offences against juveniles and child davv llb important topics

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  1. child
  2. juvenile
  3. main causes of child offence 
  4. international conventions related to  child
  5. contract act and effect of minors agreement , when enforceable 
  6. juveniles justice act
  7. prohibition of child marriages act
  8. child abuse  - types and causes
  9. laws for protection of a child
  10. child labour prevention of child labour

Who is a child ? 

  • Our legal understanding of who is defined as a child depends on the legislation / convention considered, given the conflicting definitions between various Indian legislations defining who is a child taking age as the basis. In India different laws related to children define children differently

    Legislation considered <---> Definition of a child
  1. United Nations Convention on the Rights of Child -- a child is any human below 18 years unless under the law applicable
  2. Child Labour (Prohibition & Regulation) Act 1986 as amended in 2006 and 2016 - human being not completed 14th year of age or age as specified in Right to Compulsory and free Education act 2009 whichever is more
  3. Immoral Traffic Prevention Act- child means a person who has not completed 16 years of age and minor means person between 16-18 years
  4. The Child Marriage Prohibition Act - child means a person if male below 21 years and if female below 18 years for this act
  5. The Right of Children to Free and compulsory education 2009 - male or female child belonging to 6-14 years of age
  6. Juvenile Justice (care and protection of children) act 2015, preceded by JJ Act 1986 - not completed 18 years of age
  7. Censs of India - anyone below 14 years of age
  8. Factories Act 1948 - a child as a person who is below 15 years of age and adolescent between 15-18 years

Who is a juvenile?

  1. “juvenile” means a child below the age of eighteen years

    __________

  2. Child in conflict with law Sec 2(13)
  3. Child needing care and protection Sec 2(14)

What are causes of offense against a child?    

  • poverty
  • drug, alcohol, narcotics
  • domestic violence
  • unemployment
  • parental risk factors 
  • mental health factors
  • chronic hunger 
  • societal abandonment
  • vulnerability 
  • marital conflicts (single / divorced parents)
  • lack of education and awareness 
  • weak law enforcement
  • social and cultural factors

International conventions related to a child