Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
LATEST NEWS UPDATES | Push for child law review -Ananya Sengupta

Push for child law review -Ananya Sengupta

Share this article Share this article
published Published on Oct 29, 2014   modified Modified on Oct 29, 2014
-The Telegraph

The country's apex child rights body has acknowledged that the laws on children are contradictory and initiated the process of a review.

The National Commission for Protection of Child Rights (NCPCR) has decided to set up a three-member working group to harmonise the laws and remove conflicting provisions.

"The commission has observed that there are many gaps and discrepancies in various laws concerning the rights of children. The commission is, therefore, of the view that the provisions of these laws need harmonisation for better understanding and applicability," Asheem Srivastav, member-secretary of the NCPCR, said in a letter to rights activists.

The letter, dated October 24, invites them to be part of the proposed group.

The aim of the group, likely to be given two months for the job, is to examine and review existing laws, identify gaps, discrepancies and contradictions, and prepare a "concept note" on how they can be harmonised.

The discrepancies have long been a sore point between governments and child rights groups. According to them, the only time the problem was addressed was almost 30 years ago during the tenure of Rajiv Gandhi as Prime Minister, who had formed a committee under eminent activist Padma Seth to look into the issue. The matter has been on the backburner since.

"This (review of the laws) has been our long-standing demand. Instead of amending the Indian Penal Code (IPC), the government has created special laws like POCSO (Protection of Children from Sexual Offences Act) and the JJ (Juvenile Justice) Act, which not only contradict each other but also create unnecessary confusion, harming children in the process. The recommendations of this (proposed) group will open the doors for repeal of redundant and contradictory laws," said Enakshi Ganguly, a child rights activist.

Others cited examples. Under POCSO, having sexual relations with a minor is statutory rape, but under the Prohibition of Child Marriage Act, child marriage is not invalid unless either party seeks annulment.

While the IPC gives criminal immunity to children below seven - they cannot be arrested or prosecuted - no such provision exists under the JJ Act. This, activists say, keeps them out of the care and protection of the JJ Act that aims to reform minors.

"Several laws in India regarding children contradict each other, particularly over the question of age. The sentence under each law is different, leading to confusion. In fact, there are laws dating back to 1933 and they should be repealed immediately," said Bharti Ali, co-director of HAQ: Centre for Child Rights.

Ali pointed to some discrepancies in rape laws. On the one hand, POCSO makes consent immaterial in the case of rape victims below 18. On the other hand, married girls between 15 and 18 cannot claim rape by their husbands because of lack of laws on marital rape, Ali said.

Lawyer and activist Ananth Asthana, who has been approached by the child rights panel to be part of the review group, believes multiple laws have led to "chaos".

"The legislative exercise on matters related to children has been so multi-dimensional and multi-pronged that it has resulted in chaos. High time this is resolved. I am thankful to the National Child Rights Commission for having taken note of this."


The Telegraph, 29 October, 2014, http://www.telegraphindia.com/1141029/jsp/nation/story_18976381.jsp#.VFDJTHs_-BE


Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close