Abstract
Using doctrinal and analytical methods, the paper explores the effectiveness of statutory safeguards, judicial interpretations, and implementation challenges. The analysis further investigates socio-economic dimensions that perpetuate crimes against children and evaluates how the juvenile justice system balances rehabilitation and punishment. The study concludes by suggesting reforms to strengthen child protection mechanisms in India, emphasizing preventive, rehabilitative, and restorative approaches.
Introduction
Children represent both the present and the future of any nation. India, with one of the world’s largest child populations, faces significant challenges in protecting children from abuse and exploitation. The National Crime Records Bureau (NCRB) reports alarming trends of rising offences against children, ranging from sexual abuse, kidnapping, and trafficking to forced labor and cyber exploitation.
Despite constitutional safeguards under Articles 14, 15(3), 21, 21A, 23, and 24, and international obligations under the UN Convention on the Rights of the Child (CRC), violations of child rights remain rampant. Legal responses, such as the POCSO Act, 2012, and the Juvenile Justice Act, 2015, attempt to ensure justice and rehabilitation. However, persistent gaps in enforcement, societal attitudes, and infrastructural inadequacies hinder effective protection.
This paper aims to examine: (i) the major offences against children in India; (ii) the statutory and judicial framework of child protection and juvenile justice; and (iii) challenges and reforms necessary to safeguard the rights of children.
Methodology
This study adopts a doctrinal research methodology, focusing on primary and secondary legal sources.
Primary Sources
Statutes such as the Juvenile Justice (Care and Protection of Children) Act, 2015; the POCSO Act, 2012; the Child Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016); constitutional provisions; and relevant judicial decisions.
Secondary Sources
Books, journal articles, reports from the NCRB, UNICEF, National Commission for Protection of Child Rights (NCPCR), and international instruments like the CRC.
Approach
The analysis integrates a socio-legal perspective, examining how laws operate in practice, their strengths and weaknesses, and the lived realities of children affected by crime.
Analysis
Offences Against Children in India
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Sexual Abuse and Exploitation
The POCSO Act, 2012 was a landmark legislation providing child-friendly procedures and stringent punishment for sexual offences. However, NCRB reports show an increasing number of POCSO cases, raising concerns over deterrence and implementation. In State of Punjab v. Gurmit Singh (1996), the Supreme Court emphasized sensitivity in handling child victims.
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Child Trafficking and Forced Labour
Children are trafficked for commercial sexual exploitation, begging, and hazardous labor. The Immoral Traffic (Prevention) Act, 1956 and Bonded Labour System (Abolition) Act, 1976 complement constitutional protections. Yet enforcement remains weak due to corruption and lack of awareness.
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Child Marriage
Despite the Prohibition of Child Marriage Act, 2006, child marriage persists, particularly in rural and socio-economically backward regions. In Independent Thought v. Union of India (2017), the Supreme Court criminalized marital rape of minor wives, marking a significant advance.
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Cybercrimes Against Children
The rise of digital platforms has exposed children to grooming, pornography, and cyberbullying. The Information Technology Act, 2000, read with POCSO, attempts to curb such offences. However, limited cyber-policing capacity hinders effective prosecution.
Juvenile Justice in India
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Historical Evolution
The juvenile justice system in India evolved from welfare-oriented models under the Juvenile Justice Act, 1986, to the more comprehensive Juvenile Justice (Care and Protection of Children) Act, 2000, and the revised 2015 Act.
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Juvenile Justice Act, 2015
Key features include:
- Establishment of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs).
- Special provisions for children in conflict with law and children in need of care and protection.
- Provision allowing juveniles aged 16–18 to be tried as adults for heinous offences, introduced after the 2012 Nirbhaya case.
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Judicial Interpretation
In Salil Bali v. Union of India (2013), the Supreme Court upheld the constitutionality of trying juveniles separately, highlighting the rehabilitative purpose of juvenile law. However, post-2015, debates persist on whether trying certain juveniles as adults contradicts India’s CRC commitments.
Challenges in Implementation
- Inadequate Infrastructure: Insufficient shelter homes, poor rehabilitation facilities, and overburdened JJBs.
- Delayed Justice: Procedural delays and lack of sensitivity among law enforcement officers.
- Socio-Economic Factors: Poverty, illiteracy, and patriarchy perpetuate offences like child labor and child marriage.
- Underreporting: Social stigma and fear of reprisal discourage reporting of offences.
- Training Deficit: Police, judiciary, and support staff lack specialized training in child psychology and victim care.
Comparative and International Perspective
Countries such as Norway and the UK prioritize restorative justice and rehabilitation over punishment. India, as a signatory to the CRC (1989) and the Beijing Rules (1985), has international obligations to ensure a child-friendly justice system. The move towards punitive measures in the JJ Act, 2015, has drawn criticism for deviating from these commitments.
Policy Recommendations
- Strengthening Implementation: Enhanced training for law enforcement and judiciary in handling child victims.
- Infrastructure Development: Establishing more child-friendly courts, shelter homes, and rehabilitation centers.
- Community Engagement: Awareness campaigns to reduce stigma and increase reporting.
- Restorative Justice Models: Incorporating mediation and counseling to rehabilitate child offenders.
- Technology Integration: Using AI-driven surveillance and reporting mechanisms to tackle cybercrimes.
- Legislative Reforms: Revisiting provisions that allow juveniles to be tried as adults, ensuring compliance with international norms.
Conclusion
Offences against children strike at the very foundation of human dignity and constitutional morality. While India has made significant strides with robust legislations like POCSO and the JJ Act, persistent challenges undermine their effectiveness. A child-sensitive approach that emphasizes prevention, timely justice, rehabilitation, and reintegration is essential. Strengthening institutional mechanisms, investing in capacity-building, and adopting community-centric strategies will help India fulfill its constitutional and international commitments to child protection.
