Child protection policies in india: key laws & importance

02/07/24

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As per The Constitution of India, Article 15(3), State must make special provisions for children. Article 39 of Part IV of the Constitution asks the State to direct its policy towards securing (among other things), that children are not abused; not forced by economic necessity to enter avocations unsuited to their age or strength; and that they are given opportunities to develop in a healthy manner and in conditions of freedom and dignity, protected against moral and material abandonment. These provisions align with India’s child protection policy, ensuring a legal framework for safeguarding children’s rights. Further, the UN Convention on the Rights of the Child (UNCRC), adopted by the UN General Assembly in 1989, delivers universal recognition of children’s rights to its member nations.

Key Child Protection Policies and Legislation in India

India has established a robust legal framework to safeguard children’s rights and ensure their protection from abuse, neglect and exploitation. Key legislations include:

1. Juvenile Justice (Care and Protection of Children) Act, 2015
   

   This Act is the cornerstone of child protection law in India. It addresses children in conflict with law as well as children in need of care and protection. The law emphasises rehabilitation, social reintegration and a child-friendly approach, ensuring that all decisions are made in the best interests of the child.

2. Protection of Children from Sexual Offences (POCSO) Act, 2012
   

   POCSO provides a comprehensive legal framework to combat sexual abuse and exploitation of children. It defines various offences, ensures child-sensitive judicial procedures and prescribes stringent punishments, including rigorous imprisonment for aggravated offences.

3. Criminal Law (Amendment) Act, 2013
   

   This amendment strengthened provisions under the Indian Penal Code by introducing stricter penalties for sexual offences against minors, reinforcing legal safeguards for children across the country.

Importance of Child Protection Policy in India

A strong child protection policy is essential to ensure that children grow up in safe, nurturing and enabling environments. In a country as diverse and populous as India, structured policies provide a uniform framework to prevent abuse, exploitation, neglect and violence. They clarify the roles and responsibilities of institutions, schools, child care homes and authorities, ensuring accountability at every level.

Child protection policies also promote early identification of risks and establish reporting and response mechanisms that prioritise the child’s best interests. Beyond legal compliance, they foster a culture of safety and awareness within communities. By strengthening systems of prevention, intervention and rehabilitation, child protection policies help secure children’s rights and contribute to their long-term well-being and development.

Constitutional & International Foundation for Child Policy in India

Child protection policy in India is anchored in both constitutional guarantees and international commitments. The Constitution of India provides a strong foundation through provisions such as Article 15(3), which permits special laws for children, Article 21A ensuring the right to education, and Directive Principles that mandate protection against exploitation and abuse. These constitutional safeguards establish the State’s responsibility to promote children’s welfare and development.

Internationally, India’s ratification of the United Nations Convention on the Rights of the Child reinforces its obligation to uphold global child rights standards. Together, constitutional mandates and international frameworks shape a comprehensive policy environment that guides legislation, programmes and institutional mechanisms aimed at protecting every child.

How Bal Raksha Bharat Supports Child Protection Policies in India

SOP for Care and Protection of Children in Street Situations
Working in collaboration with the National Commission for Protection of Child Rights (NCPCR), Bal Raksha Bharat launched the Standard Operating Procedure (SOP) for Care and Protection of Children in Street Situations. The SOP lays down a sequence of actions to be taken for restoration and rehabilitation of street children , aligning with the child protection policy in India. This includes getting them Aadhaar cards, health insurance, bank accounts and financial sponsorship for families to help meet medical and nutritional requirements of a child. An estimated 50,000 street children in Delhi were selected for Aadhaar card registration on a pilot basis, and the NGO aims to cover children in five states in the first two years.

Supporting implementation of Foundational Literacy & Numeracy (FLN) of National EducationPolicy (NEP) 2020 in 4 states (Jharkhand, Delhi, Rajasthan and Bihar) while adhering to the Child Protection Act in India to ensure the safety and rights of children throughout the educational process.

MoU with Rajasthan Council of School Education/Department of School Education for successful implementation of elementary education for the period of 2022-26 and promotion of girls’ education for the period 2022- 24

MoU with Department of School Education -Govt. of Telangana and Centre for Innovation in Public Systems (CIPS) for conceptualising, designing and implementing the Learning ImprovementProgram (LIP) to improve children’s learning for the classes 6th to 9th in 33 districts of Telangana state for the period 2023-25

Developed India’s first Comprehensive School Safety Curriculum for Andhra Pradesh in technical collaboration with the Department of School Education and the State Council of Educational Research and Training (SCERT), Andhra Pradesh.

Partnership established with the National Institution of Disaster Management (NIDM) under the Ministry of Home Affairs to institutionalize training on Education in Emergency (EiE) and develop state-specific EiE roadmap

Child protection programme: interventions

Bal Raksha Bharat establishes Children Groups, bringing together vulnerable children to collectively work towards solutions of child protection to uphold child rights, preventing cases of child marriage, child trafficking, child abuse and child labour. It navigates map out-of-school children, street children and those who are involved in child labour to schools through enrolment drives. It also coordinates with district and state level authorities to ensure right implementation of laws so that children in the area are kept safe.

Conclusion

NGOs like Bal Raksha Bharat are tirelessly working for the protection of children with following multiple child protection act in india for the childrens who pushed into child labour, children facing abuse in the community, children trafficked, children affected by a calamity or emergency situations. It rescues them from children facing various kinds of harms – abuse, neglect, exploitation, physical danger and violence. Executing programmes in India’s remotest parts, the NGO is driven by the premise of ensuring happy and safe childhoods for all children. Towards this goal, he partners with civil society organisations, child-led initiatives, governments and other key stakeholders. Donate online to do prevent child abuse in all forms.

Gaurav Sharma

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