According to Section 82, any crime committed by a child in the age group of 0 to 7 years will not be considered a crime because children of this age group have so much understanding or it can be said that their mental development and power of thinking and understanding are He is not old enough to understand what a crime is. Because the mental capacity of children does not expand till this age.
According to Section 83, if any crime is committed by children in the age group of 0 to 12 years, it will not be included in the category of crime if the child is mentally deformed. Section 166 [B] According to this section, if any victim goes to a doctor for treatment and is refused treatment, then there is a provision of 1 year imprisonment for this crime as per Section 357 [C] of CRPC. will be.
[5] Section 305: Attempting suicide or self-immolation by any child will be considered a crime. Under this, a provision of punishment up to seven [7] years has been made. [5] Section 326: Attacking any person with any kind of chemical substance, acid etc. by any person will be considered a crime. There is a provision under this for 10 years.
[6] Section 326 [A] Under this section, if any person intentionally attacks with acid or any other chemical substance, then according to the Law Amendment Act 2005, there is a provision of life imprisonment. [7] Section 326 [B] → If a person tries to attack with acid etc., then there is a provision of minimum 3 years and maximum 7 years of punishment. [6] Section 369: Under this section, if any person abducts an infant with the sole purpose of stealing any body part of the infant, it will be a crime. Under this section, a provision of punishment of 5 years has been made. Online portal for children :→
[1] Lost and Found Online Portal:→
[0] If a child has been kidnapped, a complaint related to it is lodged here on this online portal.
[b] If information about a child who has been kidnapped earlier is also received. This portal is operated by Women and Child Development Malayala on 2 June 2015.
[2] Swayam App: Launched on 12 January 2017 by the Ministry of Women and Child Development. In this, all the schemes related to children are distributed.
[3] Vidya-Lakshmi: This online portal has been created to provide free education to children.
Child Labor Law: Child Labor Prohibition and Regulation Amendment Act - 2016 Under this Act, the child's age group is 0-15 years. 15-18 Adolescents Adults over 18 years of age. In this Act, children have been divided into two categories-
[a] Children cannot be employed in any kind of work until they complete 14 years of age.
[b] A child who has completed 14 years of age and has not completed 16 years of age shall not be employed in dangerous and hazardous work.
Child Labor Law: Child Labor Prohibition and Regulation Amendment Act - 2016 Under this Act, the child's age group is 0-15 years. 15-18 Adolescents Adults over 18 years of age. In this Act, children have been divided into two categories-
[a] Children cannot be employed in any kind of work until they complete 14 years of age.
[b] A child who has completed 14 years of age and has not completed 16 years of age shall not be employed in dangerous and hazardous work.
Provision of fine in the Act: If any person violates the provisions of this Act, he can be punished with a fine of minimum 20 thousand and maximum 50 thousand rupees and imprisonment of minimum 6 months and maximum 2 years or both. If the crime is repeated, the minimum punishment can be 1 year and the maximum punishment can be up to 3 years.
Note: If a guardian or parent is forced to do such work then he or she will also be liable for punishment. Even if such prison sentence is not given, financial penalty can still be imposed. Which can be Rs 10000 or more.
The government has the right to make rules to determine the period of work or the type of work for children aged 14 to 18 years.
Categories not included in juvenile delinquency:
[Q] After school, the child can help in the family and family business if the business is not dangerous.
[b] If it meets all the safety standards in the field of film and TV.
[c] In the field of sports.
[d] There is a complete ban on activities like circus.
Child and Adolescent Labor Rehabilitation Fund:- Under this scheme, the amount of fine is deposited. It is used for the rehabilitation of victimized children.
Paragraphs related to child labour:
[1] Article-23 Prohibition of child trafficking and human trafficking
2 Article 24 Prohibition of employment of girls below 14 years of age in hazardous activities.
[3] Article 34 The government will have the moral responsibility for the development of children.
[4] Article 21A] Right to free education for children aged 6 to 14 years.
Campaigns launched to stop child labour:
[1] Child Skills Scheme.
[2] Campaign from labor to education.
[3] Bachpan Yojana: Scheme for rehabilitation of child begging.
Child Labor Conditions: A child may not be employed between 7 pm to 8 am. It is necessary to have one holiday in the week. Maximum work can be done for 6 hours. After working for 3 hours continuously, 1 hour rest is mandatory.
[1] Juvenile Trust Act 2015: This Act was enacted on 1 December 2015. Under this Act, children have the right to freedom under Articles 15, 19 and 39 of the Indian Constitution.
[4] Child Marriage Prohibition Act-2006: This Act came into force from 10 January 2007. The purpose of which was to stop the increasing child marriage in India. Under this Act, it is necessary for a man to be 21 years of age and a girl to be 18 years of age before marriage. If both of them are below this age, then in such a situation they will be punished with imprisonment up to 2 years or fine up to Rs 1 lakh or both.
Note- If any person gives information about child marriage, he will be rewarded. Participation in a child marriage ceremony will also be punished with imprisonment of up to 2 years or a fine. When the Child Marriage Restraint Act 2006 was enacted, the Sharda Act [Child Marriage Restraint Act - 1929] was repealed.
[3] POCSO Act (POCSO) The Protection of child sexual offense 2012 This Act was passed on 19 June 2012. And this Act was implemented from 14 November 2012. Under this Act, children below 16 years of age It is defined as a child. Its objective is to provide protection to the child from sexual crimes like sexual harassment, sexual abuse, obscene depiction etc.
Note- If any person knows that a child has been sexually abused and does not report it to the nearest police station, he can be punished with imprisonment up to 6 months.
Categories of Crime:
[1] Sexual Assault – Punishment Minimum 3 years
[2] Serious sexual assault
13] Sexual penetration assault
15] Penetrative sexual assault
[1] Sexual harassment
Note- If any person misuses this Act, i.e. files a wrong complaint, there is a provision of 6 months' imprisonment for him. The crime will be reported to the Special Juvenile Police Unit at the local police station.
[.] After receiving the report, within 24 hours the police reported it to the Special Court and the Child Welfare Committee.
[.] After that the police play the role of protector. The child is immediately taken to the hospital. Accommodation is arranged for the child.
[-] The police will be responsible for the overall care and safety of the child.
There is a provision to create a special court under this Act. These special courts are established on the recommendation of the state government and the High Court. At present, the Sessions Court in every district has been declared a special court. The court will complete the hearing within one year and the hearing will be confidential and in camera. A parent or any other confidant can accompany the children in the hearing. There is a ban on revealing the identity of the child through the media. The media can contact the child with the permission of the Special Court. If the media violates these provisions, then in such a situation a provision of punishment of 6 months has been made.
If the crime has been committed by a child then it will be tried under the Juvenile Justice Act 2000. The National Commission for Protection of Child Rights and the Governor's Commission for Protection of Child Rights will monitor this Act and implement the provisions.
[0] Under this Act, collection of obscene moving images and pictures is also considered a crime. If this crime has been committed by a close relative of the child or by someone whom the child trusts or by a government official or a doctor, then they will also fall in the category of criminals.
[b] Crimes committed against mentally ill children have also been kept in this category. It deserves special attention that the justice process should be child friendly. The State Government appoints a Special Public Prosecutor for the protection of this Act.
Rights to be given to children:
[0] No question that hurts the sentiments or dignity of the child can be asked during judicial proceedings.
[6] Right to receive compensation.
[c] Right to enjoy comfortable and friendly environment
[d] Right to conduct the proceedings in camera.
Note- If a child is guilty of sexual offenses with another child, then judicial proceedings will be taken by the Juvenile Justice Board. If the child is found guilty then the following orders can be passed against him.
[1] To explain and give proper advice.
[2] To give advice on good conduct.
[3] Ordering to participate in group discussion
(4) To give orders to render justifiable service.
(5) To order conditional release.
Institutions mentioned in the Act and their responsibilities:
As soon as the information is received, take cognizance of the child and accept the child.
(2) Declaration of release of the child surrendered till orphan after complete investigation and proceedings.
[3] To provide all legal services to the child.
(4) To take action on all the cases under section 17.
[b] Central and State Government:
(1) To establish special courts.
[2] To remove the deficiencies of the Act.
[3] To spread awareness about the Act.
[5] To provide training about the Act.
Court -
[1] Complete the proceedings within one year.
[2] To provide a friendly environment during the judicial process.
[3] Duty to maintain the dignity of children.
[5] To protect the rights of the victim.
[5] To conduct speedy justice process.
Amendments made in POCSO Act
[1] Punishment for rape of children under 12 years of age - death.
[2] 20 years imprisonment/life imprisonment or death for raping children above 12 and below 16 years of age.
Categories of crimes :-
[1] Sexual assault:- If any kind of physical assault is done by any person for the purpose of sexual harassment.
Attempting to rape any child or when any person touches the private parts of the child with sexual intent or asks the child to touch his own or any other person's private parts or pressures him to do so If yes then it is sexual assault.
[2] Aggravated sexual assault: When this act is committed by a public servant. If sexual assault is committed by an employee of any government department or by an officer or employee of a medical department or by any type of government employee, then it will be considered as serious sexual assault.
[3] Sexual penetration: When a person inserts his private part or any other body part or any object into the child's mouth, anus, urethra or any other private parts of the child, then such act is sexual. Called a penetration attack.
[4] Aggravated Sexual Penetration: When sexual penetrative assault is committed by a government employee.
[5] Silent harassment: If a person does any of the following with a child with sexual intent:
[1] Use of sexual terms or abuse.
[b] Showing child porn material or making pornography of a child.
[c] Finding or viewing material related to child pornography and sending it to another person.
[d] Displaying a child with sexual intent on any social network.
[e] To display the sexual senses of a child.
[f] Indecent or indecent exposure of a child.
[G] Using a child for sexual acts, real or simulated, with or without penetration.
[H] Using children for obscene purposes.
Right to education-2009 Right to Free and Compulsory Child Education Act
[1] To provide free education to children aged 6 to 14 years.
[2] For practical implementation of fundamental rights.
[3] To provide free education to children below 14 years of age in private schools.
In 1870, England implemented free and compulsory education. This was the first country in the world. In 1904, Siyaji Gaekwad, the ruler of the princely state of Baroda in India, implemented free and compulsory education in his princely state. In 1910 - Gopal Krishna Gokhale proposed to the British Raj to implement free and compulsory education throughout India, which was rejected by the British. On 1 December 2002, the 86th Constitutional Amendment declared education for the children of 6 to 14 years as basic for Indians, which is mentioned in Part-3 Article. 2 is in [A].
Creation of Right to Education Act 2009 for practical implementation of fundamental rights: India was the 135th country in the world which implemented free and compulsory education.
Comments
Post a Comment