SUMMARY OF THE

CHILD PROTECTION
LAWS IN INDIA

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 CONTENTS

ABBREVIATIONS 1
JUVENILE JUSTICE 2
1.1 History of Juvenile Justice 2
1.2 Juvenile Justice Act, 1986 4
1.3 The Juvenile Justice (care and protection of children) Act, 2000 5
1.4 Juvenile Justice (care and protection of children) Act, 2015 5

1.4.1 Children in conict with law 8

1.4.2 Types of offences 9
1.4.3 Orders regarding child in conict with law 10
1.4.4 Heinous crime committed by a child who is 16-18 years
(Section 15, 19 and 20) 10
1.4.5 Determination of age (Section 94) 11

1.5 Role of stakeholders in dealing with child in conict with law 11

1.5.1 Role of police {Rule 8, Juvenile Justice (Care and

Protection of Children) Act, Model Rules, 2016} 11
1.5.2 Role of juvenile justice board {Rule 10, Juvenile Justice
(Care and Protection of Children) Act, Model Rules, 2016} 13
1.5.3 Role of child welfare committee 17
1.5.4 Role of district child protect unit {Rule 85: Juvenile Justice
(care and protection of children), Model Rules, 2016} 17
1.5.5 Role of NGO 19

1.6 Child in need of care and protection 20

1.6.1 Child welfare committee 21

1.6.2 Procedure in relation to child welfare committee 22
1.6.3 Orders regarding child in need of care and protection 23

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1.7 Role of stakeholders in case of Child in Need of Care and
Protection 24
1.7.1 Role of Police 24
1.7.2 Role of juvenile justice board 25
1.7.3 Role of child welfare committee 25
1.7.4 Role of DCPU 27
1.7.5 Role of NGO 29

1.8 Offences against children 30

1.9 Adoption 31
1.9.1 Role of Central Adoption Resource Authority 31
1.9.2 Structure State Adoption Resource Agency 32
1.9.3 Function of State Adoption Resource Agency 32
1.9.4 Specialized Adoption Agency (SAA), Section 65 33
1.9.5 Eligibility of prospective adoptive parents (Section 57) 34
1.10.1 Rehabilitation of children in conict with law 34
1.10.2 Rehabilitation of children in need of care and protection 34

CHILD SEXUAL ABUSE 36

2.1 Child Abuse 36
2.2 Child Sexual Abuse 36
2.3 POCSO Act, 2012 37

2.3.1 Categories of Sexual offence under POCSO Act, 2012 38

2.3.2 Reporting of POCSO Cases 44
2.3.3 Recording of statement and procedure of trial 45

2.4 Role of different stakeholders in cases of Child Sexual Abuse 46

2.4.1 Role of Police 46

2.4.2 Role of Juvenile Justice Board 49
2.4.3 Role of Child Welfare Committee 49
2.4.4 Role of DCPU 51
2.4.5 Role of NGOs/Childline 52

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CHILD MARRIAGE 53
3.1 Child Marriage 53
3.2 Data on Child Marriage 53
3.3 Causes of Child Marriage 54
3.4 Consequences of Child Marriage 54
3.5 Who can complain if Child Marriage is happening? 55
3.6 How can a child marriage be made voidable 55
3.7 Situations when the Child marriage becomes automatically void 55
3.8 Provision for maintenance and custody 56
3.9 Who can be punished and Quantum of Punishment 56
3.10 Role of CMPO in preventing Child Marriage: 57
3.11 Role of various stakeholders in cases related to child marriage: 57

MISSING CHILDREN 59
4.1 Missing child 59
4.2 Data on missing children in India 60
4.3 Where / How and who can report a missing child? 60
4.4 Roles of stakeholders in case of missing child: 61
4.4.1 Role of Police 61
4.4.2 Role of Juvenile Justice Board 62
4.4.3 Role of Child welfare committee 63
4.4.4 Role of District Child Protection Unit 64
4.4.5 Organized crime perspective 65

4.5 Organized crime perspective 65

4.5.1 Steps to be taken when a child is found or recovered: 65
4.5.2 Role of Police: 65

CHILD LABOUR 67
5.1 Child Labour 67

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5.2 Data on child labour in India 68
5.3 Genesis of Child Labour laws in India 68
5.4 The Child and Adolescent (Prohibition and Regulation) Act, 1986 70

5.4.1 Prohibition of employment of children 70

5.4.2 Condition of employment of Adolescents 70
5.4.3 Condition of employment as Child Artist (Rule 2 c) 71
5.4.4 Maintenance of register (Section 11) 72
5.4.5 Punishment for employing a child or adolescent (section 14) 72
5.4.6 Who can register a complaint against Child labour (Section 16) 73
5.4.7 Where to Complain 73
5.4.8 Certicate of Age (Section 10) 74
5.4.9 Duties of District Magistrate in prohibiting child labour 74
{Rule 17 ©}
5.4.10 Role of District Task Force {Rule 17 C, (2)} 75
5.5.1 Rescue team 75
5.5.2 Role of Police 76

5.6 Rehabilitation 77
5.6.1 Social Rehabilitation 77
5.6.2 Educational Rehabilitation 77
5.6.3 Economic Rehabilitation 78

HUMAN TRAFFICKING 79
6.1 Human Trafcking 79
6.2 Why human trafcking 82
6.3 Causes of Human Trafcking 82
6.4 Who can le a complaint 83
6.5 Where to complain: 84
6.6 Action to be taken after receiving a complaint 84

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6.7 Rehabilitation after Rescue 85
6.7.1 Social Rehabilitation 85
6.7.2 Economic Rehabilitation 86
6.7.3 Educational support 86

6.8 Role of different stakeholders in dealing with case of Human

Trafcking 87

6.8.1 Role of Police 87

6.8.2 Role Non-Government Organisation 89
6.8.3 Role of Child Welfare Committee 90
6.8.4 District Child Protection Unit 90

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 ABBREVIATIONS

CARA Central Adoption Resource Authority

CCI Child Care Institution
CCL Child in Conflict with Law
CLPRA Child and Adolescent Prohibition and Regulation Act
CMPO Child Marriage Prohibition Officer
CNCP Child in need of Care and Protection
CrPC Criminal Procedure Code
CWC Child Welfare Committee
CWPO Child welfare police officer
DCPO District Child Protection officer
DCPU District Child Protection Unit
DLSA District Legal Services Authority
DM District Magistrate
DNO District Nodal Officer
DTF District Task Force
FIR First Information Report
HIV Human Immuno Virus
ICPS The Integrated Child Protection Scheme
ILO International Labour Organization
IPC Indian Penal Code
JJB Juvenile Justice Board
NCLP National Child Labour Project
PO Probation Officer
POCSO Act Protection of Children from Sexual Offences Act
SAA Specialized Adoption Agency
SARA State Adoption Resource Authority
SDM Sub-Divisional Magistrate
SHO Station House Officer
SI Sub Inspector
SJPU Special Juvenile Police Unit
SLSA State Legal Services Authority
UNICEF  United Nations International Children’s Emergency Fund
UNCRC United Nations Convention on the Rights of Children
WHO World Health Organization

1
 JUVENILE JUSTICE

1.1 History of Juvenile Justice

History of Juvenile Justice can be traced back to the British Courts of High
Chancery. The Federal Courts of High Chancery was given the responsibility
of Parens-Patriae (in place of parent) which included taking care and
protecting the child in the absence of his parents and whose property was in
danger. These Federal Courts ensured general child welfare and incorporated
the neglected and dependent child within their jurisdiction. Under the British
Common law, a child below 7 years was considered to be incapable of
committing a crime. A child between the ages of 7 years to 14 years was
also considered to be incapable of having the maturity and understanding
to fully comprehend the consequences of his actions. Special tribunals were
created to deal with such children as it was believed that the adult criminal
courts were not equipped to deal with Juvenile offenders. Special courts for
Juveniles were first initiated in USA in 1847. The first Juvenile Court was
established in Chicago in 1899 and in England in 19051.

The term Juvenile Justice was used for the first time in the State of Illinois,
USA in 18992. The history of Juvenile Justice System in India can be traced
back to the British era. The Apprentice Act of 1850 was the first Act that
laid the foundation of the Juvenile Justice System in India. The concept of
Juvenile Justice gained momentum with the enactment of IPC (Indian Penal
Code) in 1860 and Reformatory Schools Act in 1876, which was later
amended in 1897. The Reformatory Schools Act is considered to be the
landmark legislation in Juvenile Justice. According to this Act, courts can
order a child to be kept in Institution for 2-7 years till the age of 18 years.
Further, suggestions to deal with children were proposed by the Indian Jail
Committee in 1919-1920. It stated that “largely due to lack of suitable
training and to bad upbringing…. It should be given in a special institution

1 http://shodhganga.inflibnet.ac.in/bitstream/10603/145628/9/09_chapter5.pdf

2 http://shodhganga.inflibnet.ac.in/bitstream/10603/145628/9/09_chapter5.pdf

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devised and equipped for the purpose… we consider that imprisonment of
children (below 14) and young persons (14-16) is clearly contrary to the public
policy and we recommend that the provision of English law on this subject
which have already been embodied in the Madras Children Act should be
generally adopted throughout India.3 The report of the Indian Jail Committee
further suggested that i. Juvenile offender should be treated in a different
way than an adult, ii. Detention of juvenile offenders should be prohibited and
iii. Provision of reformatory schools and constitution of juvenile courts4

Thereafter, the Madras Children Act was enacted in 1920. Subsequently,

Bengal Children Act, 1922 and Bombay Children Act 1924 were also
enacted. Till this point of time, the main idea was the welfare of the child
irrespective of the fact whether the child was delinquent or neglected. After
independence, it was observed that, the number of neglected and delinquent
children increased exponentially. Industrialization and rapid urbanization also
brought different types of problem for children. So, in 1960, a new law was
enacted for children that came to be known as the Children Act of 1960.
This Act was applicable to all the Union Territories and the States were free
to adopt the Act. This Act provided for care, protection, welfare, education
and rehabilitation of neglected and delinquent children. This Act strictly
prohibited detention of children in jails. During this period, the juvenile justice
system was not uniform across the country and each State had its own
different juvenile law, norms and practice.

In the year 1985, United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, commonly referred to as the Beijing
Rules was adopted by the UN General Assembly. The Beijing rules stressed
on the wellbeing of the juvenile and stated that it is the responsibility of the
Government to develop conditions for meaningful life of a juvenile. It also
suggested that juvenile justice should be an integral part of the national
development process and social justice.5

3 Para 367 Indian Jail Committee Report 1919-1920

4 Indian Jail Committee Report 1919-1920
5 The Beijing Rules

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In 1989, The United Nations Convention on the Rights of Children (UNCRC)
was adopted and this is one of the most widely adopted Conventions of
the UN. The rights covered under the Convention can be clubbed into four
categories as listed below:

• Right to survival

• Right to protection

• Right to development

• Right to participation

1.2 Juvenile Justice Act, 1986

In the backdrop of this world scenario, the first Juvenile Justice Act, was
enacted in India in 1986. With the enactment of Juvenile Justice Act, welfare
approach was replaced by justice approach. The Act provided for the care,
protection, treatment, development and rehabilitation of neglected or
delinquent juveniles under this Act, the age of the children was not uniform.
Girls below the age 18 was considered child, but for boys the age was 16
years. This led to a lot of ambiguity and confusion. Moreover, India ratified the
UNCRC in 1992 which made it a mandate to:

• Protect children from all forms discrimination irrespective of sex,

colour, nationality and ethnic background (Article. 2)

• Ensure best interest of the children as the primary consideration in

all decision making process (Article 3)

• Ensure right of the child to life, survival and development to the

maximum extent of the available resources (Article 4 & 6)

• Ensure right of children to freely express views and to be heard

(Article 12)6

6 The United Nations Convention on the Rights of the Child

4
This global scenario made it necessary to amend the Juvenile Justice Act of
1986, which was repealed in 2000 and the new Juvenile Justice (Care and
Protection of Children) Act, 2000 came into force.

1.3 The Juvenile Justice (care and protection of children)

Act, 2000

The Juvenile Justice (Care & Protection of Children) Act, 2000 was in
coherence with UNCRC and did away with the age difference in boys and girls.
This Act considered all children below the age of 18 years under its gambit.
The two categories of children considered under this Act were juveniles in
conflict with law and children in need of care and protection. The Act was
amended twice in 2006 and 2011 to bring in more clarity.

In 2012, the brutal Nirbhaya case shook the entire nation and as one of the
perpetrators was a minor, it was strongly felt to amend the existing Act keeping
in view the heinous crimes committed by children. On 7th May’2015, the Bill
was passed in Lok Sabha and by Rajya Sabha on 22nd December’2015. The
Bill received President’s assent on 31st December’2015. It came into effect
from 15th January 2016 and replaced the Act of 2000.

1.4 Juvenile Justice (care and protection of children) Act,

2015

The Juvenile Justice (Care & Protection of Children) Act, 2015 is the umbrella
Act on child protection. Under this Act, the term juvenile is not used to describe
any category of children. It covers two categories of children-children in need
of care and protection and children in conflict with law. Several new terms
are defined such as “orphaned”, “abandoned”, “surrendered”, “petty offence”,
“serious offence”, “heinous crime”.

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The second chapter lays down the 16 General Principles of the Act which can
be considered as the bedrock for the entire Juvenile Justice System. The 16
General Principles are as follows7:

Principle of
All children should be presumed to be innocent and not
presumption of
having any criminal intent till the age of 18 years
innocence
Principle of dignity and All children shall be treated with equal dignity and
worth rights
Every child shall have a right to be heard and to
participate in all processes and decisions affecting
Principle of
his interest and the child’s views shall be taken into
participation
consideration with due regard to the age and maturity
of the child
All decisions regarding the child shall be based keeping
Principle of best
in mind the best interest of the child and to help the
interest
child to develop upto their full potential
The primary responsibility of care, nurture and
Principle of family protection of the child shall be that of the biological
responsibility family or adoptive or foster parents, as the case may
be
All measures shall be taken to ensure that the child
Principle of safety is safe and is not subjected to any harm, abuse or
maltreatment
All resources are to be mobilized including those of
family and community, for promoting the well-being,
facilitating development of identity and providing
Positive measures
an inclusive and enabling environment, to reduce
vulnerabilities of children the need for intervention
under this Act

Principle of non- Adverse, accusatory or negative words should not be

stigmatising semantics used in the processes pertaining to a child

7 Section 3 Juvenile Justice( Care and Protection of Children) Act, 2016

6
 No waiver of any of the right of the child is permissible
or valid, whether sought by the child or person acting
Principle of non-waiver
on behalf of the child, or a Board or a Committee and
of rights
any non-exercise of a fundamental right shall not
amount to waiver

There shall be no discrimination against a child on any

Principle of equality grounds including sex, caste, ethnicity, place of birth,
and non-discrimination disability and equality of access, opportunity and
treatment shall be provided to every child

Principle of right Every child shall have a right to protection of his privacy
to privacy and and confidentiality, by all means and throughout the
confidentiality judicial process

Principle of
A child shall be placed in institutional care as a step of
institutionalization as a
last resort
measure of last resort

Every child in the juvenile justice system shall have

the right to be re-united with his family at the earliest
Principle of
and to be restored to the same socio-economic and
Repatriation and
cultural status that he was in, before coming under
Restoration
the purview of this Act, unless such restoration and
repatriation is not in his best interest of the child

All past records of any child under the juvenile

Principle of fresh start justice system should be erased except in special
circumstances

Measures for dealing with children in conflict with

law without resorting to judicial proceedings shall be
Principle of diversion
promoted unless it is in the best interest of the child or
the society as a whole

Basic procedural standards of fairness shall be adhered

Principle of natural to, including the right to a fair hearing, rule against bias
justice and the right to review, by all persons or bodies, acting
in a judicial capacity under this Act

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1.4.1 Children in conflict with law

Children in conflict with law is a child who is alleged or found to have

committed an offence and who has not completed 18 years of age on the
date of commission of crime.8 (Section 2(13))

A child in conflict with law needs to be produced before a juvenile justice

board within 24 hours of apprehension excluding time of travel. According to
the Act, there should be at least one Juvenile Justice Board in each district.
The juvenile justice board consists of three members.

Metropolitan
Magistrate or
Magistrate of the
1st Class
JUVENILE
JUSTICE BOARD
2 social workers with
atleast 7 years of
experience and 1
should be a woman

• One Magistrate and two members together form a bench and

the bench has the power of Metropolitan Magistrate or Judicial
Magistrate of First Class

• The members including the Magistrate are to be provided training

within 60 days of joining

• Term of members in the juvenile justice board is for three years and
a person can be member for two terms, but the terms cannot be
continuous.

8 The Juvenile Justice (Care and Protection of Children )Act,2015 , Section 2

8
 • Members can be terminated if :

i. Found guilty of misuse of power

ii. Convicted of an offence

iii. Does not attend proceedings of the board consecutively for

three months without valid reason

iv. Does not attend at least three fourths of the sittings in a year

• After apprehension, the child in conflict with law should be

produced before the Board and if the Board is not sitting, child can
be produced before a single member also within 24 hours

• During passing of a final order, at least two members should be

present including the Principal Magistrate

• District Magistrate is to conduct quarterly review of the cases

pending with the Board

• District Magistrate is also the redressal authority for cases under

the JJB

1.4.2 Types of offences

Any offence committed by a child can be categorised into three types9:

Includes the offences for which the minimum pun-

Heinous ishment under the Indian Penal Code (45 of 1860)
Section 2 , point 33 or any other law for the time being in force is impris-
onment for seven years or more

Includes the offences for which the punishment un-

Serious der the Indian Penal Code (45 of 1860) or any other
Section 2 , point 54 law for the time being in force, is imprisonment be-
tween three to seven years

Includes the offences for which the maximum pun-

Petty ishment under the Indian Penal Code (45 of 1860)
Section 2 , point 45 or any other law for the time being in force is impris-
onment up to three years

9 Juvenile Justice (Care and Protection of Children) Act, 215, section 2

9
1.4.3 Orders regarding child in conflict with law10

The juvenile justice board after inquiry of an offence committed by a child in

conflict with law can pass following orders based on the seriousness of the
offence:

• Allow the child to go home after counselling

• Direct the child to participate in group counselling activities

• Order the child to perform community service

• Ask the child or his parents or guardian to pay fine

• Can be released on probation under fit person/fit facility for a period

of not more than three years

• Can be sent to Special Home/Place of safety

1.4.4 Heinous crime committed by a child who is 16-18 years (Section

15, 19 and 20)

When a heinous offence is committed by a child who is between the age

of 16-18 years, the Juvenile Justice Board, after conducting a preliminary
assessment related to the physical and mental capacity of the child, ability
to understand consequences of the offence and his circumstances, comes
to the conclusion that there is a need for further trial in such cases, the Board
has the option to transfer the matter to the Children’s Court, which is the
Court of Session having jurisdiction to try heinous offences.

If after trial, a child is found guilty of committing a heinous offence by the

Children’s Court, then such child has to be sent to a place of safety for
reformation and rehabilitation up to the age of twenty one years. After
completing the age of twenty one years, an evaluation of the child is conducted
by the Children’s Court after which either the child is released or transferred
to an adult jail for the rest of term of imprisonment.

10 Juvenile Justice (Care and Protection of Children) Act, 215, section 18

10
1.4.5 Determination of age (Section 94):

When it is obvious to the Board, based on the appearance of the person that
the person is a child, the Board will record the same and proceed with the
case but when it is not obvious or when the Board has reasonable grounds for
doubt regarding the age of the person then the age is determined by seeking
evidence in the form of:

• Date of birth certificate from school or school leaving certificate

or the age mentioned in the school register during the time of
admission; and in the absence of these documents;

• Birth certificate issued by a Corporation or Municipal Authority or a

Panchayat;

• Only in absence of both the above, the Board can order bone
ossification test to determine the age of the person

1.5 Role of stakeholders in dealing with child in conflict

with law

1.5.1 Role of police {Rule 8, Juvenile Justice (Care and Protection of

Children) Act, Model Rules, 2016}:

• First inform his parent/guardian about the apprehension and of the

offence allegedly committed by the child

• Inform the Probation officer, so that he can gather information on

social background and circumstances under which the offence was
committed

• Inform special juvenile police unit or the child welfare police officer
to record the information regarding the offence in the general daily
diary. No FIR will be registered except in case of heinous crimes

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• A child will be apprehended only in case of heinous crime or when
apprehension is in best interest of the child. After apprehension, the
child will be produced before Juvenile Justice Board (JJB) within 24
hours

• In petty or serious offence where apprehension is not required, child

welfare police officer has to inform the juvenile justice board about
the offence allegedly committed by the child and also submit the
social background report

• The child cannot be hand cuffed or kept in jail. The child has to be
kept in observation home/fit facility or with fit person till the time of
first production before the juvenile justice board

• The child cannot be asked to sign on any document or statement

and in case of FIR being registered; the copy of the same has to be
given to the child or to his parents or guardian.

• The SJPU/CWPO cannot compel the child to confess guilt or use

force. The child’s parents/guardians can also be allowed to be
present during the interview

• Special juvenile police unit or the child welfare police officer has
to prepare the social background report of the child in Form 1 and
circumstances under which the child was apprehended and submit it
to the juvenile justice board during first hearing

• Special juvenile police unit or the child welfare police officer has to
inform the parents or guardian of the child as to when the child is to
be produced for hearing before the Board

• Police officer/SJPU/CWPO has to provide immediate medical

assistance to the child if needed

• Assistance of interpreter or a special educator if needed should be

provided during interviewing the child. It is mandatory for the CWPO
to be in plain clothes during interviewing the child

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 • Special juvenile police unit or the child welfare police officer has to
produce the child before JJB within 24 hours excluding the time of
travel

• Police officer has to inform the district legal services authority for
providing free legal aid to the child

• A list of all designated child welfare police officers, child welfare

officers, probation officers, para legal volunteers, district legal
services authorities and registered voluntary and non-governmental
organisations in a district, principal magistrate and members of the
board, members of special juvenile police unit and child line services
with contact details will have to be prominently displayed in every
police station

• In case of heinous offence being allegedly committed by a child

who is over 16 years, then the CWPO has to produce statement of
witnesses and other documents as far as possible within one month
and also give a copy of the same to parents/guardians of the child

• In case of petty/serious offence allegedly committed by a child, the

final report is to be submitted before the JJB at the earliest and not
beyond two months

1.5.2 Role of juvenile justice board {Rule 10, Juvenile Justice (Care and
Protection of Children) Act, Model Rules, 2016}:

• Any child apprehended by police for allegedly committing an offence

has to be produced before JJB within 24 hours of apprehension
along with a report explaining the reason and circumstances of the
child being apprehended. Board will consider the report and take
necessary action

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• In case the Board is not sitting, and a child is apprehended, then the
child has to be produced before a single member of the Board, and
the order given by the single member will have to be ratified in the
next sitting of the Board

• If the JJB is of the opinion that the child produced before it falls
under the category of a child who has been employed by a militant
group or any circumstances as mentioned in Sec 83, the Board can
decide to consider such a child as one in need of care and protection
and transfer the child to child welfare committee

• When a child is not apprehended but information of the offence

allegedly committed by the child is given to the board, then the board
will direct the child to appear before it at the earliest

• On production of a child, the Board has to review the report containing

the social background report (SBR), circumstances of apprehension,
and offences allegedly committed and then pass orders in relation
to the child.

• The Board can dispose the case if it is of the opinion that the
allegation is unfounded or is a petty offence.

• Refer the child to CWC if Board feels that the child is need of care
and protection.

• Release the child under supervision of fit per/fit facility/probation

officer through an order in Form three with directions to present the
child for inquiry on next given date.

• The Board can pass orders for keeping the child in a child care
institutions, if it thinks this option to be in the best interest of the
child

• In all cases where release in pending during inquiry, Board has to give
the next date of hearing not later than 15 days

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• If the child in conflict with law fails to appear before the Board, after
being granted bail, the Board has to issue directions to CWPO for the
production of the child

• If CWPO fails to produce the child even after directions from the
Board, the Board will have to pass orders as per Section 26 of the
Act

• When witness is produced before JJB for examination in an inquiry

relating to a child in conflict with law, it is the responsibility of the
Board to ensure that inquiry is not conducted in spirit of strict
adversarial proceedings

• The Board is supposed to address the child in child friendly manner

• Board has to take into account the report containing circumstances

of apprehending the child and the offence committed along with the
social investigation report before arriving at a conclusion

• The Board has to determine the age at the first instance when the
child is produced, in case of unavailability of age proof the Board will
pass orders for age determination as per section 94 of the Act

• For conducting preliminary assessment in case of a heinous crime

allegedly committed by a child who is over 16 years of age, the Board
may take assistance of psychologists/counsellors

• After preliminary inquiry, if the Board is of the opinion that the

offence was committed with an adult like mind, and the child should
be treated as an adult, Board shall assign reason for the same, share
a copy of that report with the child or parents/guardians of the child
and transfer the case to children’s court

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• After preliminary assessment, the Board can pass any of the
following:

o Order the child to be kept in a place of safety

o Decide to release the child after advice and admonition and ask
the child to participate in group activity or community service
and ask district child protection unit (DCPU) to arrange for
proper counselling

o If the Board decides to release the child on probation and place

him under the supervision of a parent/guardian/fit person, then
the custodian will submit a written undertaking

o Order release on personal bond

o Order to be placed under supervision of a probation officer for a

maximum period of three years

• If the Board finds that the child is not complying with the probation
conditions, the Board can then decide to send the child to a special
home or place of safety for the remaining time of probation

• Board has to maintain case monitoring sheet and every case and
every child as per Form No 11

• Board has to submit a quarterly report in Form 12 about the

pendency of cases, visits to Special Homes etc and share the report
with Chief Judicial Magistrate or Chief Metropolitan Magistrate and
District Magistrate

• The Boars has to ensure that no person unconnected with the case
is present in the room during case inquiry

• The Board will have to hold sittings in a child friendly manner and not
use harsh language for the child

• The Board is not supposed to sit on a raised platform

16
 • The Board has to sit on all working days for at least six hours

• The Board has to issue rehabilitation cared as per Form 14 and

monitor the progress of the Child

• The Board has to pass appropriate orders for re-admission or

continuation of studies of the child

• The Board has to ensure that District Child Protection Unit (DCPU)
extends legal help

• The Board has to review after care and sponsorship programs and
recognize fit person/fit facility

1.5.3 Role of child welfare committee

• In case the Juvenile Justice Board is of the opinion that the child is
need of care and protection as under section 83 of the Act, the child
welfare committee will have to take decision regarding the child and
tray for repatriation or rehabilitation of the child

• CWC has to take care of any child transferred to it by the Board and
take proceedings as per the Act

1.5.4 Role of district child protection unit {Rule 85: Juvenile Justice
(care and protection of children), Model Rules, 2016}

• Maintain report of quarterly information sent by the Board about

children in conflict with law produced before the Board

• Arrange for individual or group counselling and community service

for children

• Conduct follow up of the individual care plan prepared on the direction

of the Children’s Court for children in the age group of sixteen to
eighteen years found to be in conflict with law for committing
heinous offence

17
• Conduct review of the child placed in the place of safety every year
and forward the report to the Children’s Court

• Maintain a list of persons who can be engaged as monitoring

authorities and send the list of such persons to the Children’s Court
along with bi-annual updates

• Maintain record of run- away children from child care institutions

• Perform periodic and regular mapping of all child related services at

district for creating a resource directory and making the information
available to JJB from time to time

• Facilitate the implementation of non-institutional programmes

including sponsorship, foster care and after care as per the orders of
the Board or the Committee or the Children’s Court

• Facilitate transfer of children at all levels for their restoration to their

families;

• Inquire into, seek reports and take action in cases of death or suicide
in child care institutions and under other institutional care and
submit the reports to the State Child Protection Society

• Look into the complaints and suggestions of the children as

contained in the children’s suggestion box and take appropriate
action

• Send representative to the management committees within the

child care institutions;

• Maintain a database of child care institutions, fit persons and fit

facilities, registered after care organisations and institutions etc. at
the district level and forward the same to the Boards

• Maintain a database of medical and counselling centres, de-addiction

centres, hospitals, open schools, education facilities, apprenticeship
and vocational training programmes and centres, recreational

18
 facilities such as performing arts, fine arts and facilities for children
with special needs and other such facilities at the district level and
forward the same to the Boards

• Maintain a database of special educators, mental health experts,

translators, interpreters, counsellors, psychologists or psycho-
social workers or other experts who have experience of working with
children in difficult circumstances at the district level and forward
the same to the Boards

• Organise quarterly meeting with all stakeholders at district level to

review the progress and implementation of the Act

• Submit a monthly report to the State Child Protection Society;

• Notify the State Government about a vacancy in the Board six

months before such vacancy arises

• The District Child Protection Officer is the Nodal Officer in the

district for the implementation of the Act and the rules

1.5.5 Role of NGO

• In case a NGO has resources or capabilities of providing assistance in

providing probation, case work, counselling, psychological sessions
than it can enrol itself in the Govt panel

• Prepare the individual care plan and submit to Board if directed by

the Board to do so (Rule 13, 8 (2))

19
1.6 Child in need of care and protection

A child in need of Care and Protection (CNCP) is a child who is (Section 1

point 14)

• Homeless

• Found working or begging or living on the streets

• Residing with a person (whether a guardian of the child or not) and

such person—

o has injured, exploited, abused or neglected the child or

o has violated any other child protection law or

o has threatened to kill, injure, exploit or abuse the child or

o has killed, abused, neglected or exploited some other child

or children and there is a reasonable likelihood of the child in
question being killed, abused, exploited or neglected by that
person; or

• Mentally ill or mentally or physically challenged or suffering from

terminal or incurable disease, having no one to support or look after
or

• Having a parent or guardian and such parent or guardian is found to

be unfit to care and protect the child; or

• Not having parents and no one is willing to take care or whose

parents have abandoned or surrendered him; or

• Missing or run away child

• Being abused or is likely to be abused, tortured or exploited for the

purpose of sexual abuse or illegal acts; or

• Is found vulnerable and is likely to be inducted into drug abuse or

Trafficking; or

20
 • Being or is likely to be abused for unconscionable gains; or

• Victim of or affected by any armed conflict, civil unrest or natural

calamity; or

• At imminent risk of marriage before attaining the age of marriage

For taking care of children in need of care and protection, the State
Government is required to establish one or more child welfare committee
(CWC) in every district.

CHILD WELFARE
COMMITTEE

Four members, of
One whom one will be a
Chairperson woman and another
expert on child related
matters

1.6.1 Child welfare committee

• CWC is a five member committee with one chairperson, and four

members of whom at least one should be a woman

• District Child Protection Unit is required to provide a Secretary and

other staff to the Committee for secretarial support

• The appointment of the Committee is for a period of three years and

a person can be member of the Committee for two terms, but the
two terms cannot be consecutive

21
 • Membership can be terminated by State Government on grounds
of misuse of power, convicted of an offence, if a member does not
attend proceedings for three consecutive months without valid
reason or fails to attend 3/4th of the proceedings in a year

• District Magistrate is the grievance redressal authority for the

Committee

• Committee is required to submit quarterly report to DM giving

details of nature of disposal of cases and pendency of cases

• Visit to a child care institution is considered as a sitting of the

Committee

1.6.2 Procedure in relation to child welfare committee

• The Committee has the power to dispose of cases for care,

protection, treatment, development and rehabilitation of children in
need of care and protection

• The Committee is required to meet for at least 20 days a month

• In case the Committee is not sitting or it is late in the evening then a

child in need of care and protection can be produced before a single
member of the Committee

• At the time of decision making regarding a child, decision of the

majority prevails, and when there is no clear majority, then the
decision of the Chairperson prevails

• There should be at least three members at the time of final disposal

of case

• CWC conducts inquiry on all issues related to children in need of care

and protection and direct the Child Welfare Officers or Probation
Officers or District Child Protection Unit or NGO to submit social
investigation report within 15 days

22
 • CWC completes inquiry within a period of four months

• It is required to conduct at least two inspection visit to Child care

Institutions every month

• CWC declares children to be legally free for adoption after due

process of inquiry

• The committee takes suo moto cognizance and reach out to children

• Any CNCP can be produced before Child Welfare Committee by:

o Any police officer, special juvenile police unit, CWPO

o District Child Protection Unit

o Any public servant

o Child line

o Child welfare officer or probation officer

o Any social worker or public spirited citizen

o Nurse, doctor or management of a nursing home, hospital or

maternity home

o Child himself

1.6.3 Orders regarding child in need of care and protection

• After inquiry, the CWC can:

o Declare that a child is in need of care and protection

o Restore the child to family with or without supervision

o Place the child in a children home/fit facility/foster care or

Specialized Adoption Agency (SAA)

23
 o Place the child with fit person for long term or temporary care

o Declare the child free for adoption

o Provide for care and support for the child

o Order sponsorship for the child

1.7 Role of stakeholders in case of Child in Need of Care

and Protection

1.7.1 Role of Police

• If the child is in need of care and protection, the police has to produce
the child before CWC

• When dealing with children, the Police will have to be in plain clothes,
as far as possible

• Provide for food and other basic needs till the time the child is
produced before CWC

• Provide immediate medical assistance if required

• A police officer has to be totally aware of the CWC, its address

and days of sittings as well as of the names, addresses and phone
numbers of its members and Chairperson

• A police officer dealing with children in need of care and protection

should have with him/her the list of various NGO’s working with
children in the area, children’s homes/fit institutions/child helplines,
child care institutions, so that necessary emotional and legal support
can be provided to children in need of care and protection through
these organizations and a copy of this list has to be kept with the
SHO and duty officer of the concerned police station

24
 • A police officer dealing with children in need of care and protection
should have a list of government hospitals, with paediatric unit, so
that necessary medical aid can be provided to the child in custody

• Conduct proper inquiry as per the law if the child is a) missing b)

rescued from child labour c) victim of sexual abuse d) rescued from
trafficking e) victim of child marriage or rescued from child marriage

1.7.2 Role of juvenile justice board

No specific role

1.7.3 Role of child welfare committee

• The CWC has to ensure that no person unconnected with the case/
child is present in the room when session is in progress

• The CWC will ensure that only those people shall remain in the room,
before whom the child is comfortable

• At least one member of the CWC will always be available to take

decision on any matter of emergency and issue necessary directions
to SJPU

• If a child in need of care and protection cannot be produced before

the CWC for valid reasons, the members of the CWC will reach out
to the place where the child is kept

• While communicating with children, the CWC members will have

to use child friendly language and the meetings will be held in child
friendly premises

• CWC has to document and maintain detailed case record along with
case summary for all cases dealt by the committee

25
• Keep a suggestion box at a prominent place in the premises of the
committee and review it once a month

• Send quarterly report in Form 16 about children in need of care

and protection to DM with all relevant information

• Issue rehabilitation card in Form 14 to children in need of care and

protection and monitor their progress

• The committee after interacting with the child produced before

it will pass orders for placing the child with parent/guardian or
children’s home or fit person/fit facility

• CWC will have to pass orders for immediate medical examination

for the child produced before it

• Determine the age of the child to ascertain its jurisdiction

• When a child is produced before the committee, the committee will

assign the case to a social worker/case worker/child welfare officer
or to a recognized NGO for conducting the social investigation
report

• Pass orders to concerned person/organization to develop an

individual care plan and rehabilitation plan

• Refer the child as well as parents to counsellor before releasing or

restoring the child

• Maintain proper records of each child including medical report,

social investigation report, and any other report or orders passed
by the committee

• In all cases of pending inquiry, the committee has to notify next

date of appearance of the child which shall not be more than 15
days of the previous date

26
 • Direct person or institution with whom the child is placed to take
steps for rehabilitation of the child which will include educational,
vocational training

• In case a child is repatriated to another district/state or country,

then CWC will ask DCPU to take necessary permission from
requisite agencies

• At the time of final disposal of case, the committee will give the
order of disposal and individual care plan prepared by social worker/
case worker or child welfare officer

• During final disposition of case, the committee has to give a date

for follow up of the child not later than one month and then once
every month for next six months

• In case of abandoned or orphaned child, the CWC will make all

efforts to trace the parents or guardians and if it is established
that the child is orphan without any one to take care, then the child
will be declared as legally free for adoption

1.7.4 Role of DCPU11

• Identify orphan, abandoned and surrendered children in the district

and get them declared legally free for adoption by child welfare
committee with the help of specialised adoption agency or child
care institution, wherever required

• Ensure that the child study report and medical examination

report are uploaded in the child adoption resource information
and guidance system by the specialised adoption agency within
ten days from the date a child is declared legally free for adoption

11 http://oscps.nic.in/node/10 and http://cara.nic.in/Regulation/DCPU.html

27
• Facilitate the linkage of child care institution with specialised
adoption agency in the same or other districts to facilitate adoption

• Track the progress of adoption of each child declared legally free

for adoption and take necessary actions for expediting the case,
wherever required

• Track the progress of application of each prospective adoptive

parent registered in child adoption resource information and
guidance system for adopting a child or children from the district
and take necessary actions for expediting the case wherever
required

• Maintain a panel of professionally qualified or trained social workers

and set up counselling centre with support of state adoption
resource agency or the authority to assist specialised adoption
agency or child care institution, wherever required

• Maintain report of quarterly information sent by the Board about

children in conflict with law produced before the Board and the
quarterly report sent by the Committee

• Arrange for individual or group counselling and community service

for children

• Maintain record of run- away children from child care institutions

• Identify families at risk and children in need of care and protection

• Assess the number of children in difficult circumstances and

create district-specific databases to monitor trends and patterns
of children in difficult circumstances

• Perform periodic and regular mapping of all child related services

at district for creating a resource directory and making the
information available to the committees

28
 • Facilitate the implementation of non-institutional programmes
including sponsorship, foster care and after care as per the orders
of the Committee

• Facilitate transfer of children at all levels for their restoration to

their families

• Ensure inter-departmental coordination and liaise with the relevant

departments of the state government and state child protection
society of the state and other district child protection units in the
state

• Inquire into, seek reports and take action in cases of death or

suicide in child care institutions and under other institutional care
and submit the reports to the state child protection society

• Look into the complaints and suggestions of the children as

contained in the children’s suggestion box and take appropriate
action

• Maintain a district level database of missing children in institutional

care and uploading the same on designated portal and of children
availing the facility of open shelter and of children placed in foster
care

1.7.5 Role of NGO

• Conduct the Social Investigation Report if directed by CWC to do

so

• In case a NGO has resources or capabilities of providing assistance

in providing probation, case work, counselling, psychological
sessions than it can enrol itself in the Govt panel

• Prepare the individual care plan and submit to CWC if directed by

the CWC to do so

29
1.8 Offences against children

The Juvenile Justice (Care and Protection of Children) Act, 2015 clearly lays
down the offences against children and punishment for the same (section
74-85)

Offence Punishment
Prohibition on disclosure of Imprisonment up to six months and fine up to Rs.
identity (Section 74) two Lakhs or both
Cruelty to a child (Section 75) Imprisonment upto five years and fine upto
Rs. five Lakhs , if the child is physically
incapacitated or becomes mentally ill then
rigorous imprisonment of 3 years -10 years and
fine upto five lakh
Employment of child for begging Imprisonment up to 10 years and fine upto
(Section 76) Rs. five lakhs, if amputates the child then
imprisonment of 7 years-10 years and fine upto
five lakhs
Giving drugs or intoxicating Imprisonment upto seven years and fine up to
substances (section 77) Rs. seven lakhs
Using a child for drug peddling Imprisonment upto seven years and fine upto Rs.
(Section 78) seven lakhs
Exploitation of child employee Imprisonment upto five years and fine upto Rs.
(Section 79) one lakhs
Illegally adopting a child or giving Imprisonment upto three years and fine upto Rs.
the child to adoption illegally one lakhs or both
(Section 80)
Sale or procurement of a child Imprisonment upto five years and fine upto Rs.
for any purpose (Section 81) one lakhs

And if done by a person having actual charge of

the child than imprisonment not less than three
years which can go upto seven years
Corporal Punishment -Any First time offence fine of Rs. 10000 and repeat
person employed or in charge offence shall be liable to imprisonment of upto
of a Child Care Institute gives three months
corporal punishment to a child
with aim of disciplining him
(Section 82)
Use of Child by militant groups Imprisonment upto seven years and fine upto Rs.
or adults (Section 83) five lakhs
Offence on disabled children Double of actual punishment
(Section 85)

30
1.9 Adoption12

Central Adoption Resource Authority (CARA) is the nodal body for adoption
of Indian children and is mandated to monitor and regulate in-country and
inter-country adoptions.

CARA primarily deals with adoption of orphan, abandoned and surrendered

children through its associated /recognized adoption agencies. Each State
will have State Adoption Resource Authority (SARA) to deal with adoption in
that particular state as per section 67 of the Act.

The main function of CARA is to promote inter-state and inter country

adoption, regulate inter country adoption and frame regulations on adoption
as and when needed. CARA will have its counterpart in each state called
State Adoption Resource Authority and it will take care of the adoption
process in state.

1.9.1 Role of Central Adoption Resource Authority13

• Monitor and regulate the procedure for in-country adoption;

• Receive applications from Non-resident Indians or foreigner

regarding adoption and review the applications

• Issue “No Objection Certificate” in all cases of inter-country

adoptions

• Coordinate with State Adoption Resource Agencies regarding

adoption related matters

• Maintain a comprehensive centralised database relating to children

and prospective adoptive parents for the purpose of adoption in
Child Adoption Resource Information and Guidance System

12 Juvenile Justice (Care and Protection of Children) Act, 215, section 56

13 http://cara.nic.in/Regulation/CARA.html

31
1.9.2 Structure State Adoption Resource Agency14

• Principal Secretary or Secretary of the department of the State

Government will be the head of The State Adoption Resource
Agency and have following members:

• Director of the department of the State Government dealing with

adoption who will perform as the Member Secretary;

• Director of the Department of Health or Hospital  Administration of

the State Government;

• Chairperson of a CWC;

• Representative of a SAA

• one member from the civil society involved in child welfare and
protection for at least ten years;

• One member from the State Legal Services Authority.

• The Governing Body will meet at least once in every quarter to review
the progress of adoption work

1.9.3 Function of State Adoption Resource Agency15

• SARA is involved in promotion, facilitation, monitoring and regulation

of the adoption programme in the State

• Recommend for recognition to one or more of the child care

institutions as specialised adoption agencies in each district

• Publish the contact details of Specialised Adoption Agency in

the State and recommend renewal of recognition to Specialised
Adoption Agency every five years

14 http://cara.nic.in/Regulation/SARA.html
15 http://cara.nic.in/Regulation/SARA.html

32
 • Inspect and monitor adoption programme and activities of all
Specialised Adoption Agencies within its jurisdiction

• Identify child care institutions which are not recognised as

specialised adoption agencies and link them to SARA

• Maintain a State-specific database in Child Adoption Resource

Information and Guidance System of adoptable children, prospective
adoptive parents, children given in in-country and inter-country
adoptions

• Ensure that all adoption placements in the State are done in

accordance with the relevant provisions of the Act, rules made there
under and these regulations

1.9.4 Specialized Adoption Agency (SAA), Section 65

• The State Government will identify institutions or organizations

in each district as SAA for rehabilitation of orphan, abandoned or
surrendered children. Children declared as legally free for adoption
will be placed in SAA

• Children in the age group of 0-6 years who are legally free for
adoption will be kept in SAA for adoption as primary focus

• Children in the age group of 6-8 years who are legally free for
adoption but are not adopted within two years can be placed in
family foster care or group foster care

• Children in the age group of 8-18 years who are legally free for
adoption, but not adopted within one year can be placed in foster
care

33
1.9.5 Eligibility of prospective adoptive parents (Section 57)

• The prospective adoptive parents has to be physically and mentally

fit and financially capable of taking care of a child

• In case of couples, consent of both the partners is mandatory

• A single male cannot adopt a girl child

1.10.1 Rehabilitation of children in conflict with law

• Observation Homes: Children who have allegedly committed an

offence are placed in an observation home during the pendency of
inquiry

• Special Homes: Children who are found to have committed an

offence by the Board are placed in Special Home for the time period
as ordered by juvenile justice board

• Place of safety: A person who is above 18 years of age or children in

the age group of 16-18 years are alleged to be in conflict with law
or have been found to have committed an heinous offence is placed
in place of safety for rehabilitation till the time period as directed by
juvenile justice board

1.10.2 Rehabilitation of children in need of care and protection

• Open Shelter: Open shelters functions as community based

residential support for children on short term basis. If a child stays in
an open shelter for more than 24 hours, then he has to be produced
before CWC for more alternative place of stay

• Foster Care: Children in need of care and protection may be placed

in foster care or group foster care where the child stays in a family
environment

34
• Children’s Home: A child who is in need of care and protection can be
placed in a children’s home

• Specialized Adoption Agency: A child who is declared as legally

free for adoption is placed in a SAA and the details of the child are
available online in CARA portal for adoption by prospective parents

35
 CHILD SEXUAL ABUSE

2.1 Child Abuse

According to WHO, Child Abuse means “all forms of physical and/or emotional

ill-treatment, sexual abuse, neglect or negligent treatment or commercial
or other exploitation, resulting in actual or potential harm to the child’s
health, survival, development or dignity in the context of a relationship of
responsibility, trust or power.”16 Child Abuse is violation of basic human rights
of the child and child abuse can be further categorised into a) Physical Abuse
b) Sexual Abuse c) Emotional Abuse d) Neglect.

2.2 Child Sexual Abuse

Child sexual abuse is one of the major problems being faced in our country.
According to a study conducted by Ministry of Women and Child Development
in 2007, 53% of the children surveyed said that they had been subjected to
some form of sexual abuse. The data speaks of the enormity of the problem
and in the case of child sexual abuse; the problem is more alarming as many
times cases of child sexual abuse go unreported due to the taboo attached
with it.

Various independent reports suggest that, not only girls but boys also are
sexually abused and in most of the instances, the abuser is known to the child.
After the publication of the Study on Child Abuse: India 2007 by Ministry of
Women and Child Development, the need was felt to bring in a law to address
Child Sexual Abuse and so the Protection of Children from Sexual Offences
Act came into effect in 2012.

16 «Child abuse and neglect by parents and other caregivers» (PDF). World Health

Organization. p. 3. Archived (PDF) from the original on 4 March 2016. 

36
2.3 POCSO Act, 2012

POCSO Act is the acronym for the Protection of Children from Sexual
Offences Act, 2012. The Act aims to protect children from adult abusers.
This Act has been amended with effect from 16th August 2019. Some of the
key points of this Act are:

• It covers all children below the age of 18 years

• It is a gender neutral Act

• Provides child friendly processes for reporting, recording and trial

keeping best interest of child as top priority

• Burden of proof is on the accused in cases of penetrative sexual

assault, aggravated penetrative sexual assault, sexual assault and
aggravated sexual assault

• Makes reporting of child sexual abuse cases mandatory

37
2.3.1 Categories of Sexual offence under POCSO Act, 2012

Offences covered under the Act:

THE PROTECTION OF CHILFREN FROM SEXUAL OFFENCES ACT,

2012

Section Provision Punishment

Shall be punished with an impris-

Punishment for penetrative onment of minimum ten years
sexual assault- if any per- which may extend upto impris-
son inserts or penetrates onment for life, and shall also be
any private body part or liable to fine.If penetrative sexual
4 any object in child’s body assault is done on child below 16
or makes the child to do years than the punishment will be
so with him/her, then it is minimum 20 years and can extend
called as penetrative sexual to life imprisonment and shall also
assault. be liable to fine. (Section 6, sub
section 1)

Punishment for aggravated

penetrative sexual assault- minimum 20 years and can be also

any police officer, teacher, life imprisonment or death penalty

hospital staff or any other and shall also be liable to fine. The

person, under whose care fine imposed will be reasonable

and protection the child is and paid to the victim to meet the

6 or on whom the child trusts, medical expenses and rehabilita-

if that person commits pen- tion of the victim. (Section 6, sub

etrative sexual assault with section 2)

the child or two or more The fine paid will be used to meet
people commit the act, then medical and rehabilitation ex-
it is called as aggravated penses of victim.
penetrative sexual assault.

38
 Punishment for sexual
assault-

Shall be punished with an impris-

If any person touches with
onment of minimum three years
8 sexual intent any private
which may extend upto five and
part of child’s body or make
shall also be liable to fine
the child touch his/her pri-
vate body part, then it is
called as sexual assault.

Punishment for aggravated

sexual assault- any police
officer, teacher, hospital
staff or any other person,
under whose care and pro- Shall be punished with an impris-
tection the child is or on onment of minimum five years
10 whom the child trusts, if which may extend upto seven
that person commits sexual years, and shall also be liable to
assault or two or more peo- fine
ple commits sexual assault
using a weapon, then it is
called as aggravated sexual
assault.

Punishment for sexual ha-

rassment- if any person
with malice commits any act
which can be considered
Shall be punished with an impris-
sexual in front of a child or
12 onment of upto three years, and
makes the child exhibit his/
shall also be liable to fine
her body, shows any form
of media or pornographic
content, then it is called as
sexual harassment.

39
 Punishment for using child
for pornographic purposes-
if any person uses a child for Using a child for pornographic

pornographic (obscene me- purposes is punishable with im-

dia, movies or picture) pur- prisonment for a period not less

poses (which includes T.V. than 5 years and is also liable to

channels or advertisements fine, and in case of repeated of-

14 fence, punishment will be not less
or internet or any other
electronic form or printed than 7 years of imprisonment and

form, whether or not such is also liable to fine. (Section 14,

programme or advertise- 1).

ment is used for personal

purpose or distribution or
not), it is a serious offence

Any person who stores any por-

nographic material involving a
child and fails to report or destroy
it is punishable with a fine of not
less than five thousand rupees.,
Punishment for storage of and repeat offence will be punish-
pornographic material in- able with fine of not less than ten
volving child- any person, thousand rupees. If the material is
who stores, for commercial stored for further transmitting or
15
purposes any pornographic propagating, then along with fine,
material in any form which it is punishable with upto three
includes a child, is punish- years of imprisonment. For stor-
able. ing child pornographic material
for commercial purpose is pun-
ishable with three to five years of
imprisonment, and in subsequent
conviction, upto seven years of
imprisonment. (Section 15)

40
 Punishment for abetment-
to abet or instigate for
aforementioned offences is Shall be punished with imprison-
17 also an offence. If any of- ment of any description provided
fence is committed in con- for the offence
sequence of abetment, then
it is punishable.

Punishment for attempt to

commit an offence- who- Shall be punished with impris-
ever attempts to commit onment of any description pro-
any offence punishable vided for the offence, for a term
18 under this act or helps in which may extend to one-half
committing the act and of the punishment had the act
does an act in the commis- been actually committed or with
sion of such act, then it is fine or both
punishable.

Not reporting any offence Shall be punished with an im-

21 committed under the pro- prisonment of upto six months
visions of this act. and/or with fine

41
 Any person, who reports
a wrong complaint of of-
fences committed under
Section 3 (penetrative
sexual assault), Section
5(aggravated penetrative
sexual assault), Section
7(sexual assault), Section
9 (aggravated sexual
assault) with an intention
of insulting, intimidating
or for defamation lies
about it or gives wrong
Shall be punished with an im-
information.
prisonment of upto six months
1. If the person filing or with fine or both
22
false complaint is a
Such person shall be punished
child, then no pun-
with an imprisonment of upto
ishment shall be im-
one year or with fine or both
posed on such child.
2. If the false complaint
has been filed by a
person, not being a
child, against a child,
knowingly gives the
false information or
information which he/
she has ground to be-
lieve is false, thereby
victimizing such child
in any offence under
this act, is punishable.

42
 Any person, who makes
any report or present
comments on any child in
any form of media without
any authentic information,
which can lower the repu-
tation or infringe the pri-
vacy of child. Shall be punished with an im-
prisonment of six months which
23
Or may extend to a term of one year
or with fine or both.
Through any report of
media publishes child’s
identity, like name, ad-
dress, photograph, family
details, school, neighbour-
hood or any other particu-
lars.

43
2.3.2 Reporting of POCSO Cases17

Non reporting of Child Sexual Abuse case is a punishable offence under

Section 21 and is punishable by imprisonment of upto six months and liable
for fine or both. Anybody who has information of such an offence should
inform :

• Special Juvenile Police Unit or any local police

• Police should give an entry number of each complaint and record it

in writing

• Police is to read out the written information to the complainant

• In case a complaint is made by child then the reporting should be

done in simple language

• In case the entry is made in a different language than what the child
understands, then help of a translator or interpreter is to be taken

• If the SJPU feels that the child against whom such an offence is
committed is in need of care and protection, then SJPU will produce
the child before of CWC within 24 hours in situations where the
perpetrator is a family member or shares the same accommodation
with the victim or if keeping the child with the family can cause
further harm to the child

• Police will give information of all cases to the CWC

The POCSO Act also has provision for punishing against false complaint or
false information which can extend upto 6 months of imprisonment or fine
or both. However, no action will be taken if false complain is made by another
child. (Section 22)

17 Section 19, POCSO Act, 2012

44
2.3.3 Recording of statement and procedure of trial

• The statement of the child is to be recorded at the residence of the

child or at a place where he is comfortable and as far as possible by
a woman police officer not below the rank of Sub Inspector

• While recording statement the police officer should not be in uniform

• If needed, then help of translator or interpreter will have to be taken

• The child should not be kept in the police station at night for any
reason

• The police must ensure that the identity of the child is not disclosed
to public or media

• The police should provide immediate medical assistance and take

the child for medical examination irrespective of the fact whether
FIR has been registered or not

• In case of girl child, medical examination has to be conducted by a

woman doctor

• Evidence of the child must be recorded within a period of 30 days as

far as possible and the special court is to complete the trial as far as
possible within one year18

• Children’s Court/Special court is to take care of the fact that the child
is not exposed in any way to the accused at the time of recording of
evidence19

• The Children’s Court/Special court has to try cases in-camera and

in the presence of the parents of the child or such person whom the
child trusts

18 Section 35, POCSO Act, 2012

19 Section 36, POCSO Act, 2012

45
POCSO RULES 2020

POCSO Act is the acronym for the Protection of Children from Sexual
Offences Act, 2012. The Act aims to protect children from adult abusers.
This Act has been amended with effect from 16th August 2019. The Rules
under the Act have also been amended and were notified on 9th March2020.

Some of the key points of POCSO are:

• Covers all children below the age of 18 years

• Is a gender neutral Act

• Provides child friendly processes for reporting, recording,

investigation and trial keeping best interest of child as top priority

• Burden of proof is on the accused in cases of penetrative sexual

assault, aggravated penetrative sexual assault, sexual assault and
aggravated sexual assault

• Makes reporting of child sexual abuse cases mandatory

2.4 Role of different stakeholders in cases of Child Sexual Abuse

2.4.1 Role of Police

• Police officer recording information has to immediately give to the
informant the details of himself and his supervising officer’s name,
designation, address and telephone number. (Rule 4)

• As soon as local police or SJPU receives information of any offence

committed or likely to be committed under this Act, then it has to
immediately register an FIR and share the copy of the same free of
cost with the person making such report, as per sub-section (2) of
section154 of that CrPC

• Police should ascribe an entry number to the recorded information

46
• The contents of the statement are to be read-over and explained to
the child by the police officer

• Police must use simple language so that the child understands what
is being recorded.

• In cases where the child requires emergency medical care as per

Sub Section (5) of section 19 of the Act, the child has to be taken to
nearest medial facility at the earliest

• The child is also to be taken to hospital for medical examination (Sec

27)

• Police need to complete the Preliminary Assessment Report in Form

B of POCSO Rules within 24 hours of the registration of the First
Information Report and submit it to the CWC.

• The statement of the child is to be recorded at the residence of

the child or at a place where the child is comfortable and as far
as possible by a woman police officer not below the rank of Sub
Inspector.

• While recording the statement the police officer should not be in

uniform

• The child should not be kept in the police station at night for any
reason

• The police must ensure that the identity of the child is not disclosed
to public or media

• If required, the police officer may take the assistance of a translator

or an interpreter, while recording the statement of the child

• Police must ensure that samples collected for forensic tests are
sent immediately to forensic laboratory

47
• Police should report all cases to the CWC and to the Special Court
within 24 hours to enable financial assistance /interim compensation
to the child

• Wherever a support person is appointed to assist the child in legal

process by the CWC, police is to inform the same to the special
court in writing within 24 hours

• Police has to inform the child and his parents or guardian or the
person on whom the child has trust about the developments in the
case

• Police has to inform the child and child’s parent or guardian or

other person in whom the child has trust about the various support
services available for child including counselling, and also provide
assistance in contacting relevant people accountable for providing
these services and relief;

• Police has to inform the child and child’s parent or guardian or other
person in whom the child has trust about the right of the child to
have legal advice and counsel and also the right to be represented
by a lawyer (Sec 40)

• the child and his/her family is also to be informed about victim

compensation schemes

• It is the responsibility of the police to inform the child/his parents or

guardian / or any person on whom the child has trust/support person
about the developments in the case like arrests made, release in bail
of accuse, applications filed and other court proceedings.

• The police need to inform the child and child’s parents / guardian /
other person in whom the child has trust about their entitlements
and services available to them under the Act or any other law as per
Form-A.

48
2.4.2 Role of Juvenile Justice Board

• If the perpetrator is a child, then the child is to be produced before

JJB and the JJB will initiate inquiry process as per the Juvenile
Justice (Care and Protection of Children) Act, 2015 (Section 34)

2.4.3 Role of Child Welfare Committee (Rule 4)

• In case the SJPU receives information about the offence and it has
apprehension that the offence has been committed by a person:

o living in the same or shared household with the child

o the child is living in a child care institution

o the child is without any home or parental care

the SJPU has to produce the child before CWC within 24 hours. CWC has to
decide within three days whether the child needs to be taken out of custody of
parents/guardians and sent to a child care institution or if the child is already
in an institution, the CWC may decide to shift the child to another institution
keeping in mind the best interest of the child

• In taking decision about the child, the CWC is to take into account
any preference or opinion shared by the child:

• Make a recommendation to District Legal Services authority for

providing legal aid and assistance to the child

• Recommend for special relief, if any, to be provided to the child to

cater to needs such as food, clothes, transport and other essential
needs, which is to be paid from any of the following:-

o DLSA under Section 357A; or;

o DCPU out of such funds placed at their disposal by state or;
o funds maintained under section105 of the Juvenile Justice
(Care and Protection of Children) Act,2015

49
This immediate payment is to be given to the child within a week of receipt
of recommendation from the CWC

• All decisions of CWC must keep the best interest of the child
as the primary consideration. While taking decision, CWC has to
consider the following points:

o the capacity of the parents/either parent/ any other person

in whom the child has trust and confidence, to provide for
the immediate care and protection needs of the child which
includes medical and counselling needs

o the need for the child to remain in the care of parent’s, family
and extended family and to maintain a connection with them;

o The age, maturity, gender, social and economic background of

the child

o disability / any chronic illness or any history of family violence

involving the child or a family member of the child; and has to
ensure that during enquiry and decision making, the child is not
unnecessarily exposed to injury or inconvenience.

• CWC after receiving report and with consent of the child and his
or her parent or guardian or any person whom the child trusts
may order a “support person” to assist the child through the legal
process and immediately inform the SJPU about the appointment
of such support person

• The services of the support person may be terminated by the CWC

upon the child’s or his parents/guardian’s request and the special
court has to be informed about the same in writing

• The CWC has to seek monthly reports from support person till the
completion of trial regarding condition and care of child, medical,
social and educational care that is being provided to the child.

50
 • CWC is to coordinate with the DLSA to ensure that any amount of
fine imposed by the Special Court, which is to be paid to the child,
is in fact paid to the child.

• For receiving payments, the CWC needs to facilitate any procedure

for opening a bank account, arranging for identity proofs, etc., with
the assistance of DCPU and support person.

2.4.4 Role of DCPU

• DCPU has to maintain a register with names, addresses and other

contact details of interpreters, translators and special educators
and this list has to be shared with SJPU, CWC and JJB

• DCPUs in each district are to maintain a list of persons/ NGOs who

may be appointed as counsellors and support persons to assist
the child

• In all cases of penetrative sexual assault and all aggravated cases,

arrangements should be made as far as possible to ensure that
the child is provided counselling support. Where a counsellor
is not available within the existing ICPS framework, the State
Government may secure the engagement of external counsellors
on contract basis

• The DCPU in each district shall maintain a list of persons who

may be appointed as counsellors to assist the child. The rates for
payment for counsellors shall be as fixed by the DCPU.

• Facilitating CWC by providing a support person employed by DCPU

including legal-cum-probation officer, social worker or outreach
worker support persons

• The DCPU and the CWC should maintain a list of persons/ NGOs
who may be appointed as support person to assist the child

51
 • Assist CWC in facilitating any procedure for opening a bank
account, arranging for identity proofs, etc. of the child for receiving
financial benefits/compensation/relief

2.4.5 Role of NGOs/Childline

If any such information regarding the commission of an offence under

the provisions of the Act is received by the child helpline-1098, the child
helpline is to immediately report such information to SJPU or Local Police.

52
 CHILD MARRIAGE

3.1 Child Marriage

Child marriage means a marriage in which either the bride or the groom is a
child. According to the Prohibition of Child marriage Act, 2006, any marriage
where the age of the bride is less than 18 years and/or the age of the groom
is less than 21, is considered to be a Child Marriage.

The very first Law that was enacted in India to prevent Child Marriage was
called the Child Marriage Restraint Act of 1929, which is popularly known as
the Sharda Act. Under this Act, marriage of girls below 15 and boys below 18
years of age was prohibited. In the year 1978, the Act was amended and the
legal Age of marriage for girls was increased to 18 years and for boys it was
increased to 21 years.

The definition of child marriage was last updated by India with its  The
Prohibition of Child Marriage Act of 2006, which applies only (a)
to  Hindus,  Christians,  Jains,  Buddhists  and those who are non-Muslims of
India, and (b) outside the state of Jammu and Kashmir.

3.2 Data on child marriage

• 42% of married women in India were married as children (District

Information System for Education (DISE)

• According to UNICEF report, one in every three child brides in the

world is a girl from India

• India has more than 45 lakh girls under 15 years of age who are
married with children. Out of these, 70% of the girls have two
children (Census 2011)

• In Asia , second largest number of child brides are found in India after
Bangladesh20

20 https://www.girlsnotbrides.org/where-does-it-happen/atlas/#/

53
 • According to 2011 census maximum number of child marriages are
reported from Jharkhand, Bihar, West Bengal and Madhya Pradesh

3.3 Causes of child marriage

Considering girl child to be a burden: Many Indian household consider a girl

child to be financial burden and feel that getting them married off early will
reduce their financial burden also lessen the dowry amount

Feeling of insecurity: many households feel that they are unable to protect
the girl child, so it is better to marry her off at an early age. This is seen as a
protective measure by many parents.

More the age of the girl more the dowry: In many parts of the country, young
girls are asked less dowry and older the girl, more the dowry amount.

3.4 Consequences of child marriage

Increases maternal and child mortality rate: The girl child is not fully developed
before the age of 18. Getting married and becoming pregnant before being
fully mature hampers the health of both the mother and child and increases
incidences of maternal and infant mortality.

Violation of child Rights: Child marriage is violation of child rights as the child
is denied basic rights of education and development of full potential

Ill health: Getting her married early adversely affects her health and wellbeing
and increases chances of sexually transmitted diseases because of unsafe
sex, cervical cancer and death during childbirth

Increased instances of domestic violence: The incidences of domestic/

intimate partner violence increases in case of child marriage

54
3.5 Who can complain if child marriage is happening?

• Anyone can complain against a child marriage already solemnized or

arranged to be solemnized in the future

• On information or complaint of Child Marriage being solemnized, or

about to be solemnized, Court of Judicial Magistrate or Metropolitan
Magistrate can issue injunction to prevent child marriage

• Court of Judicial Magistrate or Metropolitan Magistrate can take

suo moto action to prevent child marriage

• On special days like Akshay Tritiya when mass child marriages are
solemnized, DM assumes the power of a Child Marriage Prohibition
Officer (CMPO) to stop or prevent child marriage

3.6 How can a child marriage be made voidable

• A petition for annulling the child marriage by a decree of nullity has to

be filed in the District court by a party to the marriage who is or was
a child at the time of marriage21

• If the petitioner is a minor, petition can be filed by his guardian along

with child marriage prohibition officer

• The petition can be filed within two years of attaining majority

3.7 Situations when the child marriage becomes

automatically void

• If child is taken away from the lawful guardian and married

• If a child is married by force or deceitful means

• If the child is sold for the purpose of marriage

21 Section 3, Prohibition of Child Marriage Act, 2006

55
 • If the child is married and then sold or trafficked or used for immoral
purposes

• Marriage solemnized in contravention to an injunction order by the

Court

3.8 Provision for maintenance and custody

• Court may order the groom’s side to pay maintenance to the girl child
till the time of her remarriage

• Quantum of maintenance will be decided by the Court which can

order the maintenance to be either paid monthly or lump sum

• Children born out of child marriage, whether before or after the

enactment of this Act will be considered legitimate and eligible for
all care and support programs of the Government

• Court shall provide order regarding custody of the children born out
of child marriage, keeping in mind the best interest of the child

3.9 Who can be punished and quantum of punishment

Adult male who marries a child below Imprisonment upto two years and
18 years of age fine upto Rs. one Lakh or both8

Anyone who performs, conducts, di- Imprisonment upto two years and
rects or abets a child marriage fine upto Rs. one Lakh or both9

Anyone who promotes, permits or Imprisonment upto two years and

solemnizes a child marriage fine upto Rs. one Lakh or both10

No woman will be given imprison-

she can only be fined
ment

56
3.10 Role of CMPO in preventing child marriage:

The Child Marriage Prohibition Officer has been empowered under this Act to

• Prevent solemnization of child marriage

• Collect information and evidence for effective prosecution of

persons involved in solemnization of child marriage

• Generate awareness regarding ill effects of child marriage

• Sensitize the community against child marriage

• Provide necessary aid to victims of child marriage

• Provide legal aid and produce children in need of care and protection
before the CWC or a First Class Judicial Magistrate, where there is
no child welfare committee

3.11 Role of various stakeholders in cases related to child

marriage:

On receiving a complaint, the police should follow the procedures laid down in
the Code of Criminal Procedure, 1973:

• Register an FIR and initiate investigation

• Report the matter to the CMPO for him/her to gather evidence about
the incident of a child marriage

• Report the matter to the District Magistrate for her/him to issue an

injunction

• Accompany the CMPO or the appointed person for investigation

• Arrest the offender as offences under the law are cognizable and
non-bailable

• Do not arrest or handcuff the child

57
• In case of non-availability of CMPO or the appointed persons, visit
the scene of crime (i.e. where a child marriage is being conducted/or
has been conducted) and take necessary action, including rescue of
the minor(s) if necessary.

• Avoid being in uniform when dealing with children to make them

more comfortable and less intimidated.

• Ensure presence of a lady police officer in dealing with a girl child

along with a female social worker/teacher/anganwadi worker/ANM/
child’s next friend (a person trusted by the child). Only in case there
is no lady officer available immediately, should a male police person
interact with the girl child, but in the presence of a female social
worker/teacher/anganwadi worker/ANM/child’s next friend

• Produce the child/minor before the nearest Child Welfare Committee

within 24 hours or before a Judicial Magistrate of First Class where
such Committee is not available. Victims of child marriage are also
children in need of care and protection under the Juvenile Justice
Act and the rules made for its implementation

• Removing children from the custody of parents/legal guardians must

be the last resort and taken only in the best interest of the child.
No such child should be placed in police lock-up or police custody.
Such children should be placed in a fit institution recognised and
registered under the Juvenile Justice (Care and Protection of
Children) Act, 2015

58
 MISSING CHILDREN22

4.1 Missing child

The Juvenile Justice (Care and Protection of Children) Act, 2015 under section
14 (vii) includes a ‘Missing Child’ as a ‘child in need of care and protection’

To elaborate this, a missing child is one who:

• Is lost (separated from family),

• Has left home on his/her own without a notice

• Has been abducted or kidnapped or trafficked or abandoned and will

also include

• Traced Children

• Found Children

• Is missing/lost/found due to accidents, disaster, calamity, and other

miscellaneous reasons and missing children are also those whose
parents, guardians or legal caregivers do not have any information about
their whereabouts.

So, to sum up “a child whose whereabouts are not known to the parents, legal
guardian or any other person or institution legally entrusted with the custody
of the child, whatever may be the circumstances or causes of disappearance,
and shall be considered missing and in need of care and protection until
located or his safety and wellbeing established.”

22 SOP for cases of missing children by Ministry of Women and Child development

59
4.2 Data on missing children in India

• 174 children go missing every day, half of them remain untraced23

• The National Crime Records Bureau (NCRB) states that 1,11,569

were reported to have gone missing till 2016, and 55,625 of them
remained untraced

4.3 Where / How and who can report a missing child?

The report of a missing child can be made by a parent, a legal guardian, a

relative, CWC, child Line 1098, NGOs, police, public servant or any person
concerned with the safety and well-being of the child or any person who has
knowledge about the incident. The report can be lodged at

• The police station/Anti Human Trafficking Unit (AHTU)/SJPU

• Child friendly police station

• The Police Control Room (PCR) number: Dial 100

• Any other emergency helpline number of the police

• Child Line1098

After reporting to the police, the information of the missing child can be
entered by logging onto www.trackthemissingchild.gov.in and photograph can
be uploaded in the citizen’s corner “khoya paya” to assist all the stakeholders
to track the missing child.

In addition to all the regular means of filing a complaint a missing child’s

complaint may be filed through SMS to the authorities. The police should
record all such information on the General Diary (GD) and conduct a
preliminary verification of the caller and get the FIR registered.

23 https://www.deccanchronicle.com/nation/current-affairs/250518/indias-children-174-
go-missing-every-day-half-untraced.html

60
4.4 Roles of stakeholders in case of missing child:

4.1.1 Role of Police24

• As per the directive of Hon’ble Supreme Court of India in Bachao

Andolan vs. Union of India (WP (Civil) 75 of 2012) on 10th May
2013, the police shall “upon receipt of a complaint regarding a
missing child, an FIR should be registered forthwith as a case of
trafficking or abduction’

• Inform the Child Welfare Police Officer and forward the FIR to the
special juvenile police unit for immediate action for tracing the child

• Collect a recent photograph of the missing child and make copies

for District Missing Persons Unit, Missing Persons Squad, National
Crime Records Bureau/Media and give wide publicity by publishing
or telecasting the photographs and the description of missing child
in electronic, print and social media

• Fill the specific designated “missing persons information form”

and immediately send to Missing Persons Squad, District Missing
Persons Unit, National Crimes Records Bureau, State Crimes
Records Bureau, Central Bureau of Investigation, PCRs, Railway
Police and other related institutions

• Prepare and distribute hue and cry notice containing photograph

and physical description of the missing child

• Search areas and spots of interest such as movie theatres, shopping

malls, parks, game parlours

• Scan the recordings of the close circuit television cameras (CCTV)

installed in the vicinity of the area from where the child was
reported missing and on all possible routes, transit and destinations.

24 SOP for cases of missing children by Ministry of Woman and Child Development

61
 • Inquire from under construction sites, unused buildings, hospitals
and clinics, 1098 and other local outreach workers, railway police
and other places;

• Send details of missing child to the District Crime Records Bureau

of the neighbouring States and Station House Officers (SHOs) of
the bordering police stations including in charge of all police posts in
their jurisdiction and conduct regular interaction with the concerned
so that follow up action is ensured

• Upload information on the www.trackthemissingchild.gov.in portal. In

case the information is already uploaded, match the complaint with
case details uploaded on the portal

• Send the copy of the FIR by post/email to the office of nearest Legal
Services Authority/DLSA along with addresses and contact phone
numbers of parents and legal guardians of the missing child or the
child care institution, after uploading the relevant information onto
the designated portal

• Inform immigration authorities, Border Security Force (BSF), railways

and other transport authorities, provincial/ territorial and municipal
agencies, and NGOs involved in service delivery for spotting and
recovering/rescuing the missing children\

• Taking into consideration various parameters with respect to

the missing child, risk assessment should be done and the “Risk
Assessment Form” be filled out by the SHO/ Officer in charge

4.4.2 Role of Juvenile Justice Board25

• If any found/traced/missing child is produced before the juvenile

justice board as a child in conflict with law, such a child should
immediately be redirected to the relevant CWC after due enquiry, for
initiating the process of rehabilitation

25 SOP for cases of missing children by Ministry of Woman and Child Development

62
 • If FIR is not registered in a case of missing/trafficked child
immediately, then direct the police for registration of FIR for offences
committed against children in need of care and protection.

• Provide free legal aid for the child through the district legal services
authority

• Create an individual care plan as per the Juvenile Justice (Care

and Protection of Children) Act, 2015 and the Rules for the child
including follow up by the probation officer of the District Child
Protection Unit or a member of a non-governmental organisation, as
it may be required as per Section 8 (3) (h) or Section 19 (2) of the
Juvenile Justice (Care and Protection of Children)Act, 2015

4.4.3 Role of Child Welfare Committee26

• When a missing child is found or recovered and/or a child in conflict

with law is found to be a missing child, the child has to be produced
before the Committee for appropriate direction

• In case FIR is not registered in a case of missing/trafficked child,

CWC will direct the police for registration of FIR for offences
committed against children in need of care and protection

• Any three members of the Committee together can take suo moto
cognizance of any case of missing child, report to the police, or
the AHTU immediately, and initiate process of providing care and
protection to the child

• Assess the needs of the child and pass orders with respect to
repatriating the child or placing the child in a fit facility or with a fit
person, or declare free for adoption or foster care, while ensuring the
best interest of the child

• Engage services of the DCPU/District Legal Services Authority in

the source district of the found/traced child, to facilitate smooth and
26 SOP for cases of missing children by Ministry of Woman and Child Development

63
 effective rehabilitation of the child, and for any other legal support

• Ensure that the case of the child is linked to the District Legal
Services Authority

• In case the child requires medical care, CWC has to pass direction
to link the child to the appropriate medical institution

• In the absence of adequate proof of age of the child, pass directions

for age determination test. The report of the test should be
obtained immediately after the test results have been concluded.
In the meantime, the child may be placed in a fit facility

• Perform all duties specified under Section 30 of the Juvenile

Justice (Care and Protection of Children) Act, 2015 and the rules
therein, and send regular updates and report to the appropriate
agency at the District /State level

4.4.4 Role of District Child Protection Unit27

• Ensure that there is an individual care plan and that the plan for
every recovered/traced child and that the plan is regularly reviewed.
Monitor the implementation of the plan

• Map all child related service providers and services in the district
for creating a resource directory, and link the missing/recovered
child to the schemes. Share the available information with the
Board and Committee from time to time

• Identify and support credible voluntary organizations to implement

program components of the ICPS

• Facilitate transfer of children at all levels for either restoration to

their families or placing the child in long or short-term rehabilitation
through sponsorship, kinship care, in country adoption, foster care,

27 http://cara.nic.in/PDF/revised%20ICPS%20scheme.pdf

64
 inter-country adoption and placement in institutions

• Maintain a database of all children in institutional care and

non-institutional care at the district level for uploading onto a
comprehensive, integrated, live database for children in care and in
need of care in the country- the ‘TrackChild’

• Maintain record of run- away children from child care institutions

• Maintain a district level database of missing/traced children in

institutional care and upload the same on designated portal. DCPU
also has to update and share details of children availing the facility
of open shelter and of children placed in foster care

4.4.5 Organized crime perspective

If the child cannot be traced within a period of four months, the investigation
of the case shall be transferred to the AHTU in the district which shall
make reports every three months to the District Legal Services Authority
regarding the progress made in the investigation.

If trafficking or any other element of organized crime is suspected, a

specialized team shall be instituted for investigation headed by the SHO.

4.5.1 Steps to be taken when a child is found or recovered:

4.5.2 Role of Police:

• After recovery, produce the child before CWC/JJB/Children’s Court,

as the case may be, for appropriate directions

• The child should be examined by a team of medical experts,

including psychosocial experts.

• The recovery form “R” on the TrackChild portal must be filled and
data be updated in www.trackthemissingchild.gov.in

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• Send a report to the District Legal Services Authority which shall
provide counselling and support services to the child and the family

• Conduct an enquiry and ensure if the child has been subjected

to any offence under the Act or any other law and if so, proceed
accordingly

• Proper home verification has to be carried out before the child is

reunited with Parents/legal guardian through CWC

66
 CHILD LABOUR

5.1 Child Labour

International Labour Organization (ILO) defines the term “child labour” as

work that deprives children of their childhood, their potential and their
dignity, and which is harmful to physical and mental development. 

It refers to work that:

• is mentally, physically, socially or morally dangerous and harmful to

children

• 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

In its most extreme forms, child labour involves children being enslaved,
separated from their families, exposed to serious hazards and illnesses
and/or left to fend for themselves on the streets of large cities – often at a
very early age.28

Article 3 of the ILO convention 182 defines worst forms of child labour
which includes:

• all forms of slavery or practices similar to slavery, such

as the sale and trafficking of children, debt bondage and
serfdom and forced or compulsory labour, including forced or
compulsory recruitment of children for use in armed conflict

28 https://www.ilo.org/ipec/facts/lang--en/index.htm

67
 • the use, procuring or offering of a child for prostitution, for the
production of pornography or for pornographic performances

• the use, procuring or offering of a child for illicit activities, in

particular for the production and trafficking of drugs as defined in
the relevant international treaties

• work which, by its nature or the circumstances in which it is carried

out, is likely to harm the health, safety or morals of children29

India has ratified the ILO convention No 138 in 2017 which mandates
setting a minimum age below which no children shall be permitted to work
and also ILO convention no 182 which aims at abolishing worst forms of
child labour.

Child labour in all forms curbs the fundamental rights of the child and
deprives the child of his/her childhood.

5.2 Data on child labour in India

According to the 2011 census, the total population of children in India in

the age group (5-14) years is 259.6 million. Of these, 10.1 million (3.9%
of total child population) are working and along with this more than 42.7
million children are out of school. 30
Of total children who are engaged in
some or other form of work, 32.9 % are working in the agricultural sector31

5.3 Genesis of Child Labour laws in India

In 1938, the Employment of Children Act was the first enactment to

address the issue of child labour and recommended prohibition of children

29 https://www.ilo.org/ipec/facts/lang--en/index.htm
30 https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro-new_
delhi/documents/publication/wcms_557089.pdf
31 Census 2011

68
below 13 years to work in certain industries. The constitution of India came
into force in 1950 and article 24 of the Constitution clearly stated that “No
child below the age of 14 years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.”

The Factories Act of 1948 prohibited children below 14 years from

working in a factory, The Plantations Labour Act of 1951 prohibited the
employment of children below 12 and The Mines Act of 1952 prohibited
employment of children below 18 and The Merchant Shipping Act of 1958
prohibited employment of children under 14. The Bonded Labour System
(Abolition) Act of 1976 was enacted to abolish the bonded labour system.

In 1969, the National Commission of Labour, chaired by Justice PB.

Gajendragadkar, in his report shared that child labour was rampant
in agriculture, plantations and shops. After this a committee called
Gurupadswamy Committee was formed in 1979 by Government of India to
study and examine the expanse of Child labour problem in India. In 1986,
another committee called the Sanat Mehta Committee was set up and
based on the reports of these committees The Child Labour (Prohibition
and Regulation) Act (CLPRA) of 1986 was enacted which prohibited
employment of children in a Scheduled List of Occupations and a Scheduled
List of Processes.

The National Policy on Child Labour was formed in 1987and in 1988; the
National Child Labour Project (NCLP) Scheme was launched in nine districts
of high child labour.32 This Act was further amended in 2016 to include
the term “adolescent” and now the Act is called “The Child and Adolescent
(Prohibition and Regulation) Act, 1986.

32 http://www.ielrc.org/content/a0905.pdf

69
5.4 The Child and Adolescent (Prohibition and Regulation)
Act, 1986

According to this Act, a child is one who has not completed the age of 14
years and adolescent is one who has completed 14 years of age but has not
completed 18 years of age.33

5.4.1 Prohibition of employment of children34

• Children are prohibited to work in any occupation or process.

• They can only help family or family enterprise in any work that is
non-hazardous after school hours or during vacations

• Family means biological or legally adopted brother or sister of the

child, biological brother or sister of parents of the child

• The work of the child should not substitute for the work of an adult

• They can perform as artist in audio-visual, entertainment industry

or sports but not in circus

5.4.2 Condition of employment of adolescents35

• Adolescents are prohibited to work in hazardous occupations and

processes as mentioned in Part A of Section 3A.

• Adolescents cannot be made to work for more than three hours

at a stretch without rest

33 Section 2, The Child and Adolescent (Prohibition and Regulation) Act, 1986,
Amendment 2016
34 Section 3, The Child and Adolescent (Prohibition and Regulation) Act, 1986,
Amendment 2016
35 Section 7, 8, The Child and Adolescent (Prohibition and Regulation) Act, 1986,
Amendment 2016

70
 • Rest of at least one hour to be provided after three hours of work

• Adolescents cannot be made to work for more than six hours in a

day and cannot be made to work overtime

• They cannot be made to work from 7 PM to 8 AM

• They should be given at least one day holiday in a week which will
be pre fixed

5.4.3 Condition of employment as child artist {Rule 2 (c)}

• No child artist can be made to work for more than 5 hours in a day
and not more than three hours at a stretch without rest

• Permission for employing child artist in any entertainment/audio

visual industry/reality show has to be taken from the District
Magistrate of the District where the activity is planned be
performed

• Permission of the District Magistrate is valid for a period of six

months and has to be renewed after that

• Proper mental and physical growth of the child will have to be

ensured

• The child should be given proper nutritional diet

• The child’s education should not be hampered and appropriate

facility for his education has to be provided

• Child should not be made to work for more than 27 consecutive

days

• One responsible person will be in charge of upto five children

• 20% of the child’s earning will have to be deposited as fixed

deposit in the child’s name in any nationalized bank

• No child can be made to work against his/her will

71
5.4.4 Maintenance of register (Section 11)

An employer who employs any adolescent in his establishment needs to

maintain a register which should have details of:

• Name and date of birth of every adolescent employed in his

establishment

• Period of work and rest to which he is entitled

• Details of nature of work

And this register should be available on all working days for inspection by
Inspector

5.4.5 Punishment for employing a child or adolescent (section 14)

Employing a child or adolescent is a cognizable offence.

Offence Punishment

Imprisonment of six months to two

Employing a child years and fine of Rs.20000-Rs.50000.
Parents will not be punished

Employing an adolescent Imprisonment of six months to two

in hazardous occupation years and fine of Rs.20000-Rs.50000.
and processes Parents will not be punished

Repeat offence Imprisonment of one year-three years

Repeat offence by
parents of the child/ Fine upto Rs. 10000
adolescent

72
5.4.6 Who can register a complaint against Child labour (Section 16)

• Any person

• Police Officer

• Labour inspector

• Any voluntary organization

• Teachers/Principal of the school where the child is studying. If a

child is absent from school for more than 30 consecutive days,
then the school Principal needs to inform the District Nodal Officer.

• District Child Protection Committee

• Panchayat or Municipality members

Cases of child labour will be tried in the court of Metropolitan

Magistrate or Magistrate of the first class

5.4.7 Where to Complain

• In the Government Platform for Effective Enforcement for No Child

Labour (PENCIL) portal (https://pencil.gov.in )

• Any police station

• Special juvenile police unit (SJPU)

• District Task Force

• State Labour Department

• Child line

• District Nodal Officer

73
5.4.8 Certificate of Age (Section 10)

The following documents will be considered as proof of age for a child or

adolescent:

• Aadhar card

• Certificate of age proof as received from school as per the date

mentioned during admission

• Birth certificate issued by Panchayat or municipality

• If none of the above is available then Assistant Labour

Commissioner can order for bone ossification test by competent
medical authority

• The cost of the bone ossification test will be borne by the employer
who had employed the child/adolescent

5.4.9 Duties of District Magistrate in prohibiting child labour {Rule 17

(C)}

• He will specify District Nodal Officers and assign powers and

duties to the District Nodal Officers

• Preside over as Chairperson of the Task Force to be formed in a

District consisting of

o Labour Inspector

o Superintendent of Police

o Additional District Magistrate

o District Nodal Officer

o Assistant Labour Commissioner

o Two representatives from Voluntary organizations for a period

74
 of two years

o One member from District Legal Service Authority nominated

by District Judge

o One member from District Anti Human Trafficking Unit

o Chairperson of CWC

o District Child Protection Officer under ICPS

o District Education Officer

o Any other person nominated by DM

5.4.10 Role of District Task Force {Rule 17 C, (2)}

The District Task Force shall meet at least once a month and take decisions
regarding:

• Identifying child labour in the district

• Conducting Raid and rescue operations

• Ensure that rescued children are rehabilitated as per the Juvenile

Justice Act, Bonded Labour System (Abolition) Act, 1976

• Rehabilitation and compensation is received as per National

Child Labour Project (NCLP) and Central Sector Scheme for
Rehabilitation of Bonded labour-2016

5.5.1 Rescue team36

During a raid and rescue operation, a team needs to be formed which shall
include:

36 Section 6 Towards Child Labour Free India, SOP for Enforcement of The CL-
PRA

75
 • Police/Special Juvenile Police Unit

• District Nodal Officer or labour Inspectors

• District Magistrate/SDM or nominee of DM

• Member of District Legal Service Authority

• Woman Police officer

• Translator/Counsellor

5.5.2 Role of Police

• Make a site map of the area so that all the entry and exit points
are known

• Make entry in general diary before going for a raid

• Thoroughly search the place and collect all evidences like food bills,
clothing, registers etc. and also ensure that no child is left behind

• Take photos/videos of the place

• Develop disclosure memo

• Seal the premises

• Separate the victims from the offender

• Do not disclose identity of the child

• Provide food , clothing and immediate medical help to the child

• Explain the situation to the child and take the help of translator or
interpreter if required

• Keep the child in a CCI or with a fit person or fit facility and produce
before CWC within 24 hours

• Each rescued child will be treated as a separate case and separate

FIR has to be lodged against employer

76
5.6 Rehabilitation37

All rescued children have to be provided rehabilitation which includes social

rehabilitation, educational support and economic rehabilitation.

5.6.1 Social Rehabilitation

• All rescued children have to be produced before CWC within 24

hours. CWC will conduct inquiry which will include home verification
and social investigation report

• If the home verification report is positive, then the child will be

repatriated with his family and economic rehabilitation will be
provided

• If the home verification report is negative, then the child will be

sent to a child care institute/Fit facility/fit person/foster care

• The CWC will issue rehabilitation card to monitor the progress

made by the child based on the Individual Care Plan

5.6.2 Educational Rehabilitation

The rescued children/adolescent has to be linked to suitable education

facilities as per NCLP

• Children between 5-8 years, will be enrolled under Sarva Shiksha

Abhiyan

• Children between 9-14 will attend a two year bridge education in

Special Training Centres under NCLP

• Adolescents between 14-18 will be linked to skill development

programs run by the Government

37 Section 8 Towards Child Labour Free India, SOP for Enforcement of The CL-
PRA

77
5.6.3 Economic Rehabilitation

Economic rehabilitation will include:

• Taking the back wages from the employer

• Immediate financial assistance of Rs. 20000 will be given under

the Central Sector Scheme for Rehabilitation of Bonded Labourer,
2016. This scheme is applicable to cases of trafficking, bonded
labour, child labour, forced prostitution, begging rings etc

• Additional compensation of upto Rs. Three Lac is available on

issuing of release certificate by DM

• Victim compensation from DLSA under section 357 A

• Rs.20000 fine will have to be paid by employer to the rehabilitation

fund

• Rs. 5000 will be given by Government to the rehabilitation fund

per rescued child/adolescent or job to any family member

• Another Rs. 15000 will be paid by the Government to the

rehabilitation fund

78
 HUMAN TRAFFICKING

6.1 Human Trafficking

Section 370 of the Indian Penal Code 1860 defines trafficking as:38

Whoever for the purpose of exploitation, (a) recruits, (b) transports, (c)
harbours, (d) transfers, or (e) receives, a person or persons, by using –

threats, or

force, or any other form of coercion, or

abduction, or

practising fraud, or deception, or

abuse of power, or

inducement, including the giving or receiving of payments or benefits, in

order to achieve the consent of any person having control over the person
recruited, transported, harboured, transferred or received, commits the
offence of trafficking.

The consent of the victim is immaterial in the determination of the offence

of trafficking.

38 SOP for combatting trafficking of persons in India by National Human Rights

Commission

79
 TRAFFICKING IS CONDUCTED 11

Through Act of By means (process) of For purpose of

• Exploitation:
including, at a
minimum :

• Threat • Physical Ex-

• Recruitment ploitation
• Force or Coercion,
• Transportation • Sexual Exploita-
• Abduction, tion
• Transfer
• Fraud or Deception, • Slavery or
• Harboring or practice sim-
• Inducement, in-
ilar to slavery
• Receipt of a cluding giving or
(like Forced
person receiving money or
Labour)
benefit
• Servitude
• Forced Removal
of organs

Trafficking is a continuing offence that starts from source to transit and to

destination for the purpose of exploitation.

The area or place

from where a
SOURCE victim is identied
and recruited with
The route through the intention of
which the victim is being exploited.
taken to the place
TRANSIT
of intended
exploitation The area or place
where the victim of
trafcking is
DESTINATION brought to be
exploited for
economic gain

80
Human trafficking is a multi-dimensional organised crime with a global
reach. It is a basket of crimes ranging from cheating, kidnapping, abduction,
buying and selling, wrongful confinement leading to various forms of
exploitation and crimes such as child labour, bonded or forced labour, sexual
exploitation, rape, organ trade, etc. The crime of human trafficking may have
local, national and international dimensions with respect to stakeholders,
geography, jurisdiction of crime etc.

The crime starts at a source area where the first person in the chain of
trafficking identifies and takes an action to recruit a victim, follows through
transit areas through which the victim is transported to the destination
where he/ she is exploited for some form of economic gain. However,
exploitation may happen at various stages by multiple traffickers during the
chain of the crime of trafficking.

Accordingly, efforts against human trafficking require efforts at: community

level at source, transit and destination areas through:

(i) Preventive action by various stakeholders by way of social development,

law enforcement, close monitoring by community groups.

(ii) Ensuring timely surveys in areas vulnerable to trafficking and

maintaining networks with Community groups for early detection

(iii) Checks and interventions on transit routes and promoting safe

migration practices by closely monitoring migration for work39

39 SOP for combatting trafficking of persons in India by National Human Rights

Commission

81
6.2 Why human trafficking

• One of the most profitable criminal activity

• Market-driven industry based on the principle of supply and

demand

• Only industry in which the supply and demand are the same. The
more the demand, the more is the supply

• Easy and low-cost business to procure and traffic vulnerable girls

for sexual exploitation.

• Global profits made using forced labour were at least US$44

billion per year, including the US$32 billion from trafficking. (ILO
report 2005)

• With a global average profit of US$21,800 per year per victim,

this sector is six times more profitable than all other forms of
forced labour, and five times more profitable than forced labour
exploitation outside domestic work

6.3 Causes of human trafficking

• Poverty

• Illiteracy/Lack of Education

• Unemployment

• Migration in search for livelihood or other reasons like desire for

glamorous jobs in big cities (Rural & Urban)

• Economic Reasons

• Commoditization of women

• Easy money

82
 • Demand for cheap labour

• Disaster victims

• Social Issues-child preference/gender inequality

• Runaway children

• Polygamy, divorced, separated and widowed women, infidel

husbands

• Religious and social taboo

• Unhealthy family environment

• Sexual exploitation/abuse and rape

• Violence against women /domestic violence

• Alcoholism/substance abuse

• Weak law enforcement compounds the problem

6.4 Who can file a complaint

Any individual can file a complaint through phone, email or personally of

any incident of trafficking. Complaint can be raised by:

• Parents or legal guardian

• NGOs

• DLSA/SLSA/NLSA

• Social Worker

• Labour inspector/labour department

• Railway police

• Nurse, doctor or management of any hospital or nursing home

83
 • Any person who has knowledge of incident

• Any person concerned with safety of an allegedly trafficked person

• The victim herself/himself

6.5 Where to complain:

The complaint has to be lodged in police station.

6.6 Action to be taken after receiving a complaint

• The Police have to register a FIR incorporating all the relevant

sections on receiving complaint about trafficking

• After registering FIR, a comprehensive rescue team has to be

formed which will include: Police/SJPU/AHTU, District Magistrate or
Sub-Divisional Magistrate, representative of DLSA, Women Police
Officer, District Nodal Officer or labour officers, representatives of
NGOs/women or child helpline, at least two respectable citizens
of whom one should be a woman, translators and counsellor. If in
transit, then rescue team will also include GRP or RPF. In case of
children being trafficked, rescue team will include CWC, DCPU,
CMPO (in case child marriage has taken place)

• During rescue, water, food and medical help has to be arranged and
the nearest child care institute and women’s shelter should also be
informed in order to provide emergency shelter

• Before conducting the raid and rescue operation, police should

make a proper note of the area and should have knowledge of all
entry and exit points

• Police should take care of collecting all evidences from the rescue
site to make the case full proof

84
 • The victims will have to be separated from the traffickers after the
rescue operations and the victims are to be placed in nearest CCI
or women shelter home after the rescue operations.

• The child victim has to be produced before CWC within 24 hours

for the CWC to take necessary action as per the Juvenile Justice
(Care and Protection of Children) Act, 2015

• The rescue team has to maintain confidentiality about the

operation and the identity of the children must not be disclosed

• Provide immediate medical care to the victims if required

6.7 Rehabilitation after Rescue

CWC has to order home verification and social investigation report for
children who are rescued from trafficking. If home verification is approved,
then the child will be repatriated to his/her family. CWC can order for
providing necessary monetary support required for repatriation.

In case the home verification report is negative, the CWC will pass order for
long term rehabilitation of the child.

6.7.1 Social Rehabilitation

• In cases where home verification is negative, the CWC will pass

orders to place the child in a children’s home or fit facility or fit
person or foster care

• The CWC is supposed to issue a rehabilitation card to monitor the

progress of the child and the card will be maintained by Probation
Officer of the concerned CCI where the child is placed

• CWC will also make an individual care plan and monitor the same
every quarter till the child attains 18 years

85
 • After the child attains 18 years, CWC can order for providing
further financial support as per section 46 for JJ Act

6.7.2 Economic Rehabilitation

A child who is rescued from trafficking is eligible for the following

compensation schemes:

• Immediate financial assistance of Rs. 20000 under Central

Sector Scheme for rehabilitation of bonded labour, 2016. This
is applicable in cases of human trafficking, bonded labour, child
labour, prostitution, begging rings etc

• Additional compensation of upto Rs. Three Lakhs is available on

the issue of Release Certificate by District magistrate

• DM/SDM can also provide immediate monetary relief under SC/

ST Act

• Back wages at the rate of minimum wages will have to be given to

the victim for the period of work done

• The employer will also have to pay Rs. 20000 per child to the Child
Labour Rehabilitation cum Welfare Fund for the benefit of the child

• Along with this, Govt will provide the amount of Rs. 15000 to this
fund and another Rs 5000 to the child or job to a family member

• Child will also get further compensation in case of sexual assault

6.7.3 Educational support

• If the child is between 5-8 years, he/she will be directly linked to

the Sarva Siksha Abhiyan

86
 • Children in the age group of 9-14 years will attend a one year
bridge course in NCLP schools and will then be linked to Sarva
Shiksha Abhiyan

• Children in the age group of 14-18 years will be provided skill

development programmes

6.8 Role of different stakeholders in dealing with case of

Human Trafficking

6.8.1 Role of Police40

• Police has to be proactive in investigation for early detection of

crime and collection of evidence to prevent trafficking

• Identify sources and conduct awareness camps to ensure

collection of information and become vigilant at the transit area
such as railway junctions and bus stops to prevent trafficking

• Introduce the concept of community policing to make the general

public the eye and ear of police and prevent trafficking.

• Maintain record of the profile of victims rescued earlier, accused

involved, middlemen and other possible perpetrators in order to
predict the crime of trafficking.

• Collect and analyse database of missing persons/ children and if

not traced within four months then transfer the case to AHTU in
the district

• In case of receiving a complaint of missing child, immediately

register a FIR

• Conduct sensitisation workshops for Panchayati Raj Institutions

and Municipal Corporations on crimes against children including
identification and reporting of crimes
40 Standard Operating Procedure for Combating Trafficking of Persons in India

87
• Establish partnership with other stakeholders for intelligence
sharing and collection

• Form rescue team as per requirements of law for rescue and

identify relevant provisions of laws to include when a complaint is
registered

• Arrange logistical support during raid and rescue operation and

seal the premises after raid

• Separate the victims from the traffickers and provide immediate

medical help after rescue

• Ensure confidentiality of the rescue process and also ensure that

the victim is not arrested during rescue

• Collect all available evidence at the time of rescue in form of

photographs and documents and make a memo of all the things
seized during raid/ rescue

• Explain the situation to the child victim with the help of the
translator, representative of NGO or representative of DLSA

• Ensure confidentiality and protect the identity of all victims

• Immediately place the rescued child in a safe place and away from
the offender

• Make a general diary entry while leaving police station for raid
and rescue operation and ensure that the information regarding
source/victim/location is not leaked

• Register FIR which should include all the relevant provisions of

applicable laws to get justice for victim

• Children rescued must be produced before CWC within 24 hours

from the time of rescue, excluding travel time

• Collect necessary evidence to establish a fool proof case (Follow

all leads including money trail, communication trails etc)

88
 • In cases of child labour, ensure that factory is sealed, unpaid wages
are recovered and disbursed

• In case of child sexual exploitation, confirm that brothel is sealed

and offenders are evicted from premise as per sec 18 of ITPA
1956

6.8.2 Role Non-Government Organisation

• Work with police for conducting awareness generation programmes

to ensure collection of information from the community

• Inform the police in case information regarding a trafficker or of a

possible crime is received. Complaint can also be filed in case a
victim requires any help

• File a complaint with the police in order to report an incident of

trafficking

• Ensure logistical support is available with the rescue team prior to

rescue operation

• Assist in formation of the rescue team as per requirements of law

• Help the police in explaining the situation to the victim and

counselling him/her

• Co-ordinate with the police in explaining the procedure of trial,

preparing and counselling the victim before the court proceedings

• Assist CWC in collecting data for home verification

• Prepare social investigation report on the directions of the CWC

• Assist in repatriation of the child as per the orders of the CWC

89
6.8.3 Role of Child Welfare Committee

• CWC has to complete inquiry within a period of four months and on

the basis of inquiry declare a child in need of care and protection
and give orders for his/her rehabilitation

• Provide requisite order for immediate shelter and medical

assessment

• Pass order for home verification and it should be completed within

15 days of passing such order

• After inquiry and assessing the home verification reports, pass

order for repatriation (with or without monetary support) or pass
orders for long term rehabilitation of the child

• A child who requires long term institutional support will have to be

sent either to a children’s home, fit facility, fit person or foster care
till the time the child is 18 years old

• Pass order for preparing individual care plan and monitor it and also
issue rehabilitation card for the child

• Order for back wages to be recovered at the rate of minimum wage

to child victim in case of trafficking for forced labour

• In case of a child between 5-8 years rescued from forced labour,

pass order for linking the child to Sarva Shiksha Abhiyan

6.8.4 District Child Protection Unit

• Maintain co-ordination with stakeholders for intelligence sharing

and collection of information

• File a complaint with the police in order to report an incident of

trafficking

90
• Join the rescue team and conduct necessary inquiries as under the
CLPRA, 2016 and BLSA, 1976 Acts

• Enter information into the centralised data base and ensure that
FIR is filed with relevant sections

• Give application to the Magistrate for closure of illegal factories/

places of work

• Ensure that the victims are produced before the district magistrate
for declaring them as bonded labour and issuing release certificates
and steps are taken for releasing the rehabilitation amount in their
favour

• Wherever bridge education is necessary ensure that the child is

enrolled in an NCLP school

• Proactively recover Rs 20,000 per child from the employer and

ensure that it is deposited to “child labour rehabilitation-cum-
welfare fund” and it has to be only used for the benefit of the child

• Ensure that government provides employment to an adult family

member of the child trafficked for inducted into forced labour or
have the government contribute Rs 5000 per child

91
 SUMMARY OF THE
CHILD PROTECTION
LAWS IN INDIA

A-23, Friends Colony (West), New Delhi-110065

Email: info@satyarthi.org.in | Website: www.satyarthi.org.in

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