable. The budget allocated towards support needs to be sufficient so as to enable the CCI to provide standards of care and protection as envisaged in the JJ Act. Ensuring children in CCIs are safe and being well taken care of- Digital infrastructure in CCIs to enables children to attend online classes and to enable NGOs and authorities to conduct online counseling sessions and facilitating interaction with people outside virtually. Authorities like the District Child Protection Unit (DCPU) and CWC need to be in regular touch with children in CCIs to ensure their safety and well-being. A system of social audits can be set up through which the community around the CCI comprising of organizations and individuals can periodically come and speak to the children, identify issues and ensure the overall well-being of the children. Every CCI needs to have a child protection policy that every child and staff member should be aware of. Children’s committee needs to be formed and functional. Ensuring deinstitutionalized children are safe with their family- Procedure mandated by the JJ Act and JJ Rules for the restoration of institutionalized children needs to be followed by authorities to ensure deinstitutionalization is in the best interest of the child. Systems for monitoring the child within the family and providing support to the family, if needed, must be set up before the restoration of the child. Given that the pandemic has caused widespread economic distress to poor families, authorities need to reach out to families of children who have been deinstitutionalized in the last 1-2 years to check on their well-being and provide support as required. GIVING PRIORITY TO BEST INTEREST OF THE CHILD The unprecedented crisis brought about by COVID-19 is threatening to roll back all gains achieved in the field of child welfare in the last two decades. While efforts to ensure each and every child is safe and cared for in the family need to be stepped up urgently, given the huge number of children in vulnerable situations in India, a considerable number of them, especially those who are victims of abuse, violence, child marriage, and child labour, would need to be placed in CCIs for their safety and welfare. This, together with the fact that children being successfully placed in family-based care at present are minuscule, and systemic nationwide family strengthening programs do not exist, the role of CCIs in child protection, in all likelihood, would only expand as a result of the pandemic. Hence the need to strengthen capabilities of CCIs cannot be ignored and instead, mechanisms need to be created to incentivize CCIs so as to encourage them to improve their standards of care for children until they are suitably rehabilitated. References [1] As on 12th August 2020 [2] Section 53 of the Act. (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.) *Catalysts for Social Action (CSA) is a non-governmental organization working towards ensuring better care and protection for children under institutional care.

By- Aditi Banerjee and Rishabh Gupta, Second Year, B.B.A. LL.B. (H) students at Chanakya National Law University, Patna. INTRODUCTION Child labour can be defined as the practice of engaging children, below the age of 14 years, in hazardous economic activities, which hampers their growth and development and is harmful to their health. Children are the most valuable asset of a nation. As William Wordsworth used the expression 'the Child is the father of Man,' the future of a nation depends on how its children grow and develop. Every child has the right to life, and the state must ensure the development and survival of a child.[1] A child also has the right to be protected from economic exploitation, from any hazardous work that is harmful to his/her health and his/her physical, mental, moral, spiritual, and social growth, and which interferes with his/her education.[2] However, the practice of child labour is crippling India and its future assets since time immemorial. After the advent of the industrial revolution, more children are forced to work in hazardous factories and mines. With the increase in demand for workers in industries, the rural population migrates to urban areas in search of employment, and due to poverty, their children are forced to work in industries and engage in hazardous activities to support their families.[3]Many child labours also work in the agricultural sector. As per a study conducted by the International Labour Organization in 1980, there were 52 million child labours in the world and 38 million in Asia, with India contributing 1/3rd of Asia's child labour population.[4] Unfortunately, the number of child labours is increasing day by day, despite the enforcement of various legislations to curb the practice of child labour. CHILD LABOUR IN VIOLATION OF CHILD RIGHTS Child labour not only endangers the physical, mental and emotional health of children, but also strips away their education and career opportunities, and perpetuates poverty. Child labour also violates certain rights of children as laid down by the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC was enforced in 1990 and articulated basic human rights that every child has. The following articles of UNCRC, other than Article 32, i.e., protection from child labour, are violated by the practice of Child Labour: Article 6: Right to Life, Right to Survival and Right to Development The right to life can be interpreted as the right to live with dignity and facilities that fulfill the bare necessities of life. Child labours are forced to work in hazardous conditions, like in chemical factories and coal mines, which threaten their life and hamper their development. Article 19: Protection from Violence, Neglect, Abuse Many times, their employers abuse child labours, are subject to physical and mental violence, and are negligently maltreated or exploited. Article 24: Right to Health Child labours are forced to work in an unhealthy environment and indulge in activities that are harmful to their health. Most of the employers don't even provide healthcare facilities to child labours. Article 27: Right to proper Standard of Living Child labours live in an unhealthy environment, poverty and are not properly taken care of, which deprives them of an adequate standard of living. Article 28: Right to Education "Education is the most powerful weapon that can be used to change the world." – Nelson Mandela However, child labours are deprived of education as they are forced to work at the time of going to school. Article 31: Right to Rest, Play and Culture Child labours don't get to leisure, engage in recreational activities, and participate in cultural activities, which also hinder their growth. Article 35: Protection from Abduction, Trafficking, Sale The practice of child labour also has a darker side; that is, it also includes abduction, sale, and trafficking of children to engage them in hazardous occupations. PREVENTION OF CHILD LABOUR Since independence, India is actively trying to prohibit child labour, and its tenacity can be examined by various provisions enshrined in the Indian Constitution for the well-being of children, viz.:- Article 21A – Right to free and compulsory education for all children between 6-14 years.[5] Article 23 – Prohibition of traffic in human beings and forced labour.[6] Article 24 – Prohibition of employment of children in factories, etc.[7] Article 45 – Provision for early childhood care and education to children below the age of six years.[8] Labour being the subject in Concurrent List, gives the powers to both Central and State governments to form legislation on it. At present, nearly 300 Central and State Statues are working for child welfare with the main motive of eradicating child labour. With time, there has been the development of various national legislations like The Factories Act of 1948, The Mines Act of 1952, The Right of Children to Free and Compulsory Education of 2009, The Juvenile Justice (Care and Protection) of Children Act of 2015 and most importantly The Child Labour (Prohibition And Regulation) Amendment Act of 2016. The Child Labour (Prohibition and Regulation) Amendment Act, 2016, defines the child as any person below the age of 14 and prohibits employment of children in any employment as well as makes it a cognizable criminal offence. While the person between the age of 14 and 18 is defined as an Adolescent, who can be employed, except in any hazardous work, according to The Factories Act of 1948. From various years different legislations were only helpful in regulation of child labour while these Acts strictly prohibit child labour. The Indian Judiciary also, from time to time, has come to the aid of the children who had been suffering from the plight of child labour. Judiciary, through its judgment and help of the government, has brought reforms in the plight of the child labours and imparted them a better environment where a child can nurture its mental health and can avail its basic right of education. There have been various judgments of the Courts on child labour such as:- In People's Union for Democratic v. Union of India & Others[9], the Court held that Article 24 is a constitutional prohibition. Even if it is not followed for forming appropriate legislation, it must operate Proprio vigour, and it is clear that by constitutional prohibition, no child can be engaged in hazardous employment like construction work. In Ganesh Ram v. the State of Jharkhand[10], the Jharkhand High Court held that an employer could be penalised under The Child Labour (Prohibition and Regulation) Act, 1986, for employing a person below 14 years of age while the employee cannot be penalised. In Jayakumar R. Nair & Anr.v. State of NCT of Delhi & Anr[11], the Delhi High Court directed the Delhi Government to form a policy that gives financial aid for the rehabilitation of rescued child labours, so they are not forced in the child labour by their parents again. In Court on its motion [In re Contagion of COVID-19 Virus in Children Protection Homes][12], the Calcutta High Court found that due to poverty and uncertainty of social stability, the families of children are themselves involved in the trafficking of the children in the garb of child marriage and child labour for some monetary benefits. Apart from state machinery, several NGOs have also been continuing their functions to rescue child labours and to reform their lives. At present, NGOs have been continuing their operations in remote parts of the country. CONCLUSION Child Labour has become a grave problem in society. A society where everyone has the right to liberty, these children are unable to get their basic rights and are being forced to live a life in a hazardous environment with being subjected to day to day abuse, violence, trafficking. Although the state machinery has enacted several laws, the implementation of these laws on grounds has always been the major problem. The government should try to make these policies more socially conscious. It can be inferred that child labour is a social evil that is the cause of poverty. Until the government does not adopt appropriate policies to eradicate poverty, child labour will always be present in some or another way. Apart from it, the government should majorly focus on the rural areas where the child labours are in abundance in the sector of agriculture. The government should spread awareness about the children's education so that each child could get a proper environment, where she/he can gradually develop skills and help in building her/his nation a better place. References: [1]UNCRCart. 6. [2]UNCRC art. 32. [3]Kumkum Kishore, Human Rights Jurisprudence in the Context of Child Labour, 2 RMLNLUJ 69, 82(2010). [4]Pawan Sharma, Child Labour-A socio-legal study, 36 JILI 211, 212(1994). [5] INDIA CONST. art. 21A. [6] INDIA CONST. art. 23. [7] INDIA CONST. art. 24. [8] INDIA CONST. art. 45. [9]People's Union for Democratic v. Union of India &Ors,1982 AIR 1473. [10]Ganesh Ram v. State of Jharkhand, (2006) 110 FLR 156 (Jhar). [11]Jayakumar R. Nair &Anr.v. State Of NCT Of Delhi &Anr,2015 SCC OnLine Del 11489. [12]Court on its own motion [In re: Contagion of COVID-19 Virus in Children Protection Homes], 2020 SCC OnLine Cal 974. (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.)