seminar on women & Children

B Com. LL.B. (Hons.) Taxation Law,

BATCH-2
VII Semester
THE EXTENT & LONG-TERM TREATMENT OF CHILD
MALTREATMENT
Tanmay Gaur
R129217091
500060584
UNDER THE GUIDANCE OF: - Prof. Nikita Begum Talukdar;
Assistant Professor

School of Law,
University of Petroleum and Energy Studies,
Dehradun
August-December, 2020-21

INTRODUCTION
The child's place is the home and second home is the school. It is said in some sacred books
“Child is the incarnation of God” and such child should not be put to work at such age. Children
are universally recognized as the most important asset of any country. The future of the country
is based directly on how the children is raised up and supported for. This is why the Universal
Declaration of Human Rights adopted way back in 1948 had proclaimed that childhood was
entitled to special care and assistance. It is often said that childhood is the best part of one's life.
But this does not hold good for everyone. There are many children who experience adulthood
when they are just old enough to feed themselves. This is where the problem of child
Maltreatment comes.
Child Maltreatment which is a well-known problem worldwide in countries like India,
Zimbabwe, DR Congo, Eritrea, Somalia, Burundi and so on. Child Maltreatment includes child
Maltreatment, sexual abuse, child trafficking and even street begging. Exploitation of children in
the by different condition led to decrease the child mentality which lastly destroys him. Children
are basically exploited and used explicitly in any condition they are in which may be out of their
reasonability.
The fight against child abuse is a real challenge for many of the States. This fight is also a
challenge for the world. Child maltreatment is an inate part of newly formed and developing
countries, especially in backward countries. These children are the most depenied section of
population compelled to abused at the attender age and compelled to earn mere money or to
contribute to family work, relinquishing self-improvement..
The term Child Maltreatment can be defined as: - “The employment of workers under the age of
majority. This term typically focuses on abusive practices such as exploitative factory work;
slavery, sale, and trafficking in children; forced or compulsory labor such as debt bondage and
serf-dom; and the use of children in prostitution, pornography, drug-trafficking, or anything else
that might jeopardize their health, safety, or morals. Some writers restrict the term to activities
forbidden by the International Labor Organization's minimum-age conventions.” 
Child abuse damages the mentality, emotional, physicality and moral development of a child. A
child who is to be educated in the school or needs to be developed as independent rightful citizen
of this country is being exploited in the dirty markets of the country where they physically,
mentally and emotionally tortured by the so called respected and patriotic people of the country.
That child suffers its whole life till it dies whether it dies of a certain disease or certain
malnutrition or after attaining a certain age dies of poverty. The whole fundamental structure of
the child gets destroyed into ashes and becomes a liability to itself and to its nation. Every day, a
large number of Indian children are subjected to bonded Maltreatment and forced employment,
depriving them of their childhood, education and overall mental and physical development.
According to the 2011 census released by the Government of India, the number of children
working in the 5-14 year age group stood at 43.53 lakhs. They are forced to carry the heavy loads
and hamper their physical capacity of the potent child and break them into pieces like anything.
They are to carry the responsibilities and mental tensions of their families at such a small age
whereas their education gets neglected. There are certain elements which can implicate child
Maltreatment or whether child is indulged in bonded Maltreatment or restricted
1. Work by little youngsters (significantly 7-16 years old)
2. Extended periods of time of work on normal premise
3. Perilous working conditions
4. No or lacking access, participation or progress in school.
5. Reinforced Maltreatment or working in slave conditions.
6. Injurious treatment of the kid by the businessMaltreatment or not:-

• JUDICIAL AND LEGAL STATUTES AND RESPONSES

1. Minimum Wages Act, 1948:- The act provides for the fixation of minimum rates of wages in
certain employments which have been specified by appropriate governments in the schedule of
the Act. The act made provision and laws for minimum wages for adults, adolescents and
children as at that time most children were employed in hard labor and work. The act also
provides for the rules of number of hours, which shall constitute a normal working day, wherein
it is mentioned in the case of a child shall be four and a half hours.
2. The Factories Act, 1948 make it illegal of the employment of children aged  less than 14
years of age in factories (Section-67). A children who has completed the age of 14 years is not
permitted to work in a factory for more than 4 hours in any day (Section-71(1) (a)). Chidren
should not work at night i.e continously for twelve continous working hours including the
period from 10 P.M to 6 A.M (Section-71(1) (b)). The working time of work of the children
must be limited for two shifts which should not lapover and time must not extent for more than
five hours (Section-71(2)). The children should not be employed in two separate factories on the
same working day (Section-71(4).
3. The Plantation Maltreatment Act, 1951, a children  below the age of 14 years or an pubescent
children between the age of 15-18 years cannot be employed for work unless the child is
certified by the surgeon fit to work (Section-26). The certificate of fitness is given by a
certifying surgeon who certified that the person being examined by him is fit to work as
a child or as an adolescent. This Act makes the provisions for education as the responsibility of
the employer (Section-14) and so is for housing (Section-15) and medical (Section-10) and
recreational facilities (Section-13).
4. The Mines Act, 1952  is one of the most strict provisions. The Act prohibits employment of
children aged below 18 years in any mine or part thereof (Section 40) and also probits the
employemnt of children any time in the mine above ground where any operation of the mine is
connected to the work incidental in nature to any mining operation is being carried out
(Section-45). The Act prescribes punishment of fine up to Rs. 500 in case of employment of
persons below 18 years (Section-68). For contravention of any other provision of the Act, there is
provision of imprisonment up to 3 months or fine up to Rs. 1000 or both (Section-73).
5. The Merchant Shipping Act, 1958 prohibits employment of children under 15 years in a ship,
except the ship is used for the purpose of school ship or training ship or the ship is owned by
the by family members, or in a family owned trade ship of less than two hundred tons gross; or
in a family owned trade ship of less than two hundred tons gross; or where such children to be
employed on minimum salary which is to be given by the father or other adult near male
relatives who owned the ship . (Section 109).
6. The Motor Transport Workers Act, 1961 apply on every motor transport in which there is a
employment 5 or more persons. The motor transport Act prohibits employment of children
hows age is under 14 years in any capacity in the motor transport undertaking (Section 21).
7. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 applies on all industrial
factory wherein there is a manufacturing process connected with making of beedi or cigar or
both is being. The Act forbids the employment of children below 14 years of rhe age in the
premises of the company (Section 24). The employment of young children aged between the 14
to 18 years is prohibited between 7P.M to 6 A.M.
8. The Child Maltreatment (Prohibition and Regulation) Act, 1986:- It is one of the most latest
and the modern legislative attempt by the Government to prohibit and regulate the employment
of children in India. It is an outcome of various recommendations made by a number of
Committees. The National Committee on Maltreatment, 1969 recommended the fixing of the
working hours of employment of the children sothat they can do both the work schooling and
their job in industry . The National Committee on Child Maltreatment under the Chairmanship
of Shri. M.S Gurupadaswamy constituted to reconsider and regulate the laws on child
Maltreatment . It also felt that it was necessary to formulate a comprehensive law to
ban child Maltreatment in hazardous operations and to regulate their conditions of employment
in other areas. The aim of   the draft bill was to eradicate child Maltreatment in the long term and
to protect the child worker immediately in the short term. For achieving the goal it suggested
developmental programs for the rehabilitation and welfare of child workers as part and parcel of
the Act.
The Act has reproduced Part A and B of the Schedule dealing with hazardous occupations and
hazardous processes where children are prohibited from being employed. The provisions of this
Act override the provisions in all other Acts relating to child Maltreatment. The objectives of the
Act include prohibiting the employment of children in certain occupations, regulating the
conditions of work in permissible occupations and obtaining uniformity in the definition
of child for various laws relating to child Maltreatment. The Act, intends to—
(a) Stop the employment of children who have not completed their 14 yearof age , in specified
occupations.
(b) lay down a process whether the modifications to the schedule of banned occupations or
processes;
(c) Regulate the working conditions of the children in the course of employments where they
are not prohibited from working ;
(d) Lay down penalties for the employment of children who had violated the provisions of
this Act,s and other Acts which stops the employment of children

• CONSTITUTIONAL PERSPECTIVE OF CHILD MALTREATMENT

The constitution of India clearly prohibits child Maltreatment in India. There is always a scope of
question that there is neither an specific article for the child Maltreatment in the constitution nor
amended or any bills passed by the law makers or jurists of our country. But our constitution is
manifested by various articles which are valid and are defined for the common child to be
followed. Also it also to be noticed that constitution is the basic or primary source for the statutes
made for child Maltreatment prohibition comes from the constitution. There is a common genus
between the above mentioned statutes and nexus between those statutes which are all made on
the principles of the constitution as constitution provided basis of fundamental rights and human
rights for any rights prohibited. So there are constitutional principles and articles which implicate
the child Maltreatment statutes:-
• Article 14 — The State shall not deny to any person equality before the law or the equal
protection of laws with in the territory of India.
• Article 15 — The State shall not discriminate against any citizen nothing in this Article shall
prevent the State from making any special provisions for women and children.
• Article 21 — No person shall be deprived of his life or personal liberty except according to
procedure established by law.
• Article 21A — The State shall provide free and compulsory education to all children of 1 the age
of 6-14 years in such manner as the State may, by law, determine.
• Article 23 — Traffic in human beings and begar and other forms of forced Maltreatment are
prohibited and any contravention of this provision shall be an offence punishable in accordance
with the law.
• CASE LAW INTERPRETATION ON CHILD ABUSE
In one of the landmark judgments of “MC Mehta v State of Tamil Nadu and Ors”, the court
ordered the government to take down Child Maltreatment.
Facts: - In one of the match factories of Sivakasi in Kamaraj District of Tamil Nadu State, the
high-rate of employment of children under the age of minority was the main concern of the
petitioner, where he contended that the employment was hazardous and unconstitutional and a
writ petition was filed under Article 32 of the Constitution of India. The government was the
respondent in the case where, the fact of child maltreatment was not denied by them but instead
came up with the suggestions to curb such a disease from the society.
Later in 1990, the Apex Court of the country called for a total ban on Child Maltreatment with
respect to process of manufacturing of matchsticks & fireworks. But unfortunately as soon as the
order was passed an accident occurred in the same factory where 39 workers lost their lives. On
happening on such an event, the Court took a suo-moto action of the accident and appointed a
committee to investigate the matter & make suggestions such as for payment of compensation.
Judgments: - After happening of this incident the Court clarified that this issue needs to be
addressed on a national level and not only specifically to the Sivakasi alone to find a suitable
solution so as to get permanently get rid of the problem. The States were obliged to abolish the
child maltreatment under the articles 24, 39(e) and 9(f), 41 and 47, so as to ensure healthy
development of the child. With ratification of UN Convention on the Rights of the Child, under
article 32 the government of India is required to take legislative, administrative, social and
educational measures, ensuring protection of children and healthy development of them.
The Child Maltreatment (Prohibition and Regulation) Act, 1986 (the Act), are one of the
legislations provided for protecting of a child from exploitation. He intent behind such legislation
was to ensure that a healthy development of a child and thus the court directed that a penalty of
Rs 20,000 who would intend to contravene with the provisions, where the same amount would
be transferred to a Child Maltreatment Rehabilitation cum Welfare Fund (the Fund), which will
be further used for the concerned child.
Where we talk about the employment of an adult in place of a child, there the court stated that
such a uniform scheme would not be applicable in by the government in case of adults. And
where, the employment to such adults is not possible by the government, there a fund of Rs 5000
could be used to the concerned adult. The court issued certain guidelines in the same matter
which the government needs to follow: -
 • Hazardous industries need to be identified where the child maltreatment is practiced.
• A subsequent provision related to employment and where it is not possible, there a sum of
25,000 to be provided to the family every month, per child, where the same is to be
continued where the child isn’t provided with education.
• In a non-hazardous situation a child will only be working for 6 hours and a compulsory 2
hour education will be provided where the same will be borne by the employer of the
child.
Another case law which also led to another deep judgment on the problem of child Maltreatment
which is “Bandhua Mukti Morcha v. Union of India and Others”:-
Facts: - Carpet industries in Uttar Pradesh employed children, under the age of 14, where they
were “being treated as slaves” and were “subjected to physical torture.” This writ petition was
filed in the Supreme Court under Article 32 as a public interest matter. The Court immediately
commissioned a report to determine whether children under the age of 14 were employed in the
carpet industry. Subsequently the Court appointed a committee to report (the Report) on the
exploitation of children in the carpet industry.
The Report found that the children were being treated as slaves and were subjected to violence
and physical torture. Furthermore, the report found that approximately 42% of the carpet
industry’s workforce comprised of children below the age of 14, of which almost all were
between 6 and 11 year of age, and belonged to “scheduled casts and scheduled tribes.” The
matter before the court was whether the Government of Uttar Pradesh, by not preventing such
employment and by not improving the condition of children in general, violated Article 24 of the
Constitution which prohibits employment of children below the age of fourteen in factories,
mines or in any other hazardous activity.
Judgment: - The Court noted that due to poverty and child Maltreatment “children were being
subjected to deprivation of their meaningful right to life, leisure, food, shelter, medical aid and
education.” It further noted that this deprivation has an adverse effect on the efficacy of
democracy and rule of law.
With regard to India’s obligations under the Directive Principles of State Policy in the
Constitution, the Court, held that it was “incumbent upon the State to provide facilities and
opportunity as enjoined under Article 39(e) and (f) of the Constitution and to prevent exploitation
of their childhood due to indigence and vagary.” It held that compulsory education of children
was one of the principal means and primary duty of the State towards eliminating social tensions.
Recognizing that child Maltreatment could not be banned in one sweep, the Court held that
together with phasing out child Maltreatment , alternatives for the child should be evolved
including providing education, health care, nutrient food, shelter and other means of livelihood
with self-respect and dignity of person.”
The Court directed the Government of India to establish policies, in consultation with state
governments, to progressively stop employment of children under the age of 14. Referring to the
scheme laid down in M.C. Mehta v. State of Tamil Nadu & Ors ((1996) 6 SCC 756), the Court
stated that the policies should provide for:
• “Compulsory education to all children either by the industries itself or in co-ordination
with it by the State Government to the children employed in the factories, mine or any other
industry, organized or unorganized Maltreatment with such timings as is convenient to impart
compulsory education, facilities for secondary, vocational profession and higher education;
• Apart from education, periodical health check-up;
• Nutrient food etc.;
• Entrust the responsibilities for implementation of the principles.”
It directed other states to implement the welfare measures mentioned in the order as well.
Other cases to observe, where there was violation of child rights and was against the child
Maltreatment laws and statutes:-
Sheela Barse & Others v. Union of India
People’s Union for Democratic Rights v. Union of India
These case laws not only improved the judicial system of our country for the children but also
gave a platform and precedent for the future cases to be rendered. These cases and judgments
will set a new example and for the betterment of the society and the judicial system of our
country.

• CONSEQUENCES OF CHILD MALTREATMENT

Child Maltreatment has many consequences taking health, mental and social harms to a child.
There are psychological changes in the mindset of a child which lead to underdevelopment of a
child. Working at a young age has many adverse and direct consequences:
• Children are deprived of their right to education;
• Children are deprived of their right to play, leisure and healthy growth;
• children are deprived of their free mental, physical, psychological and spiritual growth
owing to hazardous nature of their work and over work that is not compatible with their
age;
• Children are deprived of their childhood itself;
• Child Maltreatment creates and perpetuates poverty;
• It condemns the child to a life of unskilled, badly paid work; and
Taking also the education background of the child, the child also gets underdeveloped in
education and thus decreases in the educated population of our population which leads to
illiteracy and poor and non-presence of the child in the social hub and the duties as a citizen
when a child grows up. Even after the rigorous government policies for the child below 14 years
like Right of children to free and compulsory education act, 2009. Most of
the child Maltreatment is either illiterate or partially literate. The parents
of child Maltreatment are also more often than not, illiterate. No study has ever found
a child Maltreatment coming from an educated family
• • CONCLUSION
• What should be done?
Unless there are socially conscious policies in the country, the policies won't make that much of
a difference. It is still true that things are not very good for children. Child rights need to be
actively respected rather than simply acknowledged, and we must admit that more than the
passage of laws and publicizing the same to stimulate the kind of debate in such a way that leads
to attitudinal change.
The problem of this disastrous problem of child Maltreatment can only be solved through
various strategies like Poverty Eradication Programs, Campaign for strict implementation of
Legislations, Budget Advocacy, Community Action towards Child Education, Engaging
Institutions of Governance. The need of the hour is that the Government should ensure all
measures and an enabling environment for survival, growth, development and protection of all
children, so that each child can realize his or her inherent potential and grow up to be a healthy
and productive citizen. This calls for collective commitment and action by all sectors and levels
of governments.