Child Abuse

What is Child Abuse and What are Its Provisions in India?

According to the Constitution of India, Article 15 (3), the state should make special provisions for children. Article 39 of Part IV of the Constitution calls upon the state to preserve its policy (among other things) so that children are not abused; Not compelled by economic necessity to file advocacy for his age or strength; There are provisions for child abuse.

And that they are given opportunities to develop in a healthy way and in the terms of freedom and dignity, protected against moral and material abandonment. In addition, the United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989 by the United Nations General Assembly, provides universal recognition of the rights of children of its member states.


1) The UNCRC is India’s fundamental law in dealing with children in need of care and protection, taking forward the vision of the Juvenile Justice (Care and Protection of Children) Act, 2015. It fulfills their needs by addressing matters in the interest of children, through their child-accessible approach to care, protection, development, treatment, social reinforcement.

2) The Protection of Children from Sexual Offenses Act (POCSO), 2012 is one of the most progressive laws of the Government of India to combat child abuse. POCSO is eligible for aggressive sexual assault on a child under 12, for aggressive sexual assault, punishable with fines and a minimum term of rigorous imprisonment for 10 years, which can be extended to life imprisonment.

3) The introduction of several new sexual offenses under the Criminal Law (Amendment) Act, 2013 Indian Penal Act, such as Section 376 (2) (i), IPC, which punishes rape of a woman under 16 years of age, rape. Considered an aggravated form of fines and a minimum sentence of 10 years of rigorous imprisonment, which can be extended to life imprisonment.


All citizens under the age of 18 are entitled to the rights conferred by the Constitution of India and international legal instruments which we have accepted by constitutional reform.

The Constitution of India provides for certain child rights, which are expressly provided for their protection.

Child rights go beyond just human rights and exist to ensure that people are treated equally and properly around the world and their welfare is promoted.

  • Right to elementary and compulsory elementary education for all children between the ages of 6 and 14 (Article 21A).
  • Right to be safe from any dangerous activity till the age of 14 (Article 24).
  • The right to be protected from misconduct by economic necessity (Article 39) and forced into occupations unfit for age or power.
  • Assured appropriate opportunities and facilities to grow safely and under conditions of equality and dignity, and protection of children and youth against.
  • Abuse and moral and material abandonment (Article 39F).
  • Right to equality (Article 14).
  • Right against discrimination (Article 15).
  • Right to personal rights and due legal process (Article 21).
  • Right to protection from slavery and forced into slave labor (Article 23).
  • The right to be protected from social inequality and other forms of oppression of poor segments of the population (Article 46).

Through new laws and amendments to existing laws, the legal framework for child rights in India is being reformed.

Legislations include:

1) Food Security Act of 2013,

2) POCSO Act, 2012,

3) The Free and Compulsory Education Act 2009,

4) Child Marriage Prohibition Act 2006,

5) Commission for Protection of Child Rights Act 2006,

6) Juvenile Justice Act (Care and Protection of Children) Act 2006,

7) Child Labor Act (Prohibition and Regulation), 2008

A major federal law was the Juvenile Justice (Care and Protection) Act 2000 (revised 2006). It provided a system for both the care and care of children and children in conflict with the law and not their child abuse. This law is currently under review by the original amendments and may be replaced by a new method.

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Anshika Katiyar

Anshika Katiyar

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