Centre for Advanced Legal Studies and Research, (CALSAR), Thiruvananthapuram

CRIMES AGAINST CHILDREN AND ROLE OF JUDICIARY IN PROTECTING CHILD RIGHTS.

Alfiya. A,
9th Sem, Ba LLB

               Investigation of crimes against children are often complex, both in terms of the varied and large amount of digital technology encountered and the offensive nature of the crimes. It was not until the late nineteenth century that a nascent children’s rights protection movement countered the widely held view that children were mainly quasi-property and economic assets. The violence against children is never justifiable or inevitable, and that “if its underlying causes are identified and addressed, violence against children is entirely preventable”. In India violence against children is a deep-rooted social problem. A comprehensive approach to preventing violence against children is required. In India, the primary child protection provisions are found in JJ Act, 2015. Chapter VI and IX of the Act lays out the procedures for care and protection of a child and various offences towards children respectively. Protection of children from crime and sexual abuse is considered to be one of the agenda for achieving millennium developmental goals. Data on sexual abuse of children is very difficult to capture because many victims are not able or willing to report their situation. Millions of children around the world are exploited, abused, and discriminated against. According to the International Labour Organisation, a whole new generation of children are being deprived of the chance to take their rightful place in the society and economy of the 21st century. In India seeing the increasing trend of sexual crimes specially against children exhibiting highest level of bestiality and barbarity in commission of crime. Children are some of the most vulnerable members of our society and can be victims of various forms of violence. Therefore, this paper mainly focuses on the existence and prevelance of crimes against children in India and suggest prevention strategies to reduce this brutality.

      CHILDREN RIGHTS UNDER THE CONSTITUTION

The right of the children to form an association maybe regarded as important and complex, yet a less explored area of child rights. Legislations for protecting children are:

●The Protection of Children from Sexual Offences Act 2012 (the POSCO Act)

●The Juvenile Justice Act 2015 (the JJ Act)

●The National Commission for protection of Child Rights, 2007

Right to education, Article 45 provision for early childhood care and education to children below the age of six years, Right to life, Right against exploitation etc.

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