Child Rights – POSCO, Child Labour Laws, NAPC, etc.
SC ruling on child marriage: why it’s important to go beyond just punishment
Note4Students
From UPSC perspective, the following things are important :
Mains level: Population Issues; Cultural issues in the Society; Child marriage;
Why in the News?
In the recent judgment of Society for Enlightenment and Voluntary Action v. Union of India, the SC has shifted the focus in child marriage cases from punishing criminal acts to addressing the “harm inflicted on the victim.”
What is the law on Child Marriage?
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Why are there concerns about using criminal action to tackle child marriage?
- Although the marriage remains valid unless annulled, related activities are criminalized under PCMA, BNS, and POCSO, such as promoting or performing child marriages and sexual activity with a minor.
- Criminal provisions can lead to charges against the girl’s family members (parents, husband, in-laws), leaving her without support and creating barriers to accessing sexual and reproductive healthcare.
- Studies reveal criminal provisions are used more in self-initiated marriages than arranged ones, overlooking the complexities of these cases.
- Some adolescents may choose marriage to escape abusive environments or forced marriage, often seeing it as a way to assert their agency in a restrictive society.
Why is the SC judgment significant?
- Social and Economic Barriers: Women who leave child marriages often face significant social and economic penalties. The SC judgment proposes skill development, vocational training, economic stability programs, rehabilitation services, and victim compensation to support them.
- Empowering Women in Child Marriages: Some women prefer to remain married but need support to advocate for themselves. The judgment calls for tools to help them make decisions about reproductive rights, employment, and education.
- Sex Education for Adolescents: The judgment emphasizes sex education, equipping young people with skills and knowledge to navigate relationships and improve agency.
- Holistic Approach: By moving away from solely criminal prosecution to focus on empowerment and support, the SC judgment provides a more comprehensive, agency-affirming response to child marriage.
Way forward:
- Strengthen Support Systems: Develop targeted programs for skill training, financial assistance, and rehabilitation to help individuals exit child marriages, promoting economic stability and social reintegration.
- Enhance Education and Awareness: Implement comprehensive sex education and awareness initiatives in communities to empower young individuals and discourage child marriage through informed decision-making and better access to reproductive rights.
Mains PYQ:
Q “Empowering women is the key to controlling the population growth.” Discuss. (UPSC IAS/2019)
Q Customs and traditions suppress reason leading to obscurantism. Do you agree? (UPSC IAS/2020)
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A blueprint for safeguarding children
Note4Students
From UPSC perspective, the following things are important :
Mains level: Crime against venerable section;
Why in the News?
A recent Supreme Court ruling redefines the act of watching and downloading child pornography as a serious crime, rather than merely an adult indulgence.
Effectiveness of Existing Laws:
- Expansion of Legal Scope: The Supreme Court ruling corrected the limited interpretation of the Madras High Court by making downloading and storage of Child Sexual Exploitative and Abuse Material (CSEAM) a crime under the Protection of Children from Sexual Offences (POCSO) Act. This strengthens the legal framework for child protection.
- Shift in Terminology: The judgment reframed “child porn” as CSEAM, emphasizing that it is a severe crime rather than an “adult indulgence,” thereby acknowledging the harm caused to children.
- Mandating Responsibilities for Intermediaries: The court placed stringent obligations on social media platforms to report CSEAM content to authorities in real-time, ensuring compliance with Indian law.
What new measures will be implemented to enhance Child Safety?
- Cybercrime as an Organized Crime: Explicitly defining cybercrimes involving CSEAM as economic and organized crimes in Indian law, including outlawing emerging offenses like AI-generated child sexual abuse content.
- Forensic Lab Establishment: A domestic forensic lab equipped with advanced technology will be set up to handle CSEAM cases, enabling faster response times to flagged content and coordination with law enforcement agencies.
- National Database on Sexual Offenders: Ensuring that individuals prosecuted for possession or sharing of CSEAM are added to a database and prohibited from employment in child-related sectors.
Collaboration among Stakeholders:
- Real-Time Reporting by Social Media Platforms: The judgment mandates social media companies and intermediaries to report instances of CSEAM to law enforcement immediately, facilitating rapid intervention.
- International Cooperation: Calls for the establishment of an International Database of Sex Offenders to strengthen cross-border coordination in tracking offenders. This includes working with international agencies like Interpol to streamline efforts.
- Role of Financial Institutions: Leveraging financial institutions to trace and disrupt the financial transactions that support networks involved in child exploitation.
Educational Initiatives:
- Awareness Programs on Digital Safety: Launching campaigns to educate parents, children, and communities about the dangers of online child exploitation and methods for protecting themselves.
- Training for Law Enforcement and Judiciary: Providing specialized training to authorities on identifying and prosecuting CSEAM cases, including the use of AI in the creation of exploitative material.
- School-Based Programs: Implementing programs in schools to teach children about safe online behavior and recognise signs of potential exploitation.
Way forward:
- Strengthen Legal and Technological Frameworks: Update laws to explicitly classify CSEAM-related cybercrimes as organized crimes and establish a state-of-the-art forensic lab for swift case handling and coordination with global agencies.
- Enhance Prevention and Awareness Initiatives: Implement nationwide digital safety education for children, parents, and authorities, while bolstering collaboration with international bodies and financial institutions to dismantle exploitation networks.
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How Supreme Court strengthened child pornography law?
Note4Students
From UPSC perspective, the following things are important :
Mains level: Effectiveness of POCSO Act;
Why in the News?
In a recent ruling, the Supreme Court has tightened child pornography laws, declaring that viewing, possessing, or failing to report such content is punishable under the Protection of Children from Sexual Offences (POCSO) Act, regardless of whether the material is shared or transmitted.
What is the law in question?
- The Supreme Court expanded the interpretation of Section 15 of the POCSO Act, which deals with “Punishment for storage of pornographic material involving child”.
- In 2019, the POCSO Act was amended to introduce three connected offences under Sections 15(1), (2) and (3) with increasing grades of punishment:
- Any person, who stores or possesses pornographic material involving a child, but fails to delete, destroy or report the same to the designated authority with an intention to share or transmit child pornography.
- Any person, who stores or possesses such material for transmitting, propagating, displaying or distributing in any manner at any time except for reporting or use as evidence in court.
- Any person, who stores or possesses such material for commercial purpose.
- The court refers to these as “inchoate” offences – offences in anticipation or preparation for committing a further criminal act.
About the Case and SC’s Verdict
- Case Background: The Supreme Court was dealing with a case where the Madras High Court had quashed criminal proceedings against a man who had downloaded child pornography but did not share it.
- The High Court had limited its ruling to Section 14 of POCSO (using children for pornography) and excluded Section 15 (punishing possession) since no evidence of sharing existed.
- Supreme Court’s Verdict:
- The SC overturned the Madras High Court’s ruling, expanding the definition of “possession” of child pornography to include “constructive possession”, even without physical storage of the material.
- Viewing, controlling, or exercising knowledge over such material (e.g., watching without downloading) was deemed sufficient for possession.
- The SC stressed that even failing to delete or report such content implies intent to share and is punishable under Section 15(1).
- Even if the accused does not have the material at the time of filing the FIR, they can still be held accountable if they had possessed it “at any point”.
How will such cases be registered?
- Determination of Intention: The court held that the intention (mens rea) of the accused will be determined based on the circumstances, such as how the material was stored or possessed and why it was not reported or destroyed.
- Actions like storing, not deleting, or failing to report child pornography can be used as evidence of intent to share or distribute.
- Role of Police: The police must not limit their investigation to only one sub-section of Section 15. Even if a specific offence isn’t made out, the police should explore the possibility of other violations under different sub-sections.
- Reporting Obligation: The court emphasized the mandatory reporting of child pornography, with penalties for failing to report starting from a fine of Rs. 5,000 and increasing for repeat offences.Failure to report, even after merely viewing child pornographic material, can result in legal consequences.
Conclusion: The Supreme Court’s ruling on the POCSO Act broadened the definition of possession, emphasizing that failure to delete or report child pornography constitutes intent to share, with strict penalties for non-compliance, underscoring the obligation to report such content.
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Trying juveniles as adults is not the answer
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Juvenile Justice (Care and Protection of Children) Act, 2015
Mains level: Laws and Legislations in Debate
Why in the News?
In May, a speeding car, allegedly driven by a teenager, resulted in the deaths of two young techies in Pune.
- The Juvenile Justice Board (JJB) initially granted the minor bail on conditions like writing a 300-word essay on road safety. This decision sparked public outrage and criticism from the Maharashtra Deputy CM.
- Later, the JJB canceled the minor’s bail and sent him to an observation home, which was again challenged in the Bombay High Court.
- The Bombay High Court eventually ordered the release of the minor, stating that the JJB’s remand order was illegal and that the minor should be in the care of his paternal aunt as per the Juvenile Justice Act.
What were the provisions led under the previous Juvenile Justice (Care and Protection of Children) Act of 2015?
| Definitions: |
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| Juvenile Justice Boards (JJBs): |
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| Child Welfare Committees (CWCs): |
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| Adoption Procedures: |
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| Rehabilitation and Social Reintegration: | Section 39 emphasizes the rehabilitation and social reintegration of children in conflict with the law through various measures, including counseling, education, skill development, and community-based programs. |
| Preliminary Assessment for Heinous Offences: | Section 15 mandates a preliminary assessment by the JJB to determine if a child in the age group of 16-18 years accused of committing a heinous offence should be tried as an adult. |
| Children’s Court: | Section 19 provides for the establishment of a Children’s Court to try children in the age group of 16-18 years accused of committing heinous offences. |
| Mandatory Reporting: | Section 19(1) makes it mandatory to report the presence of a child in need of care and protection to the authorities, and failure to do so is a punishable offence. |
| Registration of Child Care Institutions: | Section 41 requires all childcare institutions, whether run by the government or NGOs, to be registered within six months of the commencement of the Act. |
| Penalties: | Chapter XI (Sections 75-85) prescribes penalties for various offences, including the non-registration of childcare institutions and the sale and procurement of children. |
Amendment in 2021
- Empowering District Magistrates: The amendment authorized District Magistrates, including Additional District Magistrates, to issue adoption orders under Section 61 to ensure speedy disposal of cases and enhance accountability.
- Strengthening Child Welfare Committees (CWCs): The eligibility parameters for the appointment of CWC members were redefined, and criteria for disqualification were introduced under Section 28 to ensure that only competent and capable individuals were appointed.
- Categorization of Offences: The amendment categorized offences where the maximum sentence is more than 7 years imprisonment but no minimum sentence is prescribed or the minimum sentence is less than 7 years as “serious offences” under Section 2(54).
- Addressing Implementation Challenges: The amendment introduced changes to remove difficulties arising in the interpretation of various provisions of the Act and to clarify the scope of certain provisions.
Need for Accountability:
- Promoting Justice and Fairness: Accountability ensures that juvenile offenders are held responsible for their actions in a manner that aligns with principles of justice and fairness.
- Preventing Recidivism and Ensuring Rehabilitation: Holding juvenile offenders accountable helps in addressing underlying issues that contribute to their offending behaviour.
- Maintaining Public Confidence and Trust: Accountability in the juvenile justice system enhances public confidence in the legal process and ensures transparency in decision-making.
Conclusion: Implement comprehensive rehabilitation programs that are tailored to the individual needs of juvenile offenders, focusing on mental health support, educational opportunities, vocational training, and family reintegration.
Mains PYQ:
Q Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (2016)
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Safeguarding Children Online: Addressing Tech Risks and Solutions
Note4Students
From UPSC perspective, the following things are important :
Prelims level: DPDP Bill, 2023
Mains level: Children's Online Safety
Introduction
- Recent Congressional hearings, including Meta CEO Mark Zuckerberg’s public apology, shed light on the alarming rise of online child exploitation, prompting global concerns over children’s safety on social media platforms.
- Tech giants face mounting pressure worldwide as parents and activists demand increased accountability and safer online environments for children, highlighting issues beyond privacy concerns to encompass broader security risks.
Risks to Children’s Online Safety
- UNICEF Report Findings: A UNICEF report titled ‘The Metaverse, Extended Reality and Children’ underscores significant risks associated with virtual environments, including exposure to explicit content, cyberbullying, and data privacy violations, which could have profound impacts on children’s well-being.
- Emerging Dangers: Virtual environments and games, while not fully immersive yet, present dangers such as exposure to inappropriate content and exploitation, raising questions about the ethical implications of children’s digital interactions.
Issues Faced by Children Online
- Exposure to Inappropriate Content: Children may inadvertently encounter violent, pornographic, or hate speech content while navigating the internet.
- Online Predators and Grooming: Children face the risk of encountering online predators who exploit social media and gaming platforms to form relationships and groom them for exploitation.
- Cyberbullying: Children can fall victim to cyberbullying, which entails using digital technology to harass, intimidate, or humiliate others.
- Privacy Concerns: Due to a lack of awareness about privacy settings, children may unintentionally disclose personal information online.
- Addictive Behavior: Excessive screen time and prolonged use of digital devices can foster addictive behaviors, impacting children’s mental and physical well-being, academic performance, and social interactions.
Challenges Posed by Generative AI
- Potential Benefits and Pitfalls: Generative AI offers opportunities for creativity and learning but also poses risks, including the spread of disinformation and harmful content that could influence children’s cognitive development adversely.
- Vulnerability to Misinformation: Children, with developing cognitive abilities, are particularly susceptible to misinformation propagated through AI-generated content, raising concerns about the impact on their perceptions and behaviors.
Measures in India: DPDP Bill, 2023
- Definition of Minors: The DPDP Bill defines individuals under the age of 18 as minors. This definition acknowledges that children are particularly vulnerable and deserve additional safeguards for their personal data.
- Data Processing Obligations: The bill places three specific conditions on data processing entities when handling children’s data:
- Obtaining verifiable parental consent: As mentioned above, entities must ensure they have proper consent from a parent or guardian before processing a child’s data.
- Not causing harm to children: Data processing activities should not harm or exploit children in any way.
- Not tracking or targeting ads at children: Entities are prohibited from tracking children’s online behavior for targeted advertising purposes.
- Exemptions: The bill allows the government to exempt certain entities from the requirement of parental consent and tracking and targeting ads for specific purposes. However, such exemptions must be for the best interests of a child.
Way Forward
- Corporate Responsibility: Tech companies must prioritize ‘safety by design,’ integrating measures to protect children’s well-being and privacy into their platforms, guided by principles outlined in the Convention on the Rights of the Child.
- Regulatory Intervention: Governments play a crucial role in periodically assessing and updating regulatory frameworks to address emerging challenges in child safety online, including combating harmful content and behavior.
- Community Engagement: Upholding existing rules and norms that protect children offline should extend to the digital realm, fostering a collective responsibility among stakeholders to create a safer online environment for children.
Conclusion
- Addressing the multifaceted risks to children’s safety online requires collaborative efforts from tech companies, governments, and communities, guided by a shared commitment to uphold children’s rights and well-being in the digital age.
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How coaching culture lets children down
Note4Students
From UPSC perspective, the following things are important :
Prelims level: na
Mains level: detrimental effects of the booming coaching industry on students
Central Idea:
The article discusses the detrimental effects of the booming coaching industry on students’ mental health, educational values, and overall well-being. It emphasizes the need for a shift in focus towards holistic education and the nurturing of students’ inner needs.
Key Highlights:
- Concerns regarding the negative impact of the coaching industry on students’ welfare, leading to suicides and academic disengagement.
- Rise of coaching centres catering to various competitive exams, resulting in students abandoning traditional schooling.
- Lack of policy support for students beyond school, allowing coaching centres to become dominant in shaping students’ education.
- The importance of addressing mental health, learning, and understanding in education, as highlighted in the National Education Policy.
- Critique of the coaching culture for neglecting essential aspects such as sleep, social interaction, and identity development.
- Emphasis on the role of education in understanding and catering to the diverse needs and aspirations of students.
- Advocacy for a shared vision where student well-being is prioritized over mere academic achievement.
Key Challenges:
- Balancing the pressure for academic success with the need for holistic development.
- Overcoming the entrenched influence of coaching centres on students and parents.
- Realigning educational priorities to focus on mental health and emotional well-being.
- Addressing societal expectations that contribute to stress and false expectations among students.
- Encouraging collaboration between schools, parents, and policymakers to foster a supportive educational environment.
Main Terms:
- Coaching industry
- Competitive exams (e.g., NEET, JEE, CUET)
- Mental health
- Holistic education
- National Education Policy
- Identity development
- Academic pressure
- Emotional stability
- Well-being
- Co-agency
Important Phrases:
- “Children are not machines”
- “The role of education”
- “True education is value imparting”
- “Learning is a process”
- “Obsession with coaching”
- “Holistic development”
Quotes:
- “Children are walking away from classroom teaching into coaching centres, often with parental support.”
- “The obsession with coaching will never be able to validate and strengthen new ideas, approaches, and research, required for human flourishing.”
- “Students go to school to become purposeful, reflective, and responsible.”
Useful Statements:
- “If coaching centres are going to be the foundation of these years, then the youth of today will become directionless.”
- “Children suffer from anxiety and are unable to cope.”
- “As a country, we need a shared vision, where well-being is the goal of education and co-agency is a guiding light.”
Examples and References:
- Rise of coaching centres like Kota, which have become parallel systems to traditional schooling.
- Concerns about students opting for dummy schools to focus solely on coaching, neglecting the value of classroom education.
Facts and Data:
- The coaching industry generates Rs 6,000 crore annually and is growing at a rate of 7-10% per year.
- Instances of student suicides linked to academic pressure and coaching culture.
Critical Analysis:
The article effectively critiques the dominance of the coaching industry and highlights the need for a more holistic approach to education. It exposes the negative consequences of prioritizing academic achievement over students’ mental health and overall well-being. However, it could provide more concrete suggestions for addressing these issues and overcoming the challenges posed by the coaching culture.
Way Forward:
- Implement guidelines and regulations for coaching centres to ensure student welfare.
- Strengthen support systems for students beyond academics, focusing on mental health and emotional development.
- Promote collaboration between schools, parents, and policymakers to create a nurturing educational environment.
- Encourage a shift in societal attitudes towards education, valuing holistic development over narrow academic success.
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Why is Child Marriage still high in West Bengal?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Child Marriage
Introduction
- Recent Study Insights: A Lancet study highlights the ongoing challenge of child marriage in India, with significant prevalence in states like West Bengal.
- Focus on Four States: Bihar, West Bengal, Uttar Pradesh, and Maharashtra are noted for their high rates of child marriages, particularly among girls.
Key Findings of the Lancet Study
- Widespread Prevalence: The study reveals that one in five girls in India is married below the legal age, with notable disparities across states.
- Rising Numbers in West Bengal: West Bengal has seen a significant increase in child marriages, with over 500,000 more girls married as children.
Impact of Child Marriage
- Human Rights Violation: Child marriage is recognized as a form of sexual and gender-based violence and a violation of human rights.
- Health Consequences: The practice has detrimental effects on maternal and child health, as evidenced by incidents like infant deaths in Murshidabad.
Policy Interventions in West Bengal
- Kanyashree Prakalpa Scheme: A conditional cash transfer scheme aimed at encouraging education and discouraging child marriage among teenage girls.
- Rupashree Prakalpa: A cash incentive scheme for the marriage of girls, which sometimes counteracts the objectives of Kanyashree.
Challenges in Combating Child Marriage
- Educational Strides vs. Child Marriage: Increased school enrollment of girls in West Bengal has not translated into a reduction in child marriage rates.
- Literacy and Child Marriage Correlation: High literacy rates in certain districts have not led to a decrease in child marriage, indicating complex underlying factors.
- Migration and Social Norms: Migration patterns and social norms contribute to the persistence of child marriage, with families marrying off daughters before migrating for work.
Implementation of Laws and Regulations
- Inadequate Law Enforcement: Despite existing laws like The Prohibition of Child Marriage Act (PCMA), 2006, enforcement remains weak in West Bengal compared to other states.
- Proposed Amendments: Efforts to raise the legal age of marriage for women to 21 years are underway, with the bill referred to a Parliamentary Standing Committee.
Looking Ahead: Strategies for Change
- Need for Comprehensive Approach: Addressing child marriage requires a multi-faceted approach involving panchayats, schools, local communities, and political will.
- District Action Plans: The West Bengal government’s call for district action plans is a step forward, but effective implementation and social campaigns are crucial.
- Enforcing Laws and Raising Awareness: Strengthening law enforcement and raising public awareness are key to reducing child marriage rates in West Bengal and across India.
Conclusion
- Persistent Challenge: Despite policy efforts, child marriage remains a significant issue in India, particularly in states like West Bengal.
- Balancing Incentives and Enforcement: While schemes like Kanyashree and Rupashree aim to address the issue, balancing incentives with strict law enforcement is essential.
- Collaborative Efforts for Change: A collaborative effort involving all stakeholders, along with a strong political commitment, is necessary to effectively combat child marriage and protect the rights of young girls.
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The impact of violence on a child’s mind
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gaza strip
Mains level: education's potential to mitigate the impact of violent imagery children's minds.
Central idea
The article emphasizes the profound psychological impact of the Israeli-Palestinian conflict on children, drawing insights from educational thinkers like Maria Montessori and Elias Canetti. It highlights challenges such as potential long-term repercussions, the failure of current education systems, and the need for inclusive educational initiatives.
Key Highlights:
- Montessori’s Perspective: Maria Montessori’s insights on the impact of childhood experiences, particularly exposure to violence, on the cycle of revenge and its contribution to the root causes of war.
- Canetti’s Argument: Elias Canetti’s exploration of the child’s mind, emphasizing the development of revengeful thoughts from violent experiences and its potential evolution into adult rebellion.
- Israeli-Palestinian Conflict: The psychological aftermath of Israel’s assault on Gaza, with a focus on the predicted impact on Palestinian children, especially adolescents, facing forced displacement and an uncertain future.
- Educational Philosophies: Montessori’s pedagogic philosophy linking childhood experiences to major societal issues and the inter-war movement’s attempt to use education to combat the culture of war.
Key Challenges:
- Psychological Impact: Predicted long-term psychological repercussions on Palestinian children due to the trauma of conflict, displacement, and loss of childhood.
- Failure of Education Systems: Critique of current education systems worldwide for lacking the energy and focus needed to mitigate the political impact of dangerous ideologies and nurture peace.
- Historical Hostilities: The perpetuation of divisive ideas through education, contributing to the reinforcement of historical hostilities in contiguously located hostile nations.
- Political Ignorance: Leaders’ disregard for educational messages promoting peace, as exemplified by Israel’s leaders ignoring Montessori’s insights amid conflict.
Key Examples discussed in article for your value addition in answers:
- Reference to Maria Montessori’s classics, including “The Secret of Childhood” and “The Absorbent Mind.”
- Collection of Montessori’s war and peace lectures during the 1930s in the book titled “Education and Peace.”
- Elias Canetti’s insights in “Crowds and Power,” highlighting the impact of violence on the child’s mind and the development of revengeful thoughts.
- Montessori and Rabindranath Tagore’s involvement in an inter-war movement using education to combat the culture of war.
Key Terms and Phrases:
- Cycle of Revenge: Montessori’s concept that a child’s encounter with violence sets off a cycle of revenge, identified as a root cause of war.
- Resistance to Social Norms: Canetti’s notion that violence experienced in childhood can lead to adult resistance, transforming into rebellion.
- Culture of War: The inter-war movement’s initiative, involving educators like Montessori and Tagore, aimed at using education to combat the culture of war.
- Impact of Dangerous Ideologies: Critique of education’s perceived inability to reverse the political impact of ideologies contributing to conflict.
Critical Analysis:
- Educational Potential: Acknowledgment of education’s potential to mitigate the impact of violent imagery, coupled with frustration over the perceived lack of energy in current education systems.
- Global Disappointment with Education: Growing disappointment with education’s ability to nurture basic good sense, exemplified by the failure to prevent conflicts in Russia, Israel, and the U.S.
- Focus on Politics: Critique of current discussions about the future of Gaza, primarily focused on politics, with a call to include considerations for the future of education in the region.
- Reinforcement of Divisive Ideas: Observation that education often reinforces and perpetuates divisive ideas, preparing the adult mind to accept such ideas as the only way forward.
Way Forward:
- Inclusive Educational Initiatives: Emphasis on inclusive educational initiatives to combat the culture of war and break the cycle of historical influences on children’s minds.
- Integration of Philosophical Perspectives: Advocacy for integrating educational and philosophical perspectives to pave the way for a more peaceful future, particularly in conflict-ridden regions.
- Global Reassessment of Education: Urgent need for a global reassessment of education’s power to inculcate basic good sense and contribute to peace-building.
- Educational Focus in Political Discussions: Call to include discussions about the future of education alongside political considerations in conflict-ridden regions like Gaza and Israel.
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How the mandatory reporting provision under POCSO works?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO Act
Mains level: Read the attached story
Central Idea
- In a recent decision, the Himachal Pradesh High Court ruled that the failure to report sexual crimes against minors is a bailable offence.
- This ruling has raised significant legal questions regarding the interpretation of the Protection of Children from Sexual Offences (POCSO) Act, particularly with respect to the nature of the offence and its implications for pre-arrest bail.
What is the POCSO Act?
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Interpretation of the POCSO Act
- Section 21 of POCSO Act: This section of the POCSO Act mandates the reporting of sexual offences against children. However, it does not explicitly specify whether the offence is bailable or not.
- Reference to CrPC: The court, in its ruling, argued that since the POCSO Act does not provide clarity on the bailability of the offence, it should be determined by referring to the Code of Criminal Procedure (CrPC).
- CrPC Classification: The CrPC classifies offences as either bailable or non-bailable based on the maximum punishment they entail. Offences punishable with imprisonment of less than three years are generally considered bailable and non-cognizable.
- POCSO Act’s Penalty: Section 21 of the POCSO Act prescribes a penalty of imprisonment ranging from 6 months to 1 year. Consequently, this makes it fall within the category of bailable offences under the CrPC.
Case Context
- Allegations: The case in question involved a hotel manager accused of failing to report an offence committed against a minor, as mandated by Section 21 of the POCSO Act.
- Main Accused: The main accused had committed a sexual assault on a minor schoolgirl and recorded a video of the incident in a hotel.
- Legal Charges: The accused faced charges under Sections 376 (Rape) and 506 (Criminal Intimidation) of the Indian Penal Code, as well as Sections 6 and 21 of the POCSO Act, which address aggravated penetrative sexual assault and the failure to report sexual crimes against children.
- Hotel Manager’s Involvement: The hotel manager was also named in the FIR due to the mandatory reporting provision under the POCSO Act.
Mandatory Reporting Under POCSO
- Section 19: Section 19 of the POCSO Act obliges “any person” who apprehends or has knowledge of a sexual offence against a child to report it to the Special Juvenile Police Unit (SJPU) or the police.
- Penalty for Non-Reporting: Section 21 of the POCSO Act prescribes a penalty, including imprisonment, for failing to report such offences.
- Exemptions: Children are not held liable for failing to report sexual offences, and those making false complaints are also exempt from punishment under Section 22 of the Act.
Supreme Court’s Perspective
- The seriousness of Non-Reporting: The Supreme Court has consistently held that the failure to report such cases is a serious crime, emphasizing the importance of reporting child sexual abuse.
- Specific Obligations: In certain cases, the Supreme Court has placed additional obligations on professionals, such as medical practitioners and educators, to report child sexual abuse cases to appropriate authorities.
Balancing Reporting Requirements with Privacy
- SC’s Balance Attempt: In a recent case (X vs The Principal Secretary, Health and Family Welfare Department, Govt of NCT of Delhi), the Supreme Court sought to balance the mandatory reporting provision under POCSO with the confidentiality provision under the Medical Termination of Pregnancy Act, 1971.
- Minors Seeking Medical Termination: The court recognized that minors may seek medical termination of pregnancies resulting from consensual sexual activity, and the mandatory reporting requirement might deter them from approaching qualified doctors.
- Harmonious Interpretation: To ensure that minors’ rights to privacy and reproductive autonomy are protected, the court advocated for a harmonious interpretation of both the POCSO Act and the Medical Termination of Pregnancy Act.
- Exemption for RMPs: The court suggested that registered medical practitioners, upon the request of minors and their guardians, can be exempted from disclosing a minor’s identity and personal details when reporting an offence under Section 19(1) of the POCSO Act or in any ensuing criminal proceedings.
Conclusion
- The Himachal Pradesh High Court’s ruling on the availability of the failure to report sexual crimes against minors has sparked discussions on the interpretation of the POCSO Act and its alignment with the CrPC.
- Furthermore, the Supreme Court’s efforts to strike a balance between mandatory reporting requirements and minors’ privacy rights underscore the complexity of addressing child sexual abuse within the legal framework.
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In news: Mitakshara Law of Succession
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mitakshara School of Law
Mains level: Not Much
Central Idea
- The Supreme Court clarified that children born from void or voidable marriages can inherit the parent’s share in a joint Hindu family property governed by Mitakshara law.
- However, the inheritance rights are limited to the parent’s share and do not extend to other family members’ properties.
Mitakshara School of Law
| History | Originated in ancient India; attributed to Vijnaneshvara, a 12th-century scholar |
| Focus | Interpretation of Yajnavalkya Smriti in matters of family, property, and inheritance law |
| Ancestral Property | Emphasis on joint family property and ancestral property rights |
| Inheritance | Defines rules for succession and inheritance within Hindu families |
| Variations | Different regional interpretations, including the “Dayabhaga” School |
| Regional Influence | Widespread influence on Hindu legal practices, especially in property law |
| Development | Evolved over time and influenced by legal reforms and societal changes |
| Modern Context | Coexists with contemporary legal frameworks and personal laws |
| Significance | Played a significant role in shaping Hindu family and property law |
Nature of Marriages and Law
- A voidable marriage is made invalid by the husband or wife through a decree.
- A void marriage is invalid from the beginning.
- Mitakshara Law of Succession applies to Hindu Undivided Families across India, except West Bengal and Assam.
Ruling Details
- The Supreme Court, headed by Chief Justice D.Y. Chandrachud, clarified that the child from a void or voidable marriage cannot claim rights to other family members’ properties.
- The child’s inheritance rights pertain only to the parent’s share in the ancestral property.
- A “notional partition” is conducted to ascertain the parent’s share immediately before their death.
Inheritance Calculation
- The law assumes a partition of the ancestral property between the deceased parent and other family members before the parent’s death.
- The child’s inheritance is based on the share the parent would have received through this notional partition.
Legal Basis
- Section 16 of the Hindu Marriage Act grants legitimacy to children born from void or voidable marriages.
- The court held that these children have the right to their parents’ property.
- The intent of granting legitimacy to such children in the Hindu Marriage Act is reflected in the Hindu Succession Act.
Impact of Amendment
- The Hindu Succession (Amendment) Act, 2005, allows a deceased person’s share in a joint Hindu family property to devolve to heirs by testamentary or intestate succession.
- Before the amendment, devolution occurred only through survivorship.
- Equal rights of succession are now granted to women as well as men.
Background and Precedents
- The case was centered on Section 16(3) of the Hindu Marriage Act.
- In 2011, a Division Bench of the Supreme Court championed the rights of children born from illegitimate marriages to inherit their parents’ properties.
- The Division Bench emphasized that these children deserve the same rights as those born from valid marriages.
Conclusion
- The concept of legitimacy evolves with changing social norms.
- The court observed that what was considered illegitimate in the past may be legitimate today.
- Children born from void or voidable marriages should not be denied inheritance rights based on evolving social consensus.
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Digital Birth Certificates to streamline Official Documentation
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Registration of Births and Deaths Act, 1969
Mains level: Read the attached story
Central Idea
- India has tabled Registration of Births and Deaths (RBD) Amendment Bill, 2023 to introduce digital birth certificates that will serve as comprehensive documents for various essential purposes.
About RBD Bill, 2023
- It amends the Registration of Births and Deaths Act, 1969.
- The Act provides for the regulation of registration of births and deaths.
Key Points from the Bill
- National Database: The Bill mandates the appointment of a Registrar General of India to maintain a national database of registered births and deaths. State-level databases will also be maintained by Chief Registrars, connected to the national database.
- Aadhaar Integration: Specified persons reporting births must provide Aadhaar details of parents and informants, expanding to include adoptive parents, biological parents in surrogacy cases, and single parents or unwed mothers.
- Digital Registration: The proposed Bill aims to introduce digital registration and electronic delivery of birth and death certificates, streamlining services for the public.
- Mandatory Death Certificates: Medical institutions must provide certificates regarding the cause of death for deaths occurring within their premises.
- Quick disbursal of Certificates: The Registrar must provide birth and death certificates to the person who registered the event within 7 days of registration.
- Appeal Process: Individuals dissatisfied with the actions or orders of the Registrar or District Registrar may appeal to the District Registrar or Chief Registrar, respectively, within 30 days of receipt. The decision on the appeal must be given within 90 days.
- Child adoption ease: The Bill seeks to collect Aadhaar details to facilitate registration for adopted, orphaned, abandoned, surrendered, surrogate, and children of single parents or unwed mothers.
- Integration with National Population Register (NPR): The database generated through the CRS will also be used to update the NPR, ration cards, and property registration records, enhancing the effectiveness of the NPR and laying the groundwork for the National Register of Citizens (NRC).
Conclusion
- India’s move towards digital birth certificates marks a significant milestone in streamlining administrative processes and public services.
- By adopting a centralized system for registration and digital delivery of certificates, the country aims to improve efficiency and transparency in accessing various essential services.
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UNESCO endorses Banning Smartphones from Schools
Note4Students
From UPSC perspective, the following things are important :
Prelims level: GEM Report
Mains level: Read the attached story
Central Idea
- The UNESCO has released Global Education Monitoring (GEM) Report 2023.
- The report warned against the negative impacts of excessive screen time on children’s well-being and academic performance.
What is UNESCO? |
|
| Full Name | United Nations Educational, Scientific and Cultural Organization |
| Established | November 16, 1945 |
| Headquarters | Paris, France |
| Director-General | Audrey Azoulay |
| Purpose | To promote peace and security through international cooperation in education, science, culture, and communication. |
| Functions | – Promoting education for all
– Supporting scientific research – Safeguarding cultural heritage – Fostering freedom of expression – Promoting media development |
| Membership | Over 190 member states |
| World Heritage Sites | Over 1,100 designated sites worldwide |
| Languages | Official languages: Arabic, Chinese, English, French, Russian, Spanish
Working languages: English, French |
About Global Education Monitoring Report 2023
- Established in 2002, the GEM Report is an editorially independent report, hosted and published by UNESCO.
- At the 2015 World Education Forum, it received a mandate from 160 governments to monitor and report on progress on education SDG 4.0.
- The report provides in-depth analysis and assessment of key education issues and challenges worldwide.
- It also offers evidence-based insights and policy recommendations to improve education systems and outcomes.
Concerns raised in the report
- Ills of digital learning: The report highlights that learning benefits diminish if technology is used excessively or without qualified teachers’ involvement.
- Equitable Learning: The report reveals that inequities in learning emerge when instruction becomes exclusively remote, affecting vulnerable students, especially in rural areas.
- Evidence-based Approach: The report urges for sound, impartial evidence on technology’s impact in education, as most available evidence originates from technology companies and may be biased.
- Long-term Costs and Sustainability: Countries need to consider the long-term costs of digital learning and connectivity. The expansion of the Edtech market should not overshadow unmet basic education needs.
- Threats posed by AI: The growth of generative AI and technology necessitates digital literacy and critical thinking skills.
- Protecting Children’s Rights: During the pandemic, many online education initiatives risked infringing on children’s rights.
Key endorsements: Banning smartphones in schools
- The report endorses banning smartphones in schools if technology integration does not improve learning or negatively affects student well-being.
- Research indicates that banning mobile phones from schools can lead to better academic performance, especially among low-performing students.
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Child, law, and consensual sex
Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO Act
Mains level: Recent high court orders related to consent and the age of consent, issues, impact and measures
What’s the news?
- The recent High Court decisions have brought to the forefront the complexities surrounding consent and the age of consent under POCSO.
Central Idea
- In recent months, several High Courts have either quashed FIRs or acquitted accused persons under the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing consensual sex as the reason. These decisions raise critical questions about the interpretation of consent and the age of consent, necessitating a thorough examination to ensure the best interests of the child.
Defining consent and the age of consent
- Consent:
- In the context of sexual relationships, consent is an explicit and voluntary agreement between individuals to engage in sexual activity. It must be given without any form of coercion, manipulation, or pressure.
- The concept of consent is crucial in promoting healthy and respectful relationships and preventing sexual misconduct.
- Age of Consent:
- The age of consent is a legal designation that specifies the minimum age at which an individual is considered capable of providing informed and lawful consent to engage in sexual activities.
- In the case of the Protection of Children from Sexual Offences (POCSO) Act, 2012, a child is defined as any person below the age of 18 years.
- Acts of penetrative sexual assault committed on children are considered criminal offenses under this act, regardless of their consent.
Recent High Court decisions regarding cases related to the POCSO Act
- Delhi High Court (July 12): The court granted bail to a 25-year-old accused, reasoning that the 15-year-old girl had eloped with him on her own and did not support the prosecution’s claim of sexual assault.
- Bombay High Court (July 10): The court quashed the conviction of a 25-year-old man under POCSO, stating that he had engaged in consensual sex with a 17-year-old girl. The girl had terminated her pregnancy after the accused was arrested.
- Madras High Court (July 7): The court quashed an FIR registered under POCSO and all related criminal proceedings. Furthermore, it directed the Director General of Police to produce reports of all such pending cases before the Court.
- Madhya Pradesh High Court (June 27): The court quashed an FIR registered under POCSO and all criminal proceedings, stating that the sexual relationship was consensual. The judgment did not mention the age of the accused, who happened to be the coach of the victim. Additionally, the Court recommended that the Indian government consider reducing the age of consent of the prosecutrix from 18 to 16 years.
Challenges and concerns over the recent High Court decisions
- Interpretation of Consent: One of the significant challenges lies in the interpretation of consent in cases involving minors. While the age of consent is legally defined as 18 years in India under POCSO, some High Courts acquitted accused individuals based on the premise of consensual sex, even when the victims were below the age of 18.
- Age Disparity: In some of the cases, there was a considerable age difference between the prosecutrix (the victim) and the accused. Despite this age disparity, the courts did not take it into account while delivering their judgments.
- Deterrence Factor: The harsh minimum imprisonment terms under POCSO for sexual offenses against minors, such as 10 years and 20 years for penetrative sexual assault and aggravated penetrative sexual assault, respectively, may have influenced the reluctance of courts to convict accused individuals in consensual sex cases.
- Legal Presumption: POCSO includes a mandatory legal presumption in favor of the victims. However, in some of the recent judgments, the High Courts did not consider this presumption, leading to questions about the application of the law in protecting the interests of the child victims.
- Child Welfare: The primary objective of POCSO is to safeguard children from sexual offenses, irrespective of consent. The recent decisions have sparked debates about whether these judgments truly serve the best interests of the child, or if they may unintentionally undermine the protective intent of the law.
- Need for Judicial Consistency: Inconsistencies in judgments by different High Courts create uncertainty in the legal system. Ensuring consistency in interpreting the law is essential for upholding the ‘Best Interests of the Child’ and maintaining public trust in the justice system.
Role of the Supreme Court in resolving the discrepancies
- As reducing the age of consent falls under the jurisdiction of Parliament, the Supreme Court must play a crucial role in resolving the discrepancies between the laid-down law and the various interpretations by different High Courts.
- This is particularly relevant given the Supreme Court’s previous judgment in Independent Thought v. Union of India (2017) wherein it held that even sexual intercourse with a minor wife is rape
Steps to address these gaps quickly
- Analyze Cases: The Bureau of Police Research and Development should analyze cases of consensual sex, age-wise, across different states. This analysis can help the Central government make informed decisions regarding the age of consent and its potential reduction.
- Reduce Harsh Minimum Imprisonment: The minimum imprisonment terms for sexual offenses under POCSO should be re-evaluated. Instead of acting as a benefit to the accused, the punishment should act as a deterrent and ensure justice for child victims.
- Judicial Leeway in Age of Consent: Consider granting some leeway to the judiciary in interpreting consent in cases where the victim is of lower age based on the child’s understanding of consequences. This would allow for a more nuanced approach to cases involving minors.
- Uphold the Best Interest of the Child: The ‘Best Interests of the Child’ principle should be a guiding factor in all decisions related to POCSO cases. The welfare and well-being of the child victims should be the paramount consideration.
- Supreme Court Intervention: The Supreme Court must intervene promptly to address the gap between the laid down law and the different interpretations by the High Courts. Its role is crucial in ensuring consistency and uniformity in the application of the law.
- Legislative Review: The Parliament should consider reviewing the age of consent in light of the recent High Court decisions and expert analyses. Any potential reduction in the age of consent should be done thoughtfully, with the ‘Best Interests of the Child’ as the primary concern.
- Public Awareness: Launch public awareness campaigns to educate the public about the importance of protecting children from sexual offenses and the legal rights of child victims.
- Specialized Training: Provide specialized training to judges, prosecutors, and lawyers on child protection laws and the Best Interests of the Child principle to enhance their understanding of the unique needs and vulnerabilities of child victims
Conclusion
- Striking a balance between protecting children from sexual assault and considering their understanding of consent is essential. It is imperative for the Supreme Court and the legislature to address this issue promptly to ensure the welfare and safety of children across the country.
Also read:
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Scheme to support Minor Rape Victims
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mission Vatsalya
Mains level: Not Much
Central Idea
- The Centre has introduced a special scheme to provide medical, financial, and infrastructural support to minor rape victims who become pregnant as a result of sexual assault.
Supporting Minor Rape Victims
- The scheme, operating under the Nirbhaya Fund, aims to address the needs of minor victims and has been allocated ₹74.1 crore in funding.
- The Ministry of Women and Child Development has collaborated with State governments and Child Care Institutions (CCIs) to implement this initiative.
- It leverages the existing administrative structure of Mission Vatsalya, which focuses on child protection and welfare.
Objectives of the Scheme
- Integrated Support: The scheme aims to provide comprehensive assistance and support to girl child victims in a single framework.
- Range of Services: Immediate and non-emergency services include access to education, police assistance, healthcare (including maternity, neo-natal, and infant care), psychological support, and legal aid.
- Insurance Coverage: The scheme offers insurance coverage for the minor victim and her newborn,
Eligibility and Coverage
- Criteria: Victims eligible for support under the scheme are girls below 18 years of age who become pregnant due to rape under the provisions of the POCSO Act and are either orphans or abandoned by their families.
- No Mandatory FIR Requirement: Victims do not need to possess a copy of the First Information Report (FIR) to avail benefits under the scheme.
Other initiatives
- Establishment of POCSO Fast-Track Courts: The government has set up 415 fast-track courts across the country to expedite the legal proceedings for minor victims of rape.
- Additional Support: The new scheme complements the judicial measures by providing comprehensive support to minor victims.
Need for Support
- High Incidence of Cases: The National Crime Records Bureau reported 51,863 cases under the Protection of Children from Sexual Offences (POCSO) Act in 2021.
- Predominantly Girls as Victims: Analysis reveals that 99% of the cases involved girls, many of whom experience physical and mental health concerns when they become pregnant as a result of the assault.
- Vulnerable Situations: Some victims are disowned or abandoned by their families, while others are orphans, exacerbating their challenges.
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Strict Compliance in Reporting Offences under POCSO Act
Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO Act
Mains level: Read the attached story
Central Idea
- HC orders strict compliance: The High Court of Karnataka emphasized the need for strict compliance with Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, particularly by doctors, to prevent offenders from escaping legal consequences.
- Responsibility of Stakeholders: The court highlighted that all stakeholders, including doctors, have a responsibility to report offences under the POCSO Act.
Protection of Children from Sexual Offences (POCSO) Act |
|
| History | Enacted in 2012 |
| Purpose and Scope | Legal protection to children from sexual offences, exploitation, and abuse. |
| Safeguarding Children’s Rights | Addresses various sexual offences including assault, child pornography, and harassment to safeguard children’s well-being. |
| Age of Consent | Any sexual activity with person under 18 is deemed an offence, regardless of minor’s consent. |
| Child-Friendly Approach | Implements child-friendly procedures for investigations, minimizing trauma and ensuring safety and welfare. |
| Reporting Obligations | Requires stakeholders, including doctors, to promptly report suspected cases of child sexual offences. |
| Enhanced Punishments | Prescribes stringent punishments and fast-track courts for expediting legal proceedings and delivering justice. |
| Support for Victims | Emphasizes support, rehabilitation, and counseling services for victims, along with child-friendly courtrooms. |
| Awareness and Prevention | Focuses on creating awareness, preventive measures, and educating children, parents, and communities on child protection. |
| Continuous Amendments and Enhancements | Undergoes periodic amendments to strengthen the legal framework and adapt to evolving challenges in protecting children. |
Why in the news?
- Chargesheet against Medical Practitioner: The chargesheet filed against a doctor was not quashed by the court. He was charged for failing to report an offence under the POCSO Act.
- Treatment of a Minor: The case involved the medical treatment of a girl who was admitted to the hospital following an abortion caused by the consumption of a termination of pregnancy tablet.
- Addressing Consensual Sexual Activity and Abuse: Strict compliance with reporting obligations is crucial to ensure that offences arising from consensual sexual activity, rape, or sexual abuse against children are properly addressed under the law.
Age Discrepancy and Offence Details
- Age Discrepancy: The girl’s age, initially recorded as 18 years and three months in hospital documents, was later revealed to be around 12 years and 11 months in the complaint under the POCSO Act.
- Sexual Intercourse and Abortion: The complaint alleged that the girl was forced to have sexual intercourse by her 21-year-old boyfriend, who administered a tablet to terminate the pregnancy, leading to heavy bleeding.
- Complaint Timing: The POCSO Act complaint was filed approximately two months after the girl’s treatment at the petitioner’s hospital.
Court’s Analysis and Trial Testing
- Doctor’s Disbelief Claim: The court rejected the doctor’s contention that he had no reason to disbelieve the individuals who brought the girl to the hospital and claimed she was 18 years and three months old.
- Observations on Doctor’s Experience: The court found it highly improbable that the doctor, with 35 years of experience as a gynaecologist, did not recognize that the victim was of tender age.
- Testing in Trial: The court emphasized that the doctor’s claim of ignorance regarding the victim’s age would be examined during the trial proceedings.
Importance of Reporting by Doctors
- Ensuring Accountability: Strict compliance with reporting obligations by doctors is essential to hold offenders accountable for their actions under the POCSO Act.
- Preventing Offenders from Escaping Justice: Failure to report offences, especially by medical practitioners, can allow offenders to evade legal consequences and perpetuate harm against children.
- Safeguarding Child Welfare: Timely reporting of offences by doctors is crucial to protect the welfare and rights of children who may be victims of sexual abuse or exploitation.
Need for State Intervention and Direction
- State’s Role in Enforcement: The court highlighted the necessity for the state to intervene and direct strict compliance with Section 19 of the POCSO Act, specifically by doctors involved in medical termination of pregnancy for minors in extenuating circumstances.
- Preventing Offences in Extenuating Circumstances: By ensuring strict compliance, the state can prevent offenders from exploiting extenuating circumstances, such as medical termination of pregnancy, to escape the legal repercussions of their actions.
Way Forward
- Training and Sensitization: Specialized training programs should be conducted to sensitize doctors about identifying signs of child abuse and reporting suspicious cases promptly.
- Streamlined Reporting Mechanisms: Establishing streamlined and confidential reporting mechanisms within the healthcare system can facilitate the reporting process and encourage doctors to fulfill their reporting obligations.
- Collaboration and Coordination: Effective collaboration between healthcare professionals, law enforcement agencies, and child protection authorities is crucial to ensure a coordinated response in cases involving child sexual offences.
- Stringency against non-Compliance: Implementing stringent consequences for doctors who fail to report offences can serve as a deterrent and reinforce the importance of fulfilling reporting obligations.
- Monitoring and Evaluation: Regular monitoring and evaluation of the reporting system can identify gaps, challenges, and areas for improvement to strengthen the reporting process and enhance child protection measures.
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State of Child Custody Cases abroad
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Child custody issues
Central idea:
- Activists are calling on the Ministry of External Affairs (MEA) to take a stronger interest in child custody cases in Western countries.
- The call comes as the movie Mrs. Chatterjee vs Norway, which focuses on the diplomatic row between India and Norway in 2011.
- The movie sheds light on cases where parents lose custody of their children over cultural differences in their upbringing.
Child Custody norms in India
|
The story beyond: Bhattacharya Case
- The movie depicts real life story of a Bengali couple who had moved to Norway in 2007.
- Their child reportedly developed ‘autism-like’ symptoms in his early years and was placed in a family kindergarten.
- The family was reportedly under watch for months by the child welfare service and in May 2011, the authorities took away the couple’s children under the pretext of bad parenting.
- Finally the Norwegian authorities took the child away to their shelter home for almost 14 months.
What accounts to ‘bad’ parenting in Norway?
- Hand feeding: Norwegian authorities raised objection to the family hand-feeding the baby and equated it to force-feeding.
- Child sleeping with parents: They also had problems with children sleeping on the same bed as their parents- something that is very common in Indian households.
- Ban on physical discipline: Charges against the parents also included a slap by the parents – just once. Even mild physical discipline, such as a slap, is considered illegal in Norway.
- Lack of recreation: Authorities accused the couple that the children did not have enough room to play. They were also accused of providing “unsuitable” clothes and toys to their children.
About Norway’s Child Welfare Services
- The Child Welfare Services in Norway is commonly known as Barnevernet and is responsible for child protection in the country.
- The organization is very strict about child protection and applies strict regulations for all citizens living in the country, regardless of their cultural background.
- The primary responsibility of the Child Welfare Services is to implement measures for children and their families in situations where there are special needs in relation to the home environment.
- Assistance is provided through counseling, advisory services, and aid measures, including external support contacts, relief measures in the home, and access to daycare.
The Bhattacharya Case and Diplomatic Row
The case of the Bhattacharya couple, whose children were taken away by Barnevernet, caused a diplomatic row between Norway and India. The Bhattacharya had appealed to the foreign ministry to intervene in the case where the Child Welfare Services had taken their children away from them.
- Bias against non-citizens: The couple was accused of mistreating their children, but some claimed that the decision was biased against non-Norwegian citizens.
- State kidnapping of children: Human rights activists in India, called the incident “state kidnapping”.
- Labelling parents for being of unsound mind: In almost every case, they claim that one of the parents has a mental problem just to make their case stronger.
How did Norway response?
- After a diplomatic row between the two countries, the Norwegian authorities decided to award the custody of the children to their father’s brother, enabling him to bring them back to India.
Way forward
- The case highlights the need for transparent and unbiased decision-making processes in child welfare services, especially in cases involving non-native citizens.
- While child protection is of utmost importance, the authorities must ensure that their actions are fair, just, and not biased against any particular group or culture.
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Child Marriage And The Role of Education: Analysis
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Child marriage, Reasons, Challenges and solutions
Central Idea
- When the Assam government launched a massive crackdown on child marriage, social activists pointed out that the root of the problem, i.e., limited access to education among women, is not being sufficiently addressed. National Family Health Survey (NFHS) data show that higher education levels could play a greater role than wealth in delaying a woman’s marriage. The data also reflect wide variations between the marital age of rural and urban women, and Dalit and upper-caste women.
Does education or wealth play a greater role in determining when a woman gets married?
- Education is significant: Education has a longer history of being significant in delaying a woman’s marriage.
- For instance: Depending on National Family Health Survey (NFHS) data, education has had a steady influence, while poverty has had an increasing influence over time.
- Poverty: Poverty is the greatest determinant of early marriage as the poor do not want to wait due to the increasing demand for dowry. Wealthier people are no longer marrying their daughters early.
What role does marriage play in India?
Marriage plays a significant role in India as it serves multiple purposes.
- Most significant institution: It is considered the most significant institution for daughters as it fulfills the family’s responsibility towards them. For sons, the responsibility is to settle them in a job, which will hopefully lead to marriage.
- Social identity: Marriage is crucial for social identity, and a woman who remains single is an anomaly because almost everyone gets married.
- Sexual respectability: marriage is essential for sexual respectability as those who wish to have social respect have sexual relationships within marriage.
- Legitimate children: Marriage provides the option to have children, and having a child without a husband is completely unacceptable in the Indian context.
What advantages that families see in getting women married earlier instead of educating them further?
- Dowry: This dowry can be a significant financial burden for families, and getting their daughters married early may be seen as a way to reduce this expense. The more educated a girl, the more the boy has to be educated too and the higher the dowry.
- Transfer of responsibility: Families feel there is the responsibility of protecting her sexually before marriage. And that responsibility gets transferred to the boy’s family. After marriage, the girl goes to live with her husband’s family, so why spend on her education?
- Maintenance of caste and community lines: In some cultures, marrying within one’s own caste and community is essential to maintain social status and cultural traditions. Early marriage may be seen as a way to ensure that women are married within their caste and community and preserve cultural practices.
Women are increasingly getting access to education. Does this result in more empowerment?
- Advantages of Women’s Access to Education:
- Education provides women with knowledge and skills that lead to greater empowerment and the ability to make informed decisions about their lives.
- Educated women are more likely to participate in the workforce, earn higher wages, and have better health outcomes.
- Access to education can challenge traditional gender norms and stereotypes, creating new opportunities for women and girls.
- Education can increase women’s bargaining power within their families and communities, allowing them to negotiate for better living conditions, higher earnings, and greater autonomy.
- Challenges in Women’s Employment
- The female labor force participation rate is low at 25%, and job losses have been especially harmful to women.
- Despite increased access to education, there is a high proportion of educated but unemployed women.
- Women who enter the corporate sector often face hostility or are unable to balance domestic expectations with work demands.
- The conjugal contract between men and women remains largely unchanged, with women assuming the majority of domestic burdens and men often having power over family decisions.
- Impact of Age of Marriage
- Increasing the age of marriage may not automatically lead to greater empowerment, autonomy, or freedom for women.
- While delaying marriage may provide women with more opportunities to pursue education and careers, there is still a significant gender gap in employment and earnings.
- Low and declining employment rates may also result in a greater burden on marriage as a means of economic security.
Why women in SC/ST/OBC communities get married at younger age than even those in rural India?
- Socio-economic factors: Women in SC/ST/OBC communities tend to get married at younger ages than even those in rural areas due to a combination of social and economic factors.
- Sense of social disadvantage: Families who belong to these groups experience a sense of social disadvantage in the marriage market, but they are also often poor, with lower wealth quintiles being disproportionately populated by SC, ST, and OBCs.
- Caste and poverty: There is a fair deal of correlation between caste and poverty in these communities, with many lacking decent work and being vulnerable to violence from those higher in the hierarchy.
- Vulnerability: Girls from these communities are even more vulnerable to such issues, with Dalit girls being particularly susceptible to sexual predators as young upper-caste men feel that they have a right of access.
- Marriage as protection: Marriage can be seen as a form of protection for girls from these communities, but the issue of early marriage is complex and influenced by a range of factors.
Conclusion
- The issue of child marriage in India is complex and deeply rooted in societal norms, poverty, and caste systems. Despite the progress in education and women’s empowerment, there are still challenges. The issue of child marriage requires a comprehensive approach that addresses the underlying societal and economic factors that perpetuate the practice.
Mains Question
Q. Discuss the role of education and wealth in determining the age at which women get married in India.
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Crackdown against child marriage in Assam
Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO
Mains level: Child marriage issue and associated problems
Context
- The United Nations Sustainable Development Goals call for global action to end human rights violations by 2030. There has been tremendous development in India on that front, as seen, for example, in the decline in child marriage from 47.4 per cent in 2005 to 23.3 per cent in 2021. The year 2021 also marked a 50 per cent decline in child marriage in South Asia.
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Why in news?
- Assam Chief Minister Himanta Biswa Sarma has launched a state-wide crackdown against child marriage.
- Booking men marrying girls below 14 years of age under the Protection of Children from Sexual Offences (POCSO) Act, and those marrying girls aged 14-18 under the Prohibition of Child Marriage Act.
- The CM has also announced that the police will retrospectively book people who participated in child marriage in the last seven years.
Background: Data from Assam
- Maternal mortality rate in Assam: According to data given by the Registrar General of India in 2022, Assam has the highest maternal mortality rate in the nation, with 195 fatalities per one lakh live births in the years 2018 to 2020.
- Infant mortality rate in Assam: With 32 newborn deaths for every 1,000 live births, Assam has the third highest infant mortality rate, according to the National Family Health Survey-5.
- Government’s aim to address the issue: The Assam government has declared that its aim is to confront the high maternal mortality and infant mortality rates in the state, which it has linked to early motherhood.
What is Child Marriage?
- Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
- The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Effect of Covid-19 Pandemic
- According to estimates by UNICEF, 10 million more girls were at risk of becoming child brides globally because of the pandemic, affecting the prosperity and growth of communities and nations for generations.
- India has been working to ensure it doesn’t lose the momentum gained in dealing with the scourge of child marriage.
How child marriage is negatively correlated to national development?
- Impact on basic rights: Child marriages deny a child his/her basic right to education, health, and the freedom to build full, thriving lives.
- Increased susceptibility to abuse and violence: There is overwhelming evidence that child marriage renders girls more susceptible to abuse, violence, and exploitation.
- Gender Inequality: Child marriage is a gendered form of violence a cause and effect of gender inequality and discrimination and is a significant challenge facing girls and their families throughout the developing world.
- Disturbed childhood: Child marriage conclusively devastates a girl’s childhood, saddling her with adult responsibilities before she is physically and mentally mature.
- Increased risk of forced pregnancy and maternal mortality: With little bodily autonomy, child brides are more likely to undergo forced pregnancy, increasing the likelihood of maternal and infant mortality.
- Negative effect on education: A girl’s education is less likely to be valued evidence is clear that girls with less education are more likely to marry young, and child marriage typically ends a girl’s education.
- Support systems declines: The lack of education and isolation from peers further shrink a child bride’s support systems. Without skills or mobility, her ability to overcome poverty for herself and her children is hindered.
- Negative impact on community and national development: These social and economic vulnerabilities that child brides live with impinge on their ability to contribute to their community’s and country’s growth and development.
- Intergenerational consequences: They are also more likely to experience intimate partner violence and have worse economic and health outcomes than their single peers, which eventually trickles down to their own offspring, placing further strain on the nation’s ability to offer quality healthcare and education.
Prevalence of child marriage in India
- Though legislation prohibiting child marriage in India has been in place since 1929, the majority of child brides in the world 223 million of them, or one-third of the total live in India.
- Despite it being illegal for girls under the age of 18, and for boys under the age of 21, to marry in India under the Prohibition of Child Marriage Act, 2006, the UNFPA-UNICEF estimates indicate that at least 1.5 million underage girls get married annually here.
- Ending the practice of child marriage is crucial to address the several human rights violations that stand in the way of gender equality for girls.
Understanding the key drivers behind child marriage is necessary to combat it
- Common reasons: While the origins of the practice differ across nations and cultures, it is perpetuated by poverty, lack of educational opportunities, and limited access to healthcare.
- Financial burden: Some families choose to marry off their daughters in order to reduce their financial burden. Other reasons cited are shrinking living spaces and increasing concerns about adolescent girls’ safety.
- Mentality of securing daughter’s future: Families also act in this manner because they think it will protect their daughters’ futures. The practice is also supported by gender roles and marriage-age norms, stereotypes, and the socioeconomic risks of unmarried pregnancies.
Conclusion
- Though legal protections and their strict implementation are important, they form only one part of the solution. To end child marriages, state and non-state actors alike must put girls, across the diverse spectrum of society and marginality, at the centre of the solution. The state can penalise and criminalise the act, but society at large has the important role to play.
Mains question
Q. Highlight the key drivers behind child marriage and Discuss how child marriage is negatively correlated to national development?
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Child Marriages and Personal Laws
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Child Marriages
The Supreme Court has decided to examine whether girls as young as 15 years can enter into wedlock on the basis of custom or personal law when such marriages constitute an offence in statutory law.
Why discuss this?
- Under the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954 and Hindu Marriage Act, 1955, the minimum age of marriage for a man is 21 years and for a woman is 18 years.
- However, under the Muslim personal law in India, which continues to remain uncodified and unconsolidated, persons who gave attained puberty are eligible to get married i.e. on attaining the age of 15 years.
- The Prohibition of Child Marriage (Amendment) Bill, 2021 has sought to amend the Prohibition of Child Marriage Act, 2006, to increase the minimum age of marriage for women from 18 to 21 years.
What is Child Marriage?
- Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
- The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Reasons behind its prevalence
- Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
- Norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached puberty.
- Crisis: Conflict increases the inequalities that make girls vulnerable to child marriage – and its consequences. Families may arrange marriages for girls, believing marriage will protect their daughters from violence.
Issues with Child Marriage
(1) Social implications
- Impacts girl child more: Globally, the prevalence of child marriage among boys is just one sixth that among girls.
- Leads to deprivation: Child marriage robs girls of their childhood and threatens their lives and health.
- Exclusion: The practice can also isolate girls from family and friends and exclude them from participating in their communities, taking a heavy toll on their physical and psychological well-being.
- Academic loss: Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school.
(2) Health issues
- Life threats: Child brides often become pregnant during adolescence, when the risk of mortality during for themselves and their infants.
- Forced pregnancy: Girls are forced into adulthood before they is physically and mentally ready. This is the main cause of global prevalence of malnutrition.
(3) Economic impacts
- Child marriage negatively affects the Indian economy and can lead to an intergenerational cycle of poverty.
- It suddenly pulls out the children involved out of workforce before they grow as adult.
- Girls and boys married as children more likely lack the skills, knowledge and job prospects needed to lift their families out of poverty and contribute to their country’s social and economic growth.
What is the situation in the world?
- According to data from UNICEF, the total number of girls married in childhood stands at 12 million per year.
- It strives to end the practice by 2030 — the target set out in the Sustainable Development Goals.
Where does India stand?
GOOD: Declining trend
- There is a growing trend for a decline in the overall prevalence of child marriage.
- In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade.
- In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.
BAD: State-wise disparity is very higher
- However, 3% is still a disturbingly high percentage in a country with a population of 141.2 crore.
- Some states have a higher prevalence than the national average — West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18 (NFHS).
- In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16.
Laws and policy interventions in India
- There are crucial laws that aim at protecting children from violation of human and other rights including the-
- Prohibition of Child Marriage Act, 2006 and
- Protection of Children from Sexual Offences Act, 2012
- Raising the age of marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet.
- Beti Bachao Beti Padhao Scheme: It aims to address the issue of the declining child sex ratio image (CSR).
- Kanyashree scheme: West Bengal’s scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school, and UP has a scheme to encourage girls to go back to school.
Way forward
- Ensure education: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
- Upskilling: Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
- Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.
Conclusion
- A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability.
- In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.
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Online child sexual exploitation and abuse (OCSEA).
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Tackling online child abuse, Challenges and efforts.
Context
- With the increasing popularity of social media platforms, utilisation of education apps and shift to online classes, children these days have a much higher chance of being exposed to harmful content. Hence, the need to secure children’s welfare and safety online is more urgent than ever.
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Online Child Sexual Abuse
- Definition: Online child sexual abuse and exploitation refers to activities such as the production and distribution of child sexual abuse material (CSAM), live streaming sexual assault of minors, obtaining sexually explicit material, exhibitionism and meeting the abuser in-person.
- Psychological harm to children: This poses serious harm to children who experience psychological stress such as anxiety, trauma, and depression.
- Behavioural changes: It can also lead to behavioural changes like drug and alcohol abuse, self-harm, and lower motivation for academics.
- Problems in adult life: It doesn’t end there, as the consequences of online sexual abuse in childhood are far-reaching and may well extend into adulthood bringing forth issues with intimacy and affecting interpersonal relationships.
Challenges in tackling online abuse
- Encryption and anonymity: The rapidly evolving digital landscape and advances in information technology have given rise to better encryption services and the dark net, which provide a safe cover of anonymity to offenders, allowing them to engage in child sexual abuse.
- Pace of response is still slow: Needless to say, the danger and complexity of online abuse has escalated at an alarming rate and needs to be dealt with swiftly. Moreover, the ubiquitous nature of the internet and online interaction has made it so that almost all cases of child sexual abuse feature a virtual aspect. Therefore, a broad perspective and a systems-level approach should be considered when deciding on strategies to tackle online child sexual exploitation and abuse (OCSEA).
- Limited capacity of police: Broadly speaking, the main administrative challenges when dealing with OCSEA are limited law enforcement capacities, gaps in legislative framework, and a lack of awareness and urgency around the issue.
- Understaffing of workforce: The workforce in relevant social welfare organisations is understaffed. The need of the hour is close collaboration between non-traditional partners from the industry, government ministries dealing in technological communication, and law enforcement. Provisions should be in place to prevent future cases and safeguard the victims or survivors.
Efforts by India in fighting OCSEA
- Improved mechanism and new tools: India have made a significant effort to tackle the wave of rising OCSEA cases in recent years. Not only has it improved the mechanism for reporting online offences against children, but it has also developed new tools and software to control and remove the presence of CSAM on social media and other platforms.
- Sensitise school and boosting capacity: Efforts have also been made to sensitise schools and boost the technological capacity of law enforcement agencies to further deal with the issue. Although this four-pronged model has shown some promising results, it is surpassed by the exponential rise in cases across the country.
What are steps that can be taken?
- Evaluate and improve the governance systems: It is imperative to evaluate and improve the effectiveness of cross-sectoral governance mechanisms that are set up to systematise the national response to child sexual abuse material.
- Fast tracking the cases: The huge backlog for cases of OCSEA in India must also be fast-tracked. As for prevention, institutionalising the collection of national-level data on CSAM can also assist in strengthening children’s online security. The recent Digital Personal Data Protection Bill, 2022 issued by the Ministry of Electronics and Information Technology can provide an opportunity to meet this exigency.
- Clear mandate and responsibility of stakeholders: There should be further development of clear mandates and creation of a logical framework of roles and duties of all relevant stakeholders within standard operating procedures for investigation. Continuous dialogue between the industry, government and other collaborators, with a distinct agenda and division of responsibilities is necessary.
- Training of enforcement agency: Industry partners, in particular the IT industry, must be provided with suitable training and awareness of the magnitude of OCSEA, along with proper toolkits and guidance. Promoting a systematic and constant approach to training the judiciary and prosecution on CSAM can prove beneficial, if centred around child-sensitive protocols.
- Reparation for victims: In the same vein, comprehensive remedies or reparations for victims are just as important and need to be handled by a specialised workforce.
- Parental and community training: Basic online safety measures, parental support initiatives and community awareness training can be integrated into existing education programmes for violence prevention, and sensitising the most vulnerable audience. Existing systems must be evaluated by monitoring and documenting their overall effectiveness and accessibility, including assessment of relevant hotlines and portals (checking to see if they are linked to relevant referral systems), and analysing context-specific reasons for limitations.
- Ethical media reporting: Dedicated effort must be made to aid ethical and informed media reporting on relevant cases.
Conclusion
- A collaborative effort of various institutions across the nation is required to build a safer cyberspace. The highest priority is assessment of current OCSEA response systems and reporting mechanisms, stricter implementation of prevention laws, and adequate resources to sustain these efforts. The end goal must be to ensure long-term safeguards for online platforms that allow secure navigation for minors and a disruption of the actions of offenders.
Mains Question
Q. What are the challenges in fight against online child sexual exploitation and abuse? What steps can be taken to tackle OCSEA?
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Reviewing the Age of Consent Under POCSO Act
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: POCSO ACt, issues with the age of consent
Context
- The Chief Justice of India’s recently raised the concerns about the age of consent under the POCSO Act. CJI quested parliament to review the age under POCSO act.
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What are the issues related to age of consent?
- Criminalization of romantic relationship: The Madras, Delhi and Meghalaya High Courts have flagged matters concerning criminalisation of romantic relationships between or with an adolescent under POCSO.
- AK v. State Govt of NCT of Delhi: On November 12, the Delhi High Court in AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh) stated that the intention of POCSO was to protect children below the age of 18 years from sexual exploitation and not to criminalise romantic relationships between consenting young adults.
- Government not in favour of revision of age: The government told Parliament that it does not have any plan to revise the age of consent.
- Blanket ban on anticipatory bail: The recent criminal law amendment in UP that imposed a blanket ban on granting anticipatory bail to a rape accused rubs salt on the already wounded.
Concerns related to age of consent and POCSO Act
- Criminalization of sexual act: POCSO conflates exploitative sexual practice and general sexual expression by an adolescent, and criminalises both.
- Overlooking the voluntary sexual act: Criminal law has become an instrument to silence or regulate a non-exploitative consensual sexual relationship involving a minor girl, which is voluntary.
- Abuse of POCSO act: The obiter of the court that POCSO has become a tool in the hands of certain sections of society to abuse the process of law is corroborated by other courts too.
- Victimization of girls: The cumulative victimisation of the “consenting” girl also deserves the lawmakers’ attention.
Today’s reality of sexual life among adolescent and mismatch in law
- Increased age of consent: The age of consent has increased from 10 to 12 to 14 to 16 and finally to 18 years by the 2013 amendment, in order to bring it in conformity with the then newly legislated POCSO Act.
- Consent of minor girl is illegal: The law disregards the likelihood of a minor girl engaging in sexual activity voluntarily it thus desexualises her.
- Ignoring the social reality: The law that criminalises adolescent sexuality either ignores social reality or pretends to do so.
- Sexual experience before the age of consent: According to the NFHS-5, for instance, 39 per cent women had their first sexual experience before turning 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45 per cent of unmarried girls in the age group of 15-19 years.
What should be the way forward?
- Separate procedure for POCSO Act: Need to evolve a separate procedure for children while dealing with POCSO cases.
- Victimization should be avoided: Romantic” lovers in a mutually consensual relationship should not be victims of the abuse of the criminal justice system processes.
Conclusion
- Age of consent is matter of debate and cannot be decided alone by judges and judiciary. Need of an hour is a sexual education in the children and adolescence. We need to fight to taboo about sex and debate on sex.
Mains Question
Q. What are the misuse cases under POCSO act? What are the mismatch between todays POCSO act and social reality of adolescent sex life?
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Parliament must examine Age of Consent issue: CJI
Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO Act
Mains level: Age of Consent
CJI DY Chandrachud appealed to Parliament to have a relook at the issue of age of consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
What is the Age of Consent?
- The age of consent for sex in India is 18 under the POCSO Act.
- Consent given by a girl aged below 18 is not regarded as valid and sexual intercourse with her amounts to rape.
What are the terms of the POCSO Act?
- Under the POCSO Act, 2012, considers a child anyone below 18 years of age.
- Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape.
Issues with such consent
- Consent is ignored: It thus opens the accused up to stringent punishment.
- Child abuse charges are ruled out: There have been several instances when the courts have quashed criminal proceedings of rape and kidnapping.
- Misuse of the provision: The court is often convinced that the law is being misused to suit one or the other party.
Case study
|
Is the law being misused?
(1) Foiling consensual relations
- Sometimes, disgruntled parents file a case to foil a relationship between two adolescents or children on the threshold of adolescence.
- POCSO is often used by parents who want to control who their daughters or sons want to marry.
(2) Coercion for marriage:
- The study noted that in many cases, a couple elopes fearing opposition from parents resulting run away to get married.
- The parents then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.
Judicial interpretations for lower age of consent
- In 2021, in the Vijaylakshmi vs State Rep case, the Madras High Court, while dismissing a POCSO case, said the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18.
- The court suggested that the age difference in consensual relationships should not be more than five years.
- This, it said, will ensure that a girl of an impressionable age is not taken advantage or duped sexually of by a person who is much older.
Policy measures so far
- A parliamentary committee is looking into the Prohibition of Child Marriage (Amendment) Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.
- Rights activists feel instead of helping the community, raising the age may force vulnerable women to remain under the yoke of family and social pressures.
Way forward
- With the courts and rights activists seeking an amendment to the age of consent criteria, the ball lies in the government’s court to look into the issue.
- In the meantime, adolescents have to be made aware of the stringent provisions of the POCSO Act and also the IPC.
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Pendency falls in the Child Adoption cases
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CARA
Mains level: Child Adoption
The pendency in the adoption of children has come down to 644 from 905 over the last two months since the new Adoption Regulations were notified.
What is the news?
- The Rules for the adoption of the Juvenile Justice Act were notified in September this year.
Adoption Regulations, 2022
- The new rules empower District Magistrates to issue adoption orders.
- Earlier, this power was exercised by the judiciary.
- Changes have also been made to the Child Adoption Resource Information and Guidance System (CARINGS) online platform for adoption.
- In accordance with the new rules, prospective adoptive parents can now opt from their home State or region.
- This has been mandated to ensure that the child and the family adjust well with each other, belonging to the same socio-cultural milieu.
Adoption in India: A backgrounder
- In 2015, the then Minister for Women and Child Development centralised the entire adoption system by empowering Central Adoption Resource Authority (CARA).
- CARA is an autonomous and statutory body of Ministry of Women and Child Development set up in 2015.
- It was empowered to maintain in various specialised adoption agencies, a registry of children, prospective adoptive parents as well as match them before adoption.
- This was aimed at checking rampant corruption and trafficking as child care institutions and NGOs could directly give children for adoption after obtaining a no-objection certificate from CARA.
Why is there concern over the revised rules?
- Parents, activists, lawyers and adoption agencies will have to be transferred and the process will have to start afresh.
- A delay in such an order can often mean that a child can’t get admission into a school because parents don’t yet have a birth certificate.
- Parents and lawyers also state that neither judges, nor DMs are aware about the change in the JJ Act leading to confusion in the system and delays.
- DMs don’t handle civil matters that bestow inheritance and succession rights on a child.
- If these rights are contested when a child turns 18, a judicial order is far more tenable to ensure the child is not deprived of his or her entitlements.
Is it such a big issue?
- The Central Adoption Resource Authority (CARA) says there are nearly 1,000 adoption cases pending before various courts in the country.
- This is not such a huge burden.
What is the adoption procedure in India?
- Adoptions in India are governed by two laws:
- Hindu Adoption and Maintenance Act, 1956 (HAMA): It is a parent-centric law that provides son to the son-less for reasons of succession, inheritance, continuance of family name and for funeral rights and later adoption of daughters was incorporated because kanyadaan is considered an important part of dharma in Hindu tradition.
- Juvenile Justice Act, 2015: It handles issues of children in conflict with law as well as those who are in need of care and protection and only has a small chapter on adoptions.
- Both laws have their separate eligibility criteria for adoptive parents.
- Those applying under the JJ Act have to register on CARA’s portal after which a specialised adoption agency carries out a home study report.
- After it finds the candidate eligible for adoption, a child declared legally free for adoption is referred to the applicant.
- Under HAMA, a “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights.
Issues with child adoption in India
- Parent-centrism: The current adoption approach is very parent-centred, but parents must make it child-centred.
- Age of child: Most Indian parents also want a child between the ages of zero and two, believing that this is when the parent-child bond is formed.
- Institutional issues: Because the ratio of abandoned children to children in institutionalised care is lopsided, there are not enough children available for adoption.
- Lineage discrimination: Most Indians have a distorted view of adoption because they want their genes, blood, and lineage to be passed down to their children.
- Red-tapism: Child adoption is also not so easy task after the Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 were launched.
Practical issues in adoption
- There are no rules for monitoring adoptions and verifying sourcing of children and determining whether parents are fit to adopt.
- There are many problems with the adoption system under CARA but at the heart of it is the fact that there are very few children in its registry.
- According to the latest figures there are only 2,188 children in the adoption pool, while there are more than 31,000 parents waiting to adopt a child.
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Juvenile Delinquency in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Juvenile Justice
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Context
- The Supreme Court (SC) made an observation in its judgment of November 16 in the infamous Kathua rape-murder case that the rising rate of juvenile delinquency in India is a matter of concern and requires immediate attention.
Present approach and implications towards Juvenile delinquency
- The goal of reformation: There is a school of thought, that firmly believes that howsoever heinous the crime may be, be it single rape, gangrape, drug peddling or murder but if the accused is a juvenile, he should be dealt with keeping in mind only one thing i.e., the goal of reformation.
- Continuance of crime: The school of thought, we are talking about, believes that the goal of reformation is ideal. The manner in which brutal and heinous crimes have been committed over a period of time by the juveniles and still continue to be committed, makes us wonder whether the [Juvenile Justice (Care and Protection of Children)] Act, 2015 has subserved its object.
- No reformation but more crime: We have started gathering an impression that the leniency with which the juveniles are dealt with in the name of goal of reformation is making them more and more emboldened in indulging in such heinous crimes.
Provisions of Juvenile Justice (Care and Protection of Children)] Act, 2015
- Criminal trials are not allowed: The law, contained in successive Juvenile Justice (Care and Protection of Children) Acts (JJ Acts), places a blanket ban on the power of the criminal court to try and punish a person below the specified age for committing any offence.
- Lack of clarity on maturity of person: Should a person, who has sufficient maturity of understanding to judge the nature and consequences of his/her action, get blanket immunity from the criminal process without the fear of being prosecuted, tried and punished, merely because that person is below the specified age?
- Child friendly inquiry: Under the existing law, such a person, at best, could be subjected to a child-friendly enquiry by a Juvenile Justice Board (JJ Board) and reformation for a maximum period of three years in a correctional home.
The issue of maturity of Juvenile offender
- Help of experts to assess maturity: It is well settled that the assessment of whether or not an offender has attained sufficient maturity of understanding to judge the nature and consequences of his/her conduct is to be done by the court with the help of experts, and is a judicial function as exemplified by Section 83 of the Indian Penal Code, 1860 and Code of Civil Procedure, 1908.
- Judicial discretion was not allowed in JJ Act 2000: The JJ Act 2000 to the extent it deprived the criminal court of the power to try and to punish a person below the age of 18 years for committing an offence, when such a person could be assessed to have attained sufficient maturity to judge the nature and consequences of his/her conduct ,encroached upon the judicial domain and was, therefore, unconstitutional.
- No changes on maturity in JJ act 2015: The current JJ Act, 2015, suffers from the same defect, except that the age of criminal responsibility for heinous offences has been reduced to 16 years.
- Immature send to correctional homes: It has been overlooked that the fundamental premise of juvenile justice law is that a juvenile offender who lacks such maturity should not be sent to a criminal court to be tried for the commission of an offence, and instead, should be sent to a correctional home for reform and rehabilitation.
- Mature juvenile must be punished: Conversely, therefore, should the offender have such maturity, he/she must be prosecuted before the criminal court, tried and, if found guilty, punished. The age of the juvenile offender alone cannot, therefore, justify a blanket immunity from the criminal process rather, the question of such immunity must be assessed on a case-by-case basis depending on the maturity of such offender.
Trying the mature juvenile as adult
- Mature juvenile and adults are not same: Indeed, Section 23 of the JJ Act, 2015 mandates that notwithstanding anything contained in Section 223 of the Code of Criminal Procedure of 1973 or in any other law for the time being in force, “there shall be no joint proceedings of a child alleged to be in conflict with the law, with a person who is not a child”.
- Separate provision for mature juveniles: Provisions already exist in the JJ Act, 2015, as to how a child who has attained the age of 16 years could be tried and punished for a heinous offence.
- Assessing the maturity of all juvenile irrespective of age: The same provisions could be extended to all juvenile offenders, regardless of age or nature of the crime, once it is found by the competent court that any such offender had sufficient maturity of understanding to judge the nature and consequences of his/her actions.
Conclusion
- Government should amend JJ Act 2015. Such an amendment would go a long way in providing the requisite balance between the rationales underlying the juvenile justice system and the criminal justice system and realizing the objectives professed by both.
Mains Question
Q. What are the flaws with existing Juvenile Justice Act 2015 vis-e-vis maturity of juveniles? How to address the issue mature juvenile and punishment to them?
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10 years of POCSO: An analysis of India’s landmark child abuse law
Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO Act
Mains level: Child rights issue
Ten years after the enactment of The Protection of Children from Sexual Offences (POCSO) Act, which deals specifically with child sexual abuse, an analysis of POCSO cases across India has found gaps in its implementation.
Why was POCSO enacted?
- The Constitution of India has incorporated several provisions to protect the rights of children and India has also been a signatory to landmark international instruments.
- However, India lacked any dedicated provision against child sexual abuse.
- Cases would be tried under different provisions of the Indian Penal Code, which was found to be ill-equipped.
Evolution of POCSO
- In the 1990s, a child sexual abuse racket was busted in Goa, following which the state government enacted a law to promote child rights in 2003.
- Also, the Special Expert Committee under Justice VR Krishna Iyer presented a draft code for child rights in India – the Children’s Code Bill, 2000.
- These two initiatives established the basis for dedicated legislation against child sexual abuse.
- In 2005, the Department of Women and Child Development prepared a draft bill to address different offences targeted against children.
- Contrary to the general perception then, the overall percentage of boys reporting experiencing sexual abuse was much higher than that of girls.
- In September 2010, the Ministry of WCD prepared a draft Protection of Children from Sexual Offences Bill, 2010.
- This after several rounds of revisions came into force as the POCSO Act on Children’s Day – 14 November, 2012.
Features of the Act
- Gender neutrality: The Act is gender neutral and regards the best interests and welfare of the child. The Act calls for mandatory reporting of sexual offences. A false complaint with intent to defame a person is punishable under the Act.
- Definition of Child: The Act defines a child as any person below eighteen years of age.
- Definitions of sexual abuses: It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.
- Prevents child trafficking: People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.
- Preventing re-victimization of child: Adequate provisions are made to avoid re-victimization of the Child at the hands of the judicial system.
- Sensitization of Police: The Act assigns a policeman in the role of child protector during the investigation process.
- Child friendly investigation: The Act stipulates that such steps must be taken which makes the investigation process as child-friendly as possible.
- Speedy disposal: The Act provides for the establishment of Special Courts for the trial of such offences and stipulates that the case is disposed of within one year from the date of reporting of the offence.
What is the rationale behind the legislation?
- Multiple facets of crime: New forms of child abuse like online bullying, harassment and Child Pornography have emerged to a greater extent.
- Exception handling: As per the last available data from the National Crime Records Bureau of child rape cases came up before the courts under the POCSO Act read with Indian Penal Code Section 376.
- Larger conviction: Less than three per cent cases ended in convictions, pointing to the need for better access to justice for all, and not just more stringent conviction in a small percentage of cases.
- Deterrence against crime: There is the belief that harsher punishments will deter people from committing child rape.
- Zero-tolerance: Lastly, the disgust for the crime makes the perpetrator ‘deserving’ of death penalty.
Issues with the Law
- Recurrence of such crime: In the context of child rape, many preventive measures and policies do have a definitive impact on preventing child rape.
- Lower conviction: The conviction rates are low under the Protection of Children from Sexual Offences Act, 2012.
- Investigation bottlenecks: There is lack of specialised investigators, prosecutors, judges, mental health professionals, doctors, forensic experts and social workers.
- Protection bottlenecks: Inadequate child protection and rehabilitation services, lack of compliance with child-friendly legal procedures are some other concerns.
- Under-reporting: A large proportion of perpetrators are family members or those close to or known to the family. This results in massive underreporting of such crimes.
- Protection of convicts: This concern will only intensify with death penalty, as the child’s family often settles a case of known person preventing him to the gallows.
- Vulnerability: The arbitrariness of the death penalty in India also arises from the discriminatory impact of the choice of what constitutes ‘rarest of rare’.
- Delay of trials: The Kathua Rape case took 16 months for the main accused to be convicted whereas the POCSO Act clearly mentions that the entire trial and conviction process has to be done in one year.
- Communal Politicization: Considering rapes on communal angles is another challenge. The Unnao rape case and Kathua rape case are some of the examples.
Study of POCSO implementation
- The analysis, titled ‘A Decade of POCSO’, was carried out by the Justice, Access and Lowering Delays in India (JALDI) Initiative.
- It was held in collaboration with the Data Evidence for Justice Reform (DE JURE) program at the World Bank.
- It analysed a total of 230,730 cases from 486 districts spanning 28 states and Union Territories, from 2012 to February 2021.
- Case laws, policy interventions and case metadata was collected from the eCourts, the digital platform which gives information on pending cases, court orders, etc.
Key findings on crimes against children
- Low conviction rate: The analysis has found that 43.44% of trials under POCSO end in acquittals while only 14.03% end in convictions. For every one conviction in a POCSO case, there are three acquittals.
- Accused were close kin: Out of 138 judgements looked at in detail by the study, only in 6% of the cases were the accused people strangers to the victim.
Quality of justice under POCSO
- Huge delay: The study has found on average, it takes 509.78 days for a POCSO case to be disposed of – whereas it has been stipulated under the Act that such cases need to be disposed of within a year.
- High pendency: Though the pendency of POCSO cases was increasing gradually over the years, there was a sharp increase in the number of pending cases between 2019 and 2020, that could be attributed to the COVID-19 pandemic.
- Frequent transfer of cases: A total of 22.76% of cases were disposed of by virtue of transfers from one court to another, and one-fifth of the cases in this dataset ended in transfers. Since POCSO cases are supposed to be tried by the Special Court.
Gaps in implementation
- Support persons are not being appointed in most cases: The Supreme Court had also noted that in 96% of cases, a support person was not provided to the victim.
- POCSO courts have not been designated in all districts: As of 2022, 408 POCSO courts have been set up in 28 States as part of the Government’s Fast Track Special Court’s Scheme.
- There is a lack of Special Public Prosecutors: They should be appointed specifically to handle POCSO cases, and even when they are appointed they are often employed for non-POCSO cases.
Way forward
- The social menace of child rape requires sustained planning, engagement, and investment of resources by the government.
- The need of the hour is to prioritise prevention activities against abuse, creating safe (physical and online) environments for children.
- Developing a comprehensive outreach system to engage parents, schools, communities, NGOs partners and local governments as well as police and lawyers is needed.
- This will ensure better implementation of the legal framework, policies, national strategies and standards.
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Should the Age of Consent be changed for Adolescents?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Definition of child
Mains level: POCSO Act
The Karnataka High Court has asked the Law Commission to rethink the age of consent under the Protection of Children from Sexual Offences, or POCSO, Act 2012.
What is the Age of Consent?
- The age of consent for sex in India is 18 under the POCSO Act.
- Consent given by a girl aged below 18 is not regarded as valid and sexual intercourse with her amounts to rape.
What did the HC say?
- The aspect of consent by a girl of 16 years, but who is below 18 years, would have to be considered.
- This has to be if it is indeed an offence under the Indian Penal Code and/or the POCSO Act, said the HC.
- The offender should be booked under Section 366 of the IPC, Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006.
What are the terms of the POCSO Act?
- Under the POCSO Act, 2012, considers a child anyone below 18 years of age.
- Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape.
Issues with such consent
- Consent is ignored: It thus opens the accused up to stringent punishment.
- Child abuse charges are ruled out: There have been several instances when the courts have quashed criminal proceedings of rape and kidnapping.
- Misuse of the provision: The court is often convinced that the law is being misused to suit one or the other party.
Case study
|
Is the law being misused?
(1) Foiling consensual relations
- Sometimes, disgruntled parents file a case to foil a relationship between two adolescents or children on the threshold of adolescence.
- POCSO is often used by parents who want to control who their daughters or sons want to marry.
(2) Coercion for marriage:
- The study noted that in many cases, a couple elopes fearing opposition from parents resulting run away to get married.
- The parents then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.
Judicial interpretations for lower age of consent
- In 2021, in the Vijaylakshmi vs State Rep case, the Madras High Court, while dismissing a POCSO case, said the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18.
- The court suggested that the age difference in consensual relationships should not be more than five years.
- This, it said, will ensure that a girl of an impressionable age is not taken advantage or duped sexually of by a person who is much older.
Policy measures so far
- A parliamentary committee is looking into the Prohibition of Child Marriage (Amendment) Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.
- Rights activists feel instead of helping the community, raising the age may force vulnerable women to remain under the yoke of family and social pressures.
Way forward
- With the courts and rights activists seeking an amendment to the age of consent criteria, the ball lies in the government’s court to look into the issue.
- In the meantime, adolescents have to be made aware of the stringent provisions of the POCSO Act and also the IPC.
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How is India planning to end Child Marriage?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Definition of child
Mains level: Persistence of child marriage in India
The steering committee of a UNFPA-UNICEF Global Programme to End Child Marriage is on a visit to India to witness state interventions that have helped reduce the prevalence of child marriage.
Why such visit?
- The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.
What is Child Marriage?
- Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
- The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Reasons behind its prevalence
- Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
- Norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached puberty.
- Crisis: Conflict increases the inequalities that make girls vulnerable to child marriage – and its consequences. Families may arrange marriages for girls, believing marriage will protect their daughters from violence.
Issues with Child Marriage
(1) Social implications
- Impacts girl child more: Globally, the prevalence of child marriage among boys is just one sixth that among girls.
- Leads to deprivation: Child marriage robs girls of their childhood and threatens their lives and health.
- Exclusion: The practice can also isolate girls from family and friends and exclude them from participating in their communities, taking a heavy toll on their physical and psychological well-being.
- Academic loss: Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school.
(2) Health issues
- Life threats: Child brides often become pregnant during adolescence, when the risk of mortality during for themselves and their infants.
- Forced pregnancy: Girls are forced into adulthood before they is physically and mentally ready. This is the main cause of global prevalence of malnutrition.
(3) Economic impacts
- Child marriage negatively affects the Indian economy and can lead to an intergenerational cycle of poverty.
- It suddenly pulls out the children involved out of workforce before they grow as adult.
- Girls and boys married as children more likely lack the skills, knowledge and job prospects needed to lift their families out of poverty and contribute to their country’s social and economic growth.
What is the situation in the world?
- According to data from UNICEF, the total number of girls married in childhood stands at 12 million per year.
- It strives to end the practice by 2030 — the target set out in the Sustainable Development Goals.
Where does India stand?
GOOD: Declining trend
- There is a growing trend for a decline in the overall prevalence of child marriage.
- In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade.
- In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.
BAD: State-wise disparity is very higher
- However, 3% is still a disturbingly high percentage in a country with a population of 141.2 crore.
- Some states have a higher prevalence than the national average — West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18 (NFHS).
- In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16.
Laws and policy interventions in India
- There are crucial laws that aim at protecting children from violation of human and other rights including the-
- Prohibition of Child Marriage Act, 2006 and
- Protection of Children from Sexual Offences Act, 2012
- Raising the age of marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet.
- Beti Bachao Beti Padhao Scheme: It aims to address the issue of the declining child sex ratio image (CSR).
- Kanyashree scheme: West Bengal’s scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school, and UP has a scheme to encourage girls to go back to school.
Way forward
- Ensure education: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
- Upskilling: Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
- Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.
Conclusion
- A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability.
- In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.
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Online Child Sexual Abuse Material
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: online child abuse and protection
Context
- Last month, the Central Bureau of Investigation (CBI) conducted searches across States and Union Territories as part of a pan-India operation, “Megh Chakra”. The operation, against the online circulation and sharing of Child Sexual Abusive Material (CSAM) using cloud-based storage, was supposedly based on inputs received from Interpol’s Singapore special unit, in turn based on the information received from New Zealand.
Current system of detecting CSAM
- Help of foreign agencies: As the public reporting of circulation of online CSAM is very low and there is no system of automatic electronic monitoring, India’s enforcement agencies are largely dependent on foreign agencies for the requisite information.
- Operation carbon: In November 2021, a similar exercise code-named “Operation Carbon” was launched by the CBI, with many being booked under the IT Act, 2000.
American Model of fighting CSAM
- Cyber tipline programme under NCMEC: The National Centre for Missing & Exploited Children (NCMEC), a non-profit organization in the United States, operates a programme called Cyber Tipline, for public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. In 2021, the Cyber Tipline received more than 29.3 million reports (99% from ESPs) of U.S. hosted and suspected CSAM.
- Mandatory reporting for Internet service providers (ISPs): ISPs are mandated to report the identity and the location of individuals suspected of violating the law. Also, NCMEC may notify ISPs to block transmission of online CSAM.
UK Model of fighting CSAM
- Internet Watch Foundation (IWF) to ensure safe online environment: In the United Kingdom, the mission of the Internet Watch Foundation (IWF), a non-profit organisation established by the United Kingdom’s Internet industry to ensure a safe online environment for users with a particular focus on CSAM, includes disrupting the availability of CSAM and deleting such content hosted in the U.K.
- ISPs may be held responsible: The IWF engages the analysts to actively search for criminal content and not just rely on reports from external sources. Though the U.K. does not explicitly mandate the reporting of suspected CSAM, ISPs may be held responsible for third party content if they host or caches such content on their servers. In 2021, the IWF assessed 3,61,062 reports, (about 70% reports had CSAM) and seven in 10 reports contained “self-generated” CSAM.
Efforts of Global community
- Global network for secure IT infrastructure: A global network of 50 hotlines (46 member countries), provides the public with a way to anonymously report CSAM. It provides secure IT infrastructure, ICCAM (I- “See” (c)-Child-Abuse-Material) hosted by Interpol and facilitates the exchange of CSAM reports between hotlines and law enforcement agencies. ICCAM is a tool to facilitate image/video hashing/finger printing and reduce the number of duplicate investigations.
- Removal of illegal URLs: In 2021, the number of exchanged content URLs stood at 9,28,278, of which 4,43,705 contained illegal content. About 72% of all illegal content URLs were removed from the Internet within three days of a notice and takedown order.
India’s Efforts so far
- Internet service providers are exempted from the liability: In India, the Supreme Court of India, in Shreya Singhal (2015), read down Section 79(3)(b) of the IT Act to mean that the ISP, only upon receiving actual knowledge of the court order or on being notified by the appropriate government, shall remove or disable access to illegal contents. Thus, ISPs are exempted from the liability of any third-party information.
- In the Kamlesh Vaswani (WP(C) 177/2013) case: The petitioner sought a complete ban on pornography. After the Court’s intervention, the advisory committee (constituted under Section 88 of the IT Act) issued orders in March 2015 to ISPs to disable nine (domain) URLs which hosted contents in violation of the morality and decency clause of Article 19(2) of the Constitution. The petition is still pending in the Supreme Court.
- Aarambh India portal: a Mumbai-based non-governmental organization, partnered with the IWF, and launched India’s first online reporting portal in September 2016 to report images and videos of child abuse. These reports are assessed by the expert team of IWF analysts and offending URLs are added to its blocking list. Till 2018, out of 1,182 reports received at the portal, only 122 were found to contain CSAM.
- National cybercrime reporting portal: The Ministry of Home Affairs (MHA) launched a national cybercrime reporting portal in September 2018 for filing online complaints pertaining to child pornography and rape-gang rape. This facility was developed in compliance with Supreme Court directions with regard to a public interest litigation filed by Prajwala, a Hyderabad-based NGO that rescues and rehabilitates sex trafficking survivors. As not many cases of child porn and rape were reported, the portal was later extended to all types of cybercrime.
- National Crime Records Bureau (MHA): The National Crime Records Bureau (MHA) signed a memorandum of understanding with the NCMEC in April 2019 to receive Cyber Tipline reports to facilitate action against those who upload or share CSAM in India. The NCRB has received more than two million Cyber Tipline reports which have been forwarded to the States for legal action.
- The ad hoc Committee of the Rajya Sabha: In its report of January 2020, made wide-ranging recommendations on ‘the alarming issue of pornography on social media and its effect on children and society as whole’.
- Widening of the definition of ‘child pornography’: On the legislative front, the committee not only recommended the widening of the definition of ‘child pornography’ but also proactive monitoring, mandatory reporting and taking down or blocking CSAM by ISPs.
- Breaking of end-to-end encryption: On the technical front, the committee recommended permitting the breaking of end-to-end encryption, building partnership with industry to develop tools using artificial intelligence for dark-web investigations, tracing identity of users engaged in crypto currency transactions to purchase child pornography online and liasoning with financial service companies to prevent online payments for purchasing child pornography.
What needs to be done?
- Mandatory reporting of CSAM by ISP, s: According to the ninth edition (2018) report of the International Centre for Missing and Exploited Children on “Child Sexual Abusive Material: Model Legislation & Global Review”, more than 30 countries now require mandatory reporting of CSAM by ISPs. Surprisingly, India also figures in this list, though, the law does not provide for such mandatory reporting.
- Establish liability of legal persons: The Optional Protocol to the United Nations Convention on the Rights of the Child that addresses child sexual exploitation encourages state parties to establish liability of legal persons.
- Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse: The Council of Europe’s Convention on Cybercrime and Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse also requires member states to address the issue of corporate liability.
- India should join INHOPE: It is time India joins INHOPE and establishes its hotline to utilize Interpol’s secure IT infrastructure or collaborate with ISPs and financial companies by establishing an independent facility such as the IWF or NCMEC.
Conclusion
- India needs to explore all options and adopt an appropriate strategy to fight the production and the spread of online CSAM. Children need to be saved.
Mains Question
Q. How children are Vulnerable against child sexual abuse material (CSAM)? What legal remedies available in India against CSAM?
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Adoption in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CARA
Mains level: Child Adoption
There is confusion over the implementation of new adoption rules that require the transfer of adoption petitions from courts to District Magistrates (DMs).
What is the news?
- From September 1, DMs have been empowered to give adoption orders instead of courts.
- All cases pending before courts have to be now transferred.
- Hundreds of adoptive parents in the country are now concerned that the transfer process will further delay what is already a long and tedious process.
- There are questions whether an order passed by the executive will pass muster when an adopted child’s entitlements on succession and inheritance are contested before a court.
Adoption in India: A backgrounder
- In 2015, the then Minister for Women and Child Development centralised the entire adoption system by empowering Central Adoption Resource Authority (CARA).
- It was empowered to maintain in various specialised adoption agencies, a registry of children, prospective adoptive parents as well as match them before adoption.
- This was aimed at checking rampant corruption and trafficking as child care institutions and NGOs could directly give children for adoption after obtaining a no-objection certificate from CARA.
DMs to issue Adoption Orders
- The Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 in order to amend the Juvenile Justice Act (JJ Act), 2015.
- The key changes include authorising District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the JJ Act by striking out the word “court”.
- This was done “in order to ensure speedy disposal of cases and enhance accountability,” according to a government statement.
- The DMs have also been empowered under the Act to inspect child care institutions as well as evaluate the functioning of district child protection units, child welfare committees, juvenile justice boards, specialised juvenile police units, child care institutions etc.
Why is there concern over the revised rules?
- Parents, activists, lawyers and adoption agencies will have to be transferred and the process will have to start afresh.
- A delay in such an order can often mean that a child can’t get admission into a school because parents don’t yet have a birth certificate.
- Parents and lawyers also state that neither judges, nor DMs are aware about the change in the JJ Act leading to confusion in the system and delays.
- DMs don’t handle civil matters that bestow inheritance and succession rights on a child.
- If these rights are contested when a child turns 18, a judicial order is far more tenable to ensure the child is not deprived of his or her entitlements.
Is it such a big issue?
- The Central Adoption Resource Authority (CARA) says there are nearly 1,000 adoption cases pending before various courts in the country.
- This is not such a huge burden.
What is the adoption procedure in India?
- Adoptions in India are governed by two laws:
- Hindu Adoption and Maintenance Act, 1956 (HAMA): It is a parent-centric law that provides son to the son-less for reasons of succession, inheritance, continuance of family name and for funeral rights and later adoption of daughters was incorporated because kanyadaan is considered an important part of dharma in Hindu tradition.
- Juvenile Justice Act, 2015: It handles issues of children in conflict with law as well as those who are in need of care and protection and only has a small chapter on adoptions.
- Both laws have their separate eligibility criteria for adoptive parents.
- Those applying under the JJ Act have to register on CARA’s portal after which a specialised adoption agency carries out a home study report.
- After it finds the candidate eligible for adoption, a child declared legally free for adoption is referred to the applicant.
- Under HAMA, a “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights.
Issues with child adoption in India
- Parent-centrism: The current adoption approach is very parent-centred, but parents must make it child-centred.
- Age of child: Most Indian parents also want a child between the ages of zero and two, believing that this is when the parent-child bond is formed.
- Institutional issues: Because the ratio of abandoned children to children in institutionalised care is lopsided, there are not enough children available for adoption.
- Lineage discrimination: Most Indians have a distorted view of adoption because they want their genes, blood, and lineage to be passed down to their children.
- Red-tapism: Child adoption is also not so easy task after the Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 were launched.
Practical issues in adoption
- There are no rules for monitoring adoptions and verifying sourcing of children and determining whether parents are fit to adopt.
- There are many problems with the adoption system under CARA but at the heart of it is the fact that there are very few children in its registry.
- According to the latest figures there are only 2,188 children in the adoption pool, while there are more than 31,000 parents waiting to adopt a child.
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Panel bats for Equality in Child’s Guardianship
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Guardianship in India
Mains level: Not Much
A mother and father should have equal rights as guardians of their children and the Hindu Minority and Guardianship Act (HMGA), 1956 should be amended as it discriminates against women, a parliamentary panel has recommended in its report.
Why in news now?
- The said Act does NOT provide for joint guardianship.
- NOR does it recognise the mother as the guardian of the minor legitimate child unless the father is deceased or is found unfit.
- The Act gives preference to father over mother.
- Thus it goes against the right to equality and right against discrimination envisaged under Articles 14 and 15 of the Constitution.
What is Guardianship?
- A guardian is a person appointed to look after another person or his property in India, as per the personal laws of the religion into which the minor was born.
- He or she takes on the responsibility of caring for and protecting the person for whom he or she has been appointed guardian.
- On behalf of the ward’s person and property, the guardian makes all legal decisions.
Guardianship under the Hindu law
- The Hindu Minority and Guardianship Act, 1956, regulates guardianship of minor children in Hindu law (covers Hindus, Sikhs, Jains and Buddhists in India).
- A minor is described as anyone under the age of eighteen, according to Section 4(a) of the Act.
- A guardian, according to Section 4(b) of the Act, is an individual who is responsible for the child’s care, property, or both.
- The various forms of guardianship in India include:
- Natural guardian: Only three people are considered natural guardians, according to Section 6 of the 1956 Act: the mother, father, and husband.
- Testamentary guardian: A testamentary guardian is a guardian appointed in a will by the natural guardian. A father has the testamentary right to appoint a guardian for his legitimate children or property or both. If the mother is alive after the father’s death, she will be the guardian of the children, and the fathers will be restored only if the mother dies without appointing a guardian.
- Guardian appointed by the court: The court can appoint a guardian to a child under the Guardians and Wards Act, 1890 who would be called a certified guardian. The powers of the certified guardian are also stated in the Act. The Act confers power to district courts.
- De facto guardian: A de facto guardian is someone who has consistently shown an interest in caring for, handling, or managing the infant, his or her property, or both. A de facto guardian is not a legal guardian, and therefore, has no legal authority over the child or the child’s property, but he has assumed responsibility for the child and the property.
- Guardians by affinity: The guardianship of a minor widow by a relative within the degree of sapinda (generation of ancestors) is known as affinity guardianship.
Guardianship under Muslim law
The law of guardianship in Muslims came from certain verses in the religious texts.
- Natural guardian: The only father is considered the natural guardian of a child under Muslim law, and the mother is not considered a natural or other guardian even after the father’s death.
- Testamentary guardian: The term wali, guardian, amin, or kaim-mukam refers to a testamentary guardian.
- Guardian appointed by the court: When natural and testamentary guardians fail, the court has the right to appoint a guardian for the child. The Guardians and Wards Act of 1890 governs the appointment of a guardian for a child from any group.
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Assessing Juvenility a ‘Delicate Task’: SC
Note4Students
From UPSC perspective, the following things are important :
Prelims level: JJ Act
Mains level: Prevention of juvenile crimes
The Supreme Court has given some guidelines for the delicate task of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder can be tried like adults as per the JJ Act, 2005.
Juvenile Justice Act, 2015
- The JJ Act, 2015 replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000.
- It allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.
- The Act also sought to create a universally accessible adoption law for India.
- The Act came into force from 15 January 2016.
Key features
- Change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”
- Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
- Setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
- Special provisions for heinous offences committed by children above the age of 16 years: This was in response to the juvenile convict in Nirbhaya Case.
- Inclusion of new offences committed against children: Sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offences against disabled children and, kidnapping and abduction of children.
- Penalties for cruelty against a child: Offering a narcotic substance to a child, and abduction or selling a child has been prescribed.
What is the recent Supreme Court assessment?
- The “delicate task” of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder, can be tried like adults should be based on meticulous psychological investigation.
- They should not left to the discretion and perfunctory “wisdom” of juvenile justice boards and children’s courts across the country, the Court held.
What delicate tasks does the apex court is referring to?
(1) Preliminary Assessment
- Section 15 of the JJ Act requires a “preliminary assessment” to be done of the mental and physical capacity of juveniles, aged between 16 and 18, who are involved in serious crimes.
- The assessment is meant to gauge a child’s ability to understand the consequences of the offence and the circumstances in which he or she allegedly committed the offence.
- If the Juvenile Justice Board is of the opinion that the juvenile should not be treated as an adult, it would not pass on the case to the children’s court and hear the case itself.
- If the Board decides to refer the case to the children’s court for trial as an adult, the juvenile, if guilty, would even face life imprisonment.
(2) Mental capacity
- The evaluation of ‘mental capacity and ability to understand the consequences’ of the child in conflict with law can should not be relegated as a routine task.
- The process of taking a decision on which the fate of the child in conflict with law precariously rests, should not be taken without conducting a meticulous psychological evaluation.
- The court said the Board which conducts the assessment of the child should have at least one child psychologist.
Way forward
- The court discovered that there were neither guidelines nor a specific framework in place for conduct of the preliminary assessment.
- The court left it open for the Centre and the National Commission for Protection of Child Rights to consider issuing guidelines or directions in this regard.
- It should further take the assistance of experienced psychologists or psychosocial workers.
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Child labour in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Child Labour Project (NCLP)
Mains level: Persistence of child labour in India
The Centre does not have any data on child labour in the country and a reason for this is the drying up of budgetary provisions meant for the National Child Labour Project (NCLP).
What is Child Labour?
- The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
- It refers to work that:
- is mentally, physically, socially or morally dangerous and harmful to children; and/or
- interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.
National Child Labour Project (NCLP)
- The NCLP Scheme is a Central Sector Scheme under the Ministry of Labour.
- Under this Scheme the District Project Societies (DPS) are set up at the district level under the Chairmanship of the Collector/District Magistrate to oversee the implementation of the project.
- Under this Scheme, the children in the age group of 9-14 years are withdrawn from work and put into NCLP Special Training Centres.
- They are provided with bridge education, vocational training, mid-day meal, stipend, health care etc. before being mainstreamed into formal education system.
- The children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyan.
- A dedicated online portal named PENCiL (Platform for Effective Enforcement for No Child Labour) is developed for better monitoring and implementation.
Why in news now?
- No ministry had any data regarding the status of child labour in our country.
- The NCLP’s schools for child labourers work for three to four years and they have also more or less stopped functioning due to scarcity of funds.
- Education Ministry also does not have a mechanism to find out the number of children engaged in child labour.
Grave concerns of the issue
- This is a serious situation.
- It is for the first time that a parliamentary panel is engaged in a detailed examination of the national policy on child labour.
- Though we have legislation, the Child Labour (Prohibition and Regulation) Act, since 1986 the menace of child labour is continue unchecked.
Various provisions against Child Labour
- Article 23 of the Indian Constitution states that any type of forced labour is prohibited.
- Article 24 states that a child under 14 years cannot be employed to perform any hazardous work.
- Article 39 states that “the health and strength of workers, men and women, and the tender age of children are not abused”.
- The Child Labour Act (Prohibition and Regulation) 1986 prohibits children under the age of 14 years to be working in hazardous industries and processes.
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Centre releases guidelines for Mission Vatsalya
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mission Vatsalya
Mains level: Read the attached story
In order to access Central funds and benefits under Mission Vatsalya (an umbrella scheme for child protection services in the country), the centre has issued certain guidelines.
What is Mission Vatsalya?
- Mission Vatsalya promotes family-based non-institutional care of children in difficult circumstances based on the principle of institutionalization of children as a measure of last resort.
- It is one of the new triad of schemes along with Mission Shakti, and Poshan 2.0, that aims at securing a healthy and happy childhood for every child.
Components under the mission include:
- Improve the functioning of statutory bodies;
- Strengthen service delivery structures;
- Upscale institutional care/services;
- Encourage non-institutional community-based care;
- Emergency outreach services;
- Training and capacity building.
Implementation
- It will be implemented as a Centrally Sponsored Scheme in partnership with state governments and UT administrations, with a fund-sharing pattern in a 60:40 ratio.
- However, for the eight states in the Northeast — as well as Himachal Pradesh, Uttarakhand and the UT of J&K — the Centre and state/UT’s share will be 90:10.
- The Centre will cover the whole cost in UTs without a legislature.
What are the new guidelines?
(1) Official changes
- States will have to retain the official name, as given by the Centre. Only a correct translation to local language is permissible.
- The centre detailed the process by which funds will be disbursed to states under various heads by defining institutionalised arrangements.
- Funds to states will be approved through the Mission Vatsalya Project Approval Board (PAB), which will be chaired by the Secretary of the Ministry of WCD.
- The Secretary will scrutinise and approve annual plans and financial proposals received from states and UTs for release of grants.
(2) Special arrangements
- States/UTs have also been directed to focus on special needs children with physical or mental disabilities.
- Institutions now have to provide special educators, therapists and nurses to impart occupational therapy, speech therapy, verbal therapy and other remedial classes.
- The staff in these special units will have to know sign language, Braille, etc, according to the new guidelines.
(3) Newly shouldered tasks
- The guidelines state that Mission Vatsalya will support State Adoption Resource Agencies (SARA), which will support the Central Adoption Resource Authority (CARA).
- This move aims at promoting in-country adoption and regulating inter-country adoption.
- Mission Vatsalya, in partnership with states and districts, will execute a 24×7 helpline service for children, as defined under JJ Act, 2015.
Name change saga: Child Protection Services Scheme
- Before 2009, three schemes were being implemented under the WCD Ministry for children in need of protection:
- Programme for juvenile justice for children in need of care and protection, and children in conflict with law;
- Integrated programme for street children and
- Scheme for assistance to homes for children
- These were clubbed in 2010 into a single scheme called the Integrated Child Protection Scheme.
- It was then renamed “Child Protection Services” Scheme in 2017, and again as Mission Vatsalya in 2021-22.
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[pib] Children in Street Situations (CiSS) Application
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CiSS Application
Mains level: Child rights issue
The National Commission for the Protection of Child Rights (NCPCR) has launched a “CiSS application” under the Baal Swaraj portal to help in the rehabilitation process of Children in Street Situations (CiSS).
CiSS Application
- The CiSS application is used for receiving data of children in street situations from all the states and union territories, tracking their rescue and rehabilitation process.
- The initiative is taken under the direction of the Supreme Court of India.
- The program embodies Article 51 (A) of the Constitution of India, as it provides a platform to the public and organizations catering to the welfare of the children to report any child in need of assistance.
- The platform serves to collect data and report to the District Child Protection Officer (DCPO) for them to take necessary action.
- It also provides a platform for professionals and organizations to provide any help that they can to children in need.
- Help can be provided in the form of open shelters, counselling services, medical services, sponsorships, de-addiction services, education services, legal/paralegal services, volunteering etc.
Its working framework
- It categorizes any child under ‘Children in Street Situation’ if the child is living on the streets alone, living on the streets during the day, or living on the streets with the family.
- The root cause of this phenomenon is the migration of families from rural to urban areas in search of a better standard of living.
How does it work?
It follows six stages framework for the rehabilitation of children.
- Collection of the child’s details, which is accomplished through the portal.
- Social Investigating Report (SIR)e. investigating the child’s background. This is done under the supervision of the District Child Protection Unit (DCPU) by the District Child Protection Officer (DCPO) by conversing and counselling the child.
- Formulating an Individual Care Plan (ICP) for the child.
- Child Welfare Committee (CWC) based on the SIR submitted to the CWC.
- Allocating the schemes and benefits that the beneficiary can avail of.
- A checklist is made for the evaluation of the progress i.e. (Follow Ups).
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SC to look into easing Adoption Methodology
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CARA
Mains level: Child Adoption
The Supreme Court has decided to examine a plea to simplify the legal process for the adoption of children in the country.
Why in news?
- The petition filed said that there were only 4,000 child adoptions annually though there were 3 crore orphan children in the country.
- The Child Adoption Resource Information and Guidance (CARING) System ought to appoint trained “adoption preparers” who could help the prospective parents to complete the cumbersome paperwork required for adoption.
What is Central Adoption Resource Authority (CARA)?
- CARA is an autonomous and statutory body of Ministry of Women and Child Development set up in 2015.
- It functions as the nodal body for the adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
- It is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the 1993 Hague Convention on Inter-country Adoption, ratified by India in 2003.
Why was CARA established?
- Some people are offering infants for instant adoption by stating how the children have lost their parents to pandemic.
- However, such adoptions are illegal.
- The Juvenile Justice (Care and Protection of Children) law was enacted in 2015.
- The Juvenile Justice Act is a secular law, all persons are free to adopt children under this law.
- The Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 followed to create the Central Adoption Resource Authority (CARA).
Adoption Process
- The eligibility of prospective adoptive parents living in India, duly registered on the Child Adoption Resource Information and Guidance System (CARINGS), irrespective of marital status and religion, is Procedure for adoption adjudged by specialised adoption agencies preparing home study reports.
- The specialized adoption agency then secures court orders approving the adoption.
- All non-resident persons approach authorized adoption agencies in their foreign country of residence for registration under CARINGS.
- Their eligibility is adjudged by authorised foreign adoption agencies through home study reports.
- CARA then issues a pre-adoption ‘no objection’ certificate for foster care, followed by a court adoption order.
- A final ‘no objection’ certificate from CARA or a conformity certificate under the adoption convention is mandatory for a passport and visa to leave India.
Harmonization created by CARA
- India has multiple adoption laws.
- Traditionally, the 1956 Hindu Adoption and Maintenance Act (HAMA), adoption, subject to the requirements and rigors of the Act, is available in India to Hindus, Buddhists, Jains, and Sikhs, and others subject to Hindu family law or custom.
- For others, the 1890 Guardians and Wards Act applies, but which provides only guardianship, not adoption, for those not subject to Hindu family law or custom.
- CARA primarily deals with the adoption of “orphaned, abandoned and surrendered” children through recognised adoption agencies.
- In 2018, CARA has allowed individuals in a live-in relationship to adopt children from and within India.
Preference Controversy
- As required by the 1993 Hague Convention, Article 4(b), children residing in India are always offered to Indian families before any foreigner.
- However, after taking office in 2014, PM Modi changed the law to put Non-Resident Indian (NRI) citizens and couples on par with Indians residing in India.
- From this point on, all adoptable children are offered to Indian families in order of seniority instead of distinguishing between resident and non-resident Indians.
Way forward
- CARA must conduct an outreach programme on social media, newspapers and TV, warning everyone not to entertain any illegal adoption offers under any circumstances whatsoever.
- The National and State Commissions for Protection of Child Rights must step up their roles as vigilantes.
- Social activists, NGOs and enlightened individuals must report all the incidents that come to their notice.
- Respective State Legal Services Authorities have the infrastructure and machinery to stamp out such unlawful practices brought to their attention.
- The media must publicise and shame all those involved in this disreputable occupation.
- At the same time, the police authorities need to be extra vigilant in apprehending criminals.
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Desh Ke Mentor Programme and the Controversy
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Desh Ke Mentor Programme, NCPCR
Mains level: Child rights issue
A controversy recently broke out after the National Commission for Protection of Child Rights (NCPCR) recommended that the Delhi government suspend its flagship ‘Desh ke Mentor’ programme.
What is the Desh Ke Mentor Programme?
- The programme was launched in October 2021 and is aimed at connecting students in classes IX to XII with voluntary mentors.
- People between the ages of 18 and 35 can sign up to be mentors through an app created by a team at the Delhi Technological University and will be connected with students based on mutual interests.
- The mentorship entails regular phone calls for a minimum of two months, which can optionally be carried on for another four months.
- The idea is for the young mentors to guide students through higher education and career options, preparation for higher education entrance exams, and dealing with the pressure of it all.
How is a person selected to be a mentor?
- The registration process takes place on the Desh ke Mentor app.
- The volunteer has to fill in information about themselves such as their date of birth, education qualification, profession, organisation they work with and so on.
- However, it is optional for them to upload any proof of identity.
- Once the registration is complete, the mentor is connected to a set of children of the same gender as themselves whose interests align with theirs.
- Students have to take parental consent before becoming a part of the programme.
What are the concerns raised by the NCPCR regarding this process?
- It has stated that assigning children to a mentor of the same gender as them does not necessarily assure their safety from abuse.
- It has also expressed concern over the lack of police verification of the mentors.
- It has a psychometric test which has not been scrutinized by professional practising experts.
- It has also stated that limiting interactions to phone calls also does not ensure the safety of children since “child-related crime can be initiated through phone calls as well.”
Back2Basics: National Commission for Protection of Child Rights (NCPCR)
- The NCPCR is an Indian statutory body established by an Act of Parliament, the Commission for Protection of Child Rights (CPCR) Act, 2005.
- It works under the aegis of the Ministry of Women and Child Development and began operational on 5 March 2007.
- It works to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.
- As defined by the commission, a child includes a person up to the age of 18 years.
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US puts Pakistan, Turkey on Child Soldier Recruiter List
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CRC treaty
Mains level: Child rights abuse
The US has added Pakistan and 14 other countries to a Child Soldier Recruiter List that identifies foreign governments having government-supported armed groups that recruit or use child soldiers.
Who is a child soldier?
- The recruitment or use of children below the age of 15 as soldiers is prohibited by the UN Convention on the Rights of the Child (CRC).
- Currently, 193 countries have ratified the CRC.
- The CRC requires state parties to “take all feasible measures” to ensure that children under 18 are not engaged in direct hostilities.
- It further prohibits the state parties from recruiting children under 15 into the armed forces.
- It is considered a war crime under the Rome Statute of the International Criminal Court.
- In addition, the Optional Protocol to the CRC further prohibits kids under the age 18 from being compulsorily recruited into state or non-state armed forces or directly engaging in hostilities.
- The United States is a party to the Optional Protocol.
What is US law?
- The US adopted the Child Soldiers Prevention Act (CSPA) in 2008.
- The CSPA prohibits the US government from providing military assistance, including money, military education and training, or direct sales of military equipment, to alleged countries.
What is prohibited for countries on the list?
The following types of security assistance are prohibited for countries that are on the list:
- Licenses for direct commercial sales of military equipment
- Foreign military financing for the purchase of defence articles and services, as well as design and construction services
- International military education and training
- Excess defence articles
- Peacekeeping operations
Criticism of the treaty
- International treaties like CRS are valuable and necessary tools to establish international norms as they raise awareness regarding human rights abuses.
- However, these treaties are limited in scope and nature, and they tend to be idealistic rather than practicable.
- The UN’s mechanisms only bind state parties that ratify the treaties.
- It, therefore, has no authority over countries that are not parties to the convention or are non-state entities, such as rebel militias recruiting child soldiers.
- While the UN views its treaties and conventions as binding on state parties, it has no police power mechanism to enforce its decisions.
- Therefore, the CRC and its Optional Protocol are limited by the signatories’ willingness to comply. Somalia, for example, is a signatory but it hasn’t ratified the convention.
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Adoption of COVID-19-orphaned children
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CARA
Mains level: Child Adoption
The Supreme Court has directed the States and Union Territories (UTs) to take stringent action against private individuals and NGOs who invite people to illegally adopt children orphaned by the COVID-19 pandemic.
Also read
Legal issues involved in adoption pleas for Covid-19 orphans
SC ruling against illegal adoption
- The court ordered the government to step in and prevent private entities from revealing the identities of COVID-19 affected children, usually on social media and inviting people to adopt them.
- No adoption of affected children should be permitted contrary to the provisions of the Juvenile Justice Act, 2015 the court-ordered.
- It was illegal to invite strangers to adopt children, already traumatized by their personal losses, without the involvement of the Central Adoption Resource Authority (CARA).
About CARA
- Central Adoption Resource Authority (CARA) is an autonomous and statutory body of the Ministry of Women and Child Development. It was set up in 1990.
- It functions as the nodal body for the adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
- CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the 1993 Hague Convention on Inter-country Adoption, ratified India in 2003.
- It primarily deals with the adoption of orphaned, abandoned and surrendered children through its associated and recognized adoption agencies.
- In 2018, CARA has allowed individuals in a live-in relationship to adopt children from and within India.
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Child labour in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Challenges in dealing with child labour
The article highlights the risk posed by pandemic to the gains made by India on reducing the child labour in India.
Child labour in India
- A Government of India survey (NSS Report No. 585, 2017-18) suggests that only 79.6%. of the children in the age group of 14-17 years are attending educational institutions (formal and informal).
- The Census of India 2011 reports 10.1 million working children in the age group of 5-14 years.
- Out of whom 8.1 million are in rural areas mainly engaged as cultivators (26%) and agricultural labourers (32.9%).
- UNESCO estimates based on the 2011 Census record 38.1 million children as “out of school” i.e.18.3% of total children in the age group of 6-13 years.
- A Rapid Survey on Children (2013-14), jointly undertaken by the Ministry of Women and Child Development and UNICEF, found that less than half of children in the age group of 10-14 years have completed primary education.
How policies and initiatives helped reduce child labour in India (2001-11)
- Child labour in India decreased in the decade 2001 to 2011.
- Policy interventions such as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 2005, the Right to Education Act 2009 and the Mid Day Meal Scheme have paved the way for children to be in schools along with guaranteed wage employment (unskilled) for rural families.
- Efforts towards convergence of government schemes is also the focus of the implementation of the National Child Labour Project.
- Ratifying International Labour Organization Conventions Nos. 138 and 182 in 2017, the Indian government further demonstrated its commitment to the elimination of child labour.
- The Ministry of Labour and Employment-operated online portal allows to share information and coordinate on child labour cases at the national, State and local levels for effective enforcement of child labour laws.
Challenges ahead
- The economic contraction and lockdowns have worsened the situation, posing a real risk of backtracking the gains made in eliminating child labour.
- With increased economic insecurity, lack of social protection and reduced household income, children from poor households are being pushed to contribute to the family income.
- With closure of schools and challenges of distance learning, children may drop out leaving little scope for return unless affirmative and immediate actions are taken.
- As many schools and educational institutions are moving to online platforms for continuation of learning, the ‘digital divide’ is a challenge that India has to reconcile within the next several years.
- The NSS Report titled ‘Household Social Consumption on Education in India’ suggests that in 2017-18, only 24% of Indian households had access to an Internet facility.
- The Annual Status of Education Report (ASER) 2020 survey highlights that a third of the total enrolled children received some kind of learning materials from their teachers during the reference period (October 2020) as digital mode of education was opted for.
Way forward
- It is through strategic partnerships and collaborations involving government, employers, trade unions, community-based organisations and child labour families that we could make a difference building back better and sooner.
- We need a strong alliance paving our way towards ending child labour in all its forms by 2025 to achieve Sustainable Development Goal 8.7.
Consider the question “What are the policy measures and programmatic intervention implemented to reduce the child labour in India. How Covid-19 threatens the gains made on reducing the child labour?”
Conclusion
To deal with the child labour challenge, we need the right level of commitment among all the relevant stakeholders and the right mix of policy and programmatic interventions are present.
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Lend a helping hand to children the right way
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Juvenile Justice (Care and Protection of Children) Act, 2015.
Mains level: Paper 2- Dealing with orphaned children
The article highlights the need to be aware of the legal provisions while helping a orphan child.
Helping orphaned children
- Social media is flooded with requests to adopt children who have lost their parents in the pandemic.
- However, before handing over an orphan child to any agency, family or person, it is important to be aware of the laws.
- If an orphan child is kept by someone without lawful authority, he or she may land themselves in trouble.
- According to the Hindu Minority and Guardianship Act, 1956, the father, and in his absence the mother, is the natural guardian.
- Not even a close relative can look after the child without authorisation.
What are the options to help
- First option is any individual who finds an orphan child or even any child who needs care and protection under the circumstances, should immediately call the toll free Childline number 1098.
- It is an emergency phone outreach service managed by the Women and Child Development department’s nodal agency, the Childline India Foundation.
- The second option is to intimate the district protection officer concerned whose contact details can be found on the National Tracking System for Missing and Vulnerable Children portal.
- The third alternative is to approach the nearest police station or its child welfare police officer who is specially trained to exclusively deal with children.
- jOne can always dial the Emergency Response Support System (ERSS) which is a pan-India single number (112) based emergency response system for citizens in emergencies and seek the necessary help.
- The non-reporting of such children is also a punishable offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJA).
Procedure after a child reaches outreach agency
- Once an orphan child is recovered by the outreach agency, it is the duty of the said agency to produce the child within 24 hours before the Child Welfare Committee (CWC) of the district.
- The CWC, after an inquiry, decides whether to send the child to a children’s home or a fit facility or fit person.
- If the child is below six years, he or she shall be placed in a specialised adoption agency.
- The State thus takes care of all such children who are in need of care and protection, till they turn 18 years.
- In Sampurna Behrua vs Union of India (2018), the Supreme Court of India directed States and Union Territories to ensure that all child care institutions are registered.
Procedure for adoption
- Once a child is declared legally free for adoption by the CWC, adoption can be done either by Indian prospective adoptive parents or non-resident Indians or foreigners, in that order.
- Another important feature of the JJA is that it is secular in nature and simple in procedure.
- While the Hindu Adoptions and Maintenance Act, 1956 is religion specific but also relatively cumbersome in procedure.
- Second, the procedure of adoption is totally transparent and its progress can be monitored from the portal of the statutory body, the Central Adoption Resource Authority.
Directives to the police
- The Supreme Court in Bachpan Bachao Andolan vs Union of India directed all Directors General of Police, in May 2013, to register a first information report as a case of trafficking or abduction in every case of a missing child.
- At least one police officer not below the rank of assistant sub-inspector in each police station is mandatorily required to undergo training to deal with children in conflict with the law and in need of care and protection.
- They are not required to wear a uniform and need to be child-friendly.
- Similarly, each district is supposed to have its special juvenile police unit, headed by an officer not below the rank of a Deputy Superintendent of Police.
- The Supreme Court in Re: Exploitation of children in Orphanages in the State of Tamil Nadu (2017) inter alia, specifically asked the National Police Academy, Hyderabad and police training academies in every State to prepare training courses on the JJA and provide regular training to police officers in terms of sensitisation.
- The National Commission for Protection of Child Rights (NCPCR) recently wrote to the Chief Secretaries of all States and Union Territories on the issue of children orphaned due to COVID-19.
Conclusion
Following the Covid surge and subsequent increase in request for adoption of children, the laws and procedure for the protection of children must be noted.
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Legal issues involved in adoption pleas for Covid-19 orphans
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Juvenile Justice law
Mains level: Paper 2- Child adoption procedure
The Covid pandemic has orphaned many children. As a consequence there has been an increase in pleas on social media for adoption. However, such pleas go against the legal provisions. The article deals with the issue.
Legal provisions for protection of children
- Today, some people are offering infants for instant adoption by stating how the children have lost their parents to pandemic.
- However, such adoptions are illegal.
- The Juvenile Justice (Care and Protection of Children) law was enacted in 2015.
- The Juvenile Justice Act is a secular law, all persons are free to adopt children under this law.
- The Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 followed to create the Central Adoption Resource Authority (CARA).
- CARA is a statutory body for the regulation, monitoring and control of all intra-country and inter-country adoptions.
- CARA also grants a ‘no objection’ certificate for all inter-country adoptions, pursuant to India becoming a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptions.
- India is also a signatory to the UN Convention on the Rights of the Child.
- Thus, protections afforded to children became a legal mandate of all authorities and courts.
- Persons professing the Hindu religion are also free to adopt under the Hindu Adoptions and Maintenance Act of 1956.
- Rehabilitation of all orphaned, abandoned and surrendered children is regulated by the strict mandatory procedures of the Adoption Regulations.
Procedure for adoption
- The eligibility of prospective adoptive parents living in India, duly registered on the Child Adoption Resource Information and Guidance System (CARINGS), irrespective of marital status and religion, is adjudged by specialised adoption agencies preparing home study reports.
- The specialised adoption agency then secures court orders approving the adoption.
- All non-resident persons approach authorised adoption agencies in their foreign country of residence for registration under CARINGS.
- Their eligibility is adjudged by authorised foreign adoption agencies through home study reports.
- CARA then issues a pre-adoption ‘no objection’ certificate for foster care, followed by a court adoption order.
- A final ‘no objection’ certificate from CARA or a conformity certificate under the adoption convention is mandatory for a passport and visa to leave India.
Way forward
- CARA must conduct an outreach programme on social media, newspapers and TV, warning everyone not to entertain any illegal adoption offers under any circumstances whatsoever.
- The National and State Commissions for Protection of Child Rights must step up their roles as vigilantes.
- Social activists, NGOs and enlightened individuals must report all the incidents that come to their notice.
- Respective State Legal Services Authorities have the infrastructure and machinery to stamp out such unlawful practices brought to their attention.
- The media must publicise and shame all those involved in this disreputable occupation.
- At the same time, the police authorities need to be extra vigilant in apprehending criminals.
Conclusion
Tough times call for tough measures. This business of criminal trading of children must be checked with an iron hand.
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[pib] Child Beggars and their protection
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Various provisions of the Juvenile Justice Act
Mains level: Child rights and their protection
The Union Minister of Women and Child Development has given important information regarding the protection of child beggars in India under various acts and ministries.
Q.What are the various legislatures aimed at protecting Child Beggars in India? Discuss their efficacy in the prevention of child begging as well as abuse.
Protection of Child Beggars
(A) JJ Act, 2015
- The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the primary law for children in the country.
- The Section 2 (14) (ii) of the Act, 2015, considers a child being in force or is found begging, or living on the street as a “child in need of care and protection”.
- As per Section 76 of JJ Act, whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment.
- The Act provides a security net of service delivery structures along with measures for institutional and non-institutional care, to ensure the comprehensive well being of children in distress situations.
- The primary responsibility of execution of the Act rests with the States/UTs.
(B) Child Protection Services (CPS)
- The Ministry implements a centrally sponsored scheme CPS under the umbrella Integrated Child Development Services scheme.
- It supports the children in difficult circumstances including child beggars and destitute children.
- Under the scheme, institutional care is provided through Child Care Institutions (CCIs), as a rehabilitative measure.
- The programmes and activities in CCIs inter-alia include age-appropriate education, access to vocational training, recreation, health care, counselling etc.
- The scheme supports 24×7 emergency outreach/ helpline service for children in distress conditions.
- The service is accessible through a dedicated toll-free number, 1098 from anywhere in India.
(C) Rehabilitation measures
- The Ministry of Social Justice and Empowerment, has undertaken a pilot project for Comprehensive Rehabilitation of Persons engaged in the act of begging.
- It is currently held in ten (10) cities; namely Delhi, Mumbai, Chennai, Ahmadabad, Hyderabad, Bangalore, Lucknow, Patna, Nagpur and Indore.
- The initiative aims for identification, rehabilitation, counselling, skill development of beggars.
- It includes education of children engaged in begging/children of persons engaged in the begging.
The children of today are assets of tomorrow. Yet education, which is a fundamental right to every child in our country, is still a dream for many children in India, especially the ones who are poor, downtrodden and in dire need.
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Child Rights – POSCO, Child Labour Laws, NAPC, etc.
Future for the World’s Children Report 2020
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Future for the World’s Children Report 2020 and indices mentioned
Mains level: Ensuring sustainable development worldwide
The Future for the World’s Children Report 2020 was recently released.
About the report
- The report was released by a commission of over 40 child and adolescent health experts from around the world after assessing 180 countries.
- It was commissioned by the World Health Organization (WHO), UN Children’s Fund (UNICEF) and The Lancet medical journal.
What is Flourishing Index?
- Flourishing is the geometric mean of Surviving and Thriving.
- For Surviving, the authors selected maternal survival, survival in children younger than 5 years old, suicide, access to maternal and child health services, basic hygiene and sanitation, and lack of extreme poverty.
- For Thriving, the domains were educational achievement, growth and nutrition, reproductive freedom, and protection from violence.
Threats to Children
- The report highlights the distinct threat posed to children from harmful marketing.
- Evidence suggests that children in some countries see as many as 30,000 advertisements on television alone in a single year, while youth exposure to vaping (e-cigarettes) advertisements increased by more than 250% in the U.S. over two years, reaching more than 24 million young people.
- Studies in Australia, Canada, Mexico, New Zealand and the U.S. — among many others — have shown that self-regulation has not hampered commercial ability to advertise to children.
- Children’s exposure to commercial marketing of junk food and sugary beverages is associated with the purchase of unhealthy foods and overweight and obesity, linking predatory marketing to the alarming rise in childhood obesity.
- The number of obese children and adolescents increased from 11 million in 1975 to 124 million in 2016 — an 11-fold increase, with dire individual and societal costs, the report said.
What is Sustainability Index?
- Under the Sustainability Index, the authors noted that promoting today’s national conditions for children to survive and thrive must not come at the cost of eroding future global conditions for children’s ability to flourish.
- It ranks countries on excess carbon emissions compared with the 2030 target.
- This provides a convenient and available proxy for a country’s contribution to sustainability in future.
Highlights of the SI
- The report noted that under realistic assumptions about possible trajectories towards sustainable greenhouse gas emissions, models predict that global carbon emissions need to be reduced from 39·7 gigatonnes to 22·8 gigatonnes per year by 2030 to maintain even a 66% chance of keeping global warming below 1·5degrees C.
- No country in the world is currently providing the conditions we need to support every child to grow up and have a healthy future alarmed the report.
India’s performance
India ranked 77th on a sustainability index that takes into account per capita carbon emissions and ability of children in a nation to live healthy lives and secures 131st spot on a flourishing ranking that measures the best chance at survival and well-being for children.
Performance of nations in SI
- Norway leads the table for survival, health, education and nutrition rates – followed by South Korea and the Netherlands.
- The central African Republic, Chad and Somalia come at the bottom.
- However, when taking into account per capita CO2 emissions, these top countries trail behind, with Norway 156th, the Republic of Korea 166th and the Netherlands 160th.
- Each of the three emits 210 per cent more CO2 per capita than their 2030 target, the data shows, while the U.S., Australia, and Saudi Arabia are among the 10 worst emitters.
- The lowest emitters are Burundi, Chad and Somalia.
- According to the report, the only countries on track to beat CO2 emission per capita targets by 2030, while also performing fairly — within the top 70 — on child flourishing measures are Albania, Armenia, Grenada, Jordan, Moldova, Sri Lanka, Tunisia, Uruguay and Vietnam.
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