top of page
Search
  • Shreya Sinha

ROLE OF JUDICIARY IN PROTECTION OF CHILDREN

Riya Sarraf, 4th Year, Modi University, Laxmangarh

 

Children are the greatest gift from God, if children are treated with the best human output, society will be more benefited and feel happy with them. If the children are neglected there will be loss in society. All the persons who are below the age of 18 years are considered as children under International law. Children are the future of our nation so it's very important to protect their rights.

Here, the Indian judiciary plays an important role in the protection of the rights of children by providing various laws in order to protect their rights. In the modern era judicial activism plays an important tool in the protection of the rights of children including protection from child abuse, trafficking, and sexual exploitation, etc. and the cases which were dealt with by the Indian judiciary for the protection of child rights are as follows.


JUVENILE JUSTICE ACT, 2000

This JJAct was enacted to deal with the children who need protection and care and to amend the law relating to children in conflict of law. basically, its purpose is to amend the law relating to children in conflict of law and who need special care and protection. By providing them special care, protection treatment. In this act, the person who is below the age of 18 years is considered a minor. According to this, the child is kept separated from adults and given treatment according to their age and legal status. Basically, the reformation of the child is done.

Sheela Bares v. The Secretary Children’s Aid society & ors

Here the petition is filled in the public interest and a social worker took this case and the case deals with improper functioning of childcare institutions and petitioned that child to be released from jails and District judges should ensure is taken care with care. Then the supreme court came forward and took this case and said a child in no case should be put in jail but in the reformative centre and central law must be enacted to bring uniformity.


CHILD LABOUR AND PROTECTION ACT, 1986

This act aims to eradicate any form of child abuse in any form of employment and it also prohibits the employment of children in any kind of hazardous employment who is below the age of 14 years. There was a case where the supreme court gave judgement regarding children employed in hazardous work which is: M.C Mehta v. State of Tamil Nadu

Here the supreme court stated that children should not be employed in Hazardous jobs and in the manufacturing of fireworks or matchboxes as there is a risk to their life and said that positive steps to be taken to see and help to improve the quality of life of children.


RIGHT TO EDUCATION

Every child has the right to education to have a secured future to improve their life. No child should be deprived of this right the court in various cases has unequivocally declared the right to education as an integral part of the rights of personal liberty embodied in Article 21.