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CHILD Protection & Rights > National Level.


Child labour (Prohibition and Regulation) Act, 1986
(Link: http://labour.nic.in/cwl/ChildLabourAct.doc)
The Act was formulated to eliminate child labour and provides for punishments and penalties for employing children below the age of 14 years in from various hazardous occupations and processes. The Act provides power to State Governments to make Rules with reference to health and safety of children, wherever their employment is permitted. It provides for regulation of work conditions including fixing hours of work, weekly holidays, notice to inspectors, provision for resolving disputes as to age, maintenance of registers etc. Through a recent notification, child domestic workers up to 14 years of age working in hotels and dhabas have been brought within the purview of the Act. It is one step towards the total elimination of child labour.

Pre-natal Diagnostic techniques (Regulation and Prevention of Misuse) Act, 1994
(link: http://nrcw.nic.in/shared/sublinkimages/78.htm)
This is an act for the regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders, chromosomal abnormalities or certain congenital malformations or sex-linked disorders, and for the prevention of misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide and for matters connected therewith or incidental thereto.

The Juvenile Justice (Care and Protection of Children) Act 2000, (link:
http://wcd.nic.in/childprot/jjact2000.pdf)
This Act is a comprehensive legislation that provides for proper care, protection and treatment of children in conflict with law and children in need of care and protection by catering to their development needs, and by adopting a child friendly approach. It conforms to the UNCRC and other relevant national and international instruments.
It prescribes a uniform age of 18 years, below which both boys and girls are to be treated as children. A clear distinction has been made in this Act between the juvenile offender and the neglected child. It also aims to offer a child increased access to justice by establishing Juvenile Justice Boards and Child Welfare Committees. The Act has laid special emphasis on rehabilitation and social integration of the children and has provided for institutional and non-institutional measures for care and protection of children. The non-institutional alternatives include adoption, foster care, sponsorship, and after care.

The Juvenile Justice (Care and Protection of Children) Amendment Act 2006,
The Juvenile Justice (Care and Protection of Children) Rules, 2006


The Commissions for Protection of Child Rights Act, 2005,( link:
http://wcd.nic.in/The Gazette of India.pdf )
The Act provides for the Constitution of a National and State Commissions for protection of Child Rights in every State and Union Territory. The functions and powers of the National and State Commissions will be to:
- Examine and review the legal safeguards provided by or under any law for the protection of child rights and recommend measures for their effective implementation.
- Prepare and present annual and periodic reports upon the working of these safeguards.
- Inquire into violations of child rights and recommend initiation of proceedings where necessary.
- Undertake periodic review of policies, programmes and other activities related to child rights in reference to the treaties and other international instruments.
- Spread awareness about child rights among various sections of society.
- Children's Courts for speedy trial of offences against children or of violation of Child Rights.
- State Governments and UT Administrations to appoint a Special Public Prosecutor for every Children's Court.

National Commission for protection of Child Rights Rules, 2006,
The Commissions for Protection of Child Rights (Amendment) Act, 2006,

The Prohibition of Child Marriage Act, 2006, ( link:
http://wcd.nic.in/cma2006.pdf )
The Child Marriage Restraint Act, 1929 has been repealed and the major provisions of the new Act include:
- Every child marriage shall be voidable at the option of the contracting party who was a child at the time of the marriage;
- The Court while granting a decree of nullity shall make an order directing the parties, parents and guardians to return the money, valuables, ornaments and other gifts received;
- The Court may also make an interim or final order directing the male contracting party to the child marriage or parents or guardian to pay maintenance to the female contracting party to the marriage and for her residence until her remarriage;
- The Court shall make an appropriate order for the custody and the maintenance of the children of child marriages;
- Notwithstanding that a child marriage has been annulled, every child of such marriage shall be deemed to be a legitimate child for all purposes;
- Child marriages to be void in certain circumstances like minor being sold for the purpose of marriage, minor after being married is sold or trafficked or used for immoral purposes, etc.;
- Enhancement in punishments for male adults marrying a child and persons performing, abetting, promoting, attending etc. a child marriage with imprisonment up to two years and fine up to one lakh rupees;
- States to appoint Child Marriage Prohibition Officers whose duties include prevention of solemnization of child marriages, collection of evidence for effective prosecution, creating awareness and sensitization of the community etc.

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