LAWS PERTAINING TO WOMEN ANS CHILD IN INDIA

Predicament of the women - Incessant Dilemma

Abstract

India is a country known for its rich culture and traditions. The world symbolized by the ‘Mother
Earth’, which worships the goddesses of goddesses, Laxmi, Saraswati and Durga, offers its
women ridicule, sexual abuse, rape, domestic violence and much more. Often, these actions are
perpetrated by men because of the long-standing gender inequality in the country.

Violence against women in India is actually more prevalent than it may initially appear, as many
expressions of violence are not considered criminal, nor may they be reported or unwritten due to
certain Indian cultural norms and beliefs. All of these factors contribute to India's Gender
Inequality Index of 0.524 in 2017, which puts it at 20% of the list of countries for that year. [1]

As recorded and observed, the increasing prevalence of violence against women in many fields is
due to the greater exposure to women in all walks of life. Who is to blame for this? How can we
solve this? India is stepping up its rise in crime, as there are many such laws that satisfy the
protection of women in society. But do you think the level of crime against women has dropped?
In my great 'NO' view, every day or every minute we hear or read cases of rape, domestic
violence and many more, directed at women in the country. As this article focuses on violence
against women and various other aspects of the legal system related to the protection of women
in the country and new ones should be introduced to protect the rights of women in the country.

INTRODUCTION

As the years go by, however, the status of women is important to change. Women were abused
even before childbirth which is in the stage of suspension in the form of infanticide. Abuse,
sexual assault, workplace abuse, domestic violence, gang rape, ridicule, cyberbullying, acid
attack, marital rape, bribery, and the murder of women are all things that women suffer and
suffer from.

Millions of women around the world, from all walks of life and backgrounds, are victims of
violence. It crosses cultural and religious lines, preventing women from fully participating in
society. Domestic violence, rape, child marriage, and female genital mutilation are just some of
the examples of violence against women. It is all a violation of basic human rights.

Violence against women is a global problem. Women of all races, ethnic groups, social classes,
and ethnic groups are affected. For individual women, it is a life-threatening condition, and it is a
costly problem for nations. Traditional values that violate women's rights are widespread. The
fact that many of these harmful physical and psychological traits are deeply rooted in cultural
and social norms contributes to the perpetuation of this problem.
According to the National Crime Records Bureau of India, reported incidents of crimes against
women increased by 6.4% in 2012, with crimes against women being reported every three
minutes. According to the National Crime Records Bureau, in 2011, more than 228,650 reported
crimes against women, and in 2015, more than 300,000 reported incidents, an increase of 44%.
Of the women living in India, 7.5% live in West Bengal where 12.7% of all reported crimes
against women occur. Andhra Pradesh is home to 7.3% of Indian women and accounts for 11.5%
of all reported cases against women.

65% of Indian men believe that women should tolerate violence in order to keep the family
together, and that women sometimes deserve to be beaten. In January 2011, the International
Men and Gender Equality Survey (IMAGES) Questionnaire reported that 24% of Indian men
have been sexually abused at some point in their lives.

Accurate statistics on the incidence of incidents that are very difficult to obtain, as a large
number of cases go unreported. This is largely due to the threat of ridicule or embarrassment on
the part of a potential journalist, as well as a great deal of pressure on him not to damage the
family's reputation. For the same reasons, law enforcement officials are strongly encouraged to
accept bribes from the defendant's family, or perhaps for fear of serious consequences, such as
the murder of Honor.

To combat violence and other forms of violence against women, Telangana Police have
established SHE Teams to focus on women's safety.

National Family Health Survey-4 (2015-16) (NFHS 4) suggests that 30% of Indian women in the
age group 15-49 have experienced physical abuse.

According to UN Women data, 243 million women and girls (aged 1549) worldwide are being
sexually or physically abused by their partners in 2019-20.

The Declaration on the Forms of Discrimination against Women is the first international human
rights treaty to address violence against women completely and clearly. It declares that this act
violates, degrades, or undermines women's rights and fundamental freedoms.

The Declaration defines sexual harassment as “- any act of sexual violence resulting in, physical,
sexual or psychological harm or suffering of women, including threats of such acts, coercion or
unlawful deprivation of liberty, whether or not. public or private life ”.

In the 21st century, overcrowding and the use of technology are increasing but at the same time
crime rates for women are skyrocketing. We often see crimes against women in society,
including crimes involving women in schools, colleges and the workplace, which are often
overlooked as minor but ongoing crimes. In the absence of legal knowledge, women continue to
ignore such crimes, and criminals are encouraged to repeat the crime if they are ignored by any
women. Women should be cautious when dealing with such crimes, and report such crimes to
the public so that they can be prosecuted. If such criminals are punished in public, various
heinous crimes against women can be prevented, reducing incidents such as rape that have
become a public nuisance.

For example, as many such cases of domestic violence are recorded during a time of violence,
when men stay home without work or jobs, people suffer psychological trauma from shutting
down their daily activities and this leads to abuse, humiliation, harassment, etc. with women and
girls in the family and this often extends indefinitely.

In one of the statements in which Jawaharlal Nehru stated that the social, economic and
psychological state of the country reflects the status of women in society.

"You can tell us the state of the nation by looking at the status of its women."

India is said to be a hotbed of violence and a high-risk social class Crime not only when it comes
to physical or sexual violence but also sexual violence against women. It can be domestic
violence, sexual assault, acid throwing, child marriage, rape, murder and much more. And the
common maker here is male only. The main reason for the increase in crime is the gender
inequality that exists in our patriarchal and orthodox society which still considers this gender to
be endangered and vulnerable.

In addition, As research shows because of the Prevention effect of some stricter laws. Many such
domestic crimes where the daughter, wife, and sister are increasing day by day and from here on out
the idea of 'Keep quiet' breeds.

According to a report by the National Crime Records Bureau (NCRB) in 2020, there have been 4 lakh
cases recorded by women and more than this unreported, making our country India one of the most
dangerous countries for women.

These are acts of violence against women, and covid-19 exacerbates the problem. was also reduced to
140 in the World Economic Forum's Global Gender Gap Report 2021.

Crime against women is a serious problem but it is usually set aside and tucked under a carpet. India is
said to be a hotbed of crime against women compared to other less-developed countries. This concept is
undeniably rational as evidenced by the statistics that the safety of women is unparalleled in India.

It is not only women and children in our country who are not immune to these atrocities. They are also
targeted for abuse, human trafficking, child labor, deprivation of free and compulsory education.
Children are also subject to sexual harassment by demons after wishing them well. Despite all these
legal developments, child marriage is happening far and wide, and it is a disgrace to us that all these
crimes are committed by those who are said to be educated in our society. From ancient times, children
have been victims of crime and have been victims of human rights abuses. They are always ‘victims’ of
the perpetrator because they do not understand the seriousness of the action taken against them.
Simply put, children are the preferred victims of perpetrators because of their innocence and lack of
maturity often directly related to the child's age.

In short, "the twig of the rose was crushed before it bloomed, the kite was torn to shreds, the budding
flower was crushed to ashes and the kite took its breath away." Every day, in our news and in the
newspapers, we saw many news headlines. We are constantly confronted with shocking incidents of
innocent children being abused, harassed, forced into employment or prostitution or getting married at
an early age. For example, ‘a 5-year-old girl is sexually abused by a 50-year-old’. ‘Mumbai police are
rescuing a 9-year-old girl who was made to work as a domestic worker’.

Children's rights in India: -

United Nations Convention on the Rights of the Child (UNCRC), the rights of children are defined as' the
minimum rights and freedoms to be granted to every citizen under the age of 18 regardless of race,
national origin, color, gender, language, religion, opinion, origin, wealth. , birth status, disability, or
other factors. 'These rights include the rights of children and their civil rights, family environment,
important health and social facilities, education, recreation and culture and special protection measures.
see.

There are several levels of rights guaranteed by the laws that govern our country and the instruments of
international law that we have ratified. Various rights are given to the Constitution of India especially
children. Moreover, like any adult Indian male or female, children also, as equal citizens of India, have
several other equal rights. These rights apply to everyone regardless of limitations. The basic rights of
children in India include:

• The right to equality (Article 14),

• The right to be discriminated against (Section 15),

• The right to freedom of speech [Section 19 (1) (a)],

• Right to life (Article 21),

• The right to health (Article 21),

• Right to Education (Section 21 A), et c.

Laws pertaining to the protection of women and children:

Before discussing the laws on the protection of women and children we will discuss the
classification of crime that is rampant in society.

Classification of the crime against women:

 VIOLENCE IN THE COMMUNITY

RAPE

SEXUAL ASSAULT WITHIN MARRIAGE

DOMESTIC VIOLENCE IN SEXUAL HARASSMENT
PERSONAL
VIOLENCE AGAINST WOMEN MIGRANT
DOWRY RELATED VIOLENCE WORKERS
EARLY MARRIAGE FEMALE GENITAL MUTILATION
PROSTITUTION PORNOGRAPHY CUSTODIAL TORTURE
WOMEN TRAFFICKING VIOLENCE AGAINST WOMEN IN
SITUATIONS OF ARMED CONFLICT

VIOLENCE AGAINST REFUGEE AND

DISPLACED WOMEN
Serious Offenses and Penalties imposed
under the Indian Penal Code (IPC):

(1) Section 376- Rape

(2) Sec.363-373 - Kidnapping and kidnapping for various purposes

(3) Episode. 302, 304-B - Killing due to downy, dowry deaths or their efforts

(4) Section 498-A - Psychological and physical abuse of women or especially the bride or groom

(5) Episode. 366-B - Admission of girls up to 21 years of age

(6) Isik. 354 - Abuse and

(7) Sec.509 - Sexual harassment

Major offenses identified under Special Laws:

Although all laws are not gender biased, legal provisions affecting women significantly have
been reviewed from time to time and amendments have been made to meet the emerging needs.
The rules for women with which crime statistics are recorded across the country are as follows:

1) Sati (Prevention) Act 1987

2) Dowry (Prohibition) Act 1961

3) Imoral Traffic (Prevention) Act 1958,

4) Women Representation (Prevention) Act of 1906

5) Pre-Conception, Pre-Natal Diagnostic TestAct, 1994

6) Protection of Women in the Domestic Violence Act, 2005

(7) The Sexual Harassment Act in the Workplace (Prevention, Prevention and Correction), 2013.

Chasing women under the Indian Penal Code, having sex with them and forcing them to have
sex, being naked in front of them, sending them pornographic material such as pornography and
pornography, giving them sex books to read, or sending pornography. all illegal activities under
the Indian Penal Code.

The state prosecutes these cases itself if they fall under the category of notable crimes and the
police file a FIR under section 154 of the CrPC. Charges against women are considered minor
offenses. Those cases are mentioned, of course. These charges seem trivial, but the Indian Penal
Code does not take them lightly, and could result in a sentence of up to seven years in prison and
a long and tedious charge.

Judicial Activism

• Lalitha Kumari's case.

• Bhola Kumari, the father of Lalitha Kumari, has filed an application with the habeas corpus in
the Supreme Court. He said although he had sent a written report to the police in charge of the
station in question, nothing had been done. After the matter reached the superintendent of police,
the FIR was filed. Here the high court said that If the information he received proves a serious
case, action should be taken against the devious officers who fail to register the Fire.

 State of Punjab v. Major Singh (AIR 1967 SC 63)- The truth of the case is that the
defendant entered the room, turned off the lights, stripped naked and committed an act of
unnatural lust by inserting a finger into the vagina of a 7.5-month-old girl.
 Here, it was argued that this would not appeal to Section 354 of the IPC because a 7.5-
month-old girl could not have sexual feelings and therefore did not have the modesty to
lie under resentment. modesty.
  The trial court and the Supreme Court agreed on the dispute. But the Supreme Court
rejected the idea and stated that it was not wrong to say that modesty is based on her
gender but that modesty is in every woman from birth. And here a woman's reaction to an
act is very important to be a crime but the absence of such an act does not mean that we
will not apply Section 354. Section 354 will apply to this as it will apply to an OLD
sleeping woman. who did not know me angrily about his modesty.

 Vishakha V. State of Rajasthan1-- This criminal law was also introduced as a

prelude to 354A amended in 2013, before the law governing sexual harassment in
the workplace became the Vishakha Guidelines provided for in this case -
 Sexual harassment is defined as any unacceptable sexual behavior (direct, indirect
or indirectly) such as physical contact and request for help, solicitation or
requesting sexual consent, sexually explicit comments by women, unwanted
pornography and includes other physically unacceptable, verbal or. the speechless
behavior of the sexual nature.
 In 2013, in view of the growing seriousness of these cases, parliament passed a law
‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013’ ’.

Nirbhaya Case/2012 Delhi Gang Rape Case2 – Also known as the Nirbhaya Act, the Anti-
Rape Act, this incident resulted in the Criminal Law Ordinance (Amended), 2013.

Increased rape penalties (not the death penalty)

It also tends to increase penalties for other sexual offenses such as Voyeurism, acid attacks
etc.

Strong provisions to register complaints of rape cases

It should be a proposal for a Women's Rights Bill that gives women dignity and respect for
their choice of sexual orientation and sexual autonomy.

• Kathua Rape Case 20183

The case sparked the Criminal Law (Amendment) Ordinance, 2018. The aim was to
inflict severe punishment on rapists, especially those who raped girls under 16 and 12
years old. Continued
The minimum penalty for rape has been increased from 10 years. Punishment for rape by
a group of girls under the age of 16 should provide a sentence of life imprisonment.

1
(AIR 1997 SC 3011)
2
Mukesh &ors v. State (NCT of Delhi) [(2017) 6 SCC 1]
3
Mohd. Akhtar vs The State Of Jammu And Kashmir on 7 May, 2018
WP(Crl.) 85/2018
 And again Rape of a girl under 12 has a minimum sentence of 20 years up to the death
penalty. In addition, the Terms relating to the immediate investigation and trial (CrPC)
and Inquiry are 2 months. The court also ruled that the dismissal of the appeal was within
6 months and that no such bailout was expected of a man accused of raping or raping a
girl under the age of 16. children from sexual offenses (2012), then maximum
punishment will be imposed.

• Sakshi v. Union of India4-:

The case was filed by an independent organization called ‘Sakshi urged the court to include all
forms of forced entry and not just penile / vagal entry under the definition of rape. Here it is

The court did not change the definition but said it was a sensitive issue and parliament should
address the issue, with parliament expanding the definition.

Pramod Singh v State of Jammu and Kashmir, - In a case in which the accused is accused of
raping a 9-year-old girl named Rita Kumari, but was found with medical evidence and other
evidence that the girl's virginity was not violated. and he was not There were no signs of injury
or damage to his body and genitals. It was considered a crime to offend a woman's dignity, not as
a rape

Classification of crime against children:

Now that we know the basic rights of the child, let's learn about the types of child violations that
violate children's rights. Here are many other cases against children that violate children's rights:

• Child marriage

• Child labor

• Child employment request

• Child labor abuse

• Cruelty

• Intoxication of the child

• Using a child to give or smuggle drugs

4
Writ Petition (crl.) 33 of 1997
• Child abduction and abduction

• Children of soldiers

Historically we have seen maritime changes in laws, policies and respect for human rights and
the rights of children. We have moved away from the doctrines of common law, unfortunately
favoring the powerful, and moved on to a rights-based path. Any welfare that occurs in
vulnerable communities, including its children, depends on the major stages of generosity and
community compassion. The Constitution of India, which came into force on 26 January 1950,
guarantees the rights of children. Article 21-A guarantees the right to free and compulsory
primary education for all children in the age group of 6-14 years. Section 24 (a) protects the right
to protection from any dangerous activity for up to 14 years. Some children have the same rights
as all other citizens of India. Few of them have the right to equality (Article 14), the right to
personal liberty and the rule of law (Article 21), the right to protection from trafficking and
coercion in detention (Article 23) etc. Child protection laws in India are framed in accordance
with the constitutional provisions for the protection of the rights of children. More than 250 laws
in India, passed by the Union and the Provincial Government, deal with children. In addition to
these child protection laws, we have a number of criminal laws that protect children. These
principles include the Indian Penal Code, 1860, Indian Evidence Act, 1872 and the Criminal
Procedure Code, 1973.

List of child protection laws

Some of the laws enacted by the Union Government include the following:

Children's Commitment Act, 1933

This Act prohibits the making of child labor.

Immoral Traffic (Prevention) Act, 1987

The Act aims to stop the trafficking of young people, boys and girls

Child Labor (Prohibition and Control) Act of 1986

The Act prohibits the participation of children in certain types of employment and regulates the working
conditions of children in other occupations.

Child Marriage Prevention Act, 2006

The Act follows the basic principles of (a) child marriage offenses, and (b) a child or minor child to a
person under the age of 18 years for girls and 21 years for boys.

Children's Right to Free and Compulsory Education Act, 2009

The right to education was the only provision in the Directive Principles of State Policy which had a ten-
year period in which the State had to fulfill its mandate to provide free and compulsory education. We
now have the right to education under fundamental rights, making it an appropriate right under Article
21a. The Right to Education Act, 2009, also known as the RTE Act, defines the importance of free and
compulsory education for children between the ages of 6-14 in India.

Child Protection Act on Sexual Offenses, 2012

The Child Protection Act on Sexual Offenses (POCSO) was introduced to deal with child sexual abuse and
sexual exploitation. The law states that a child is any person under the age of 18 years. The law defines
different types of sexual harassment. The law makes provision to create an environment conducive to
children at all stages of the adjudication process and to avoid retaliation. The law gives important
importance to the benefits of the child. It therefore includes child-friendly methods of reporting,
recording of evidence, investigating speedy trials and camera trials without disclosing the child's identity
through special established courts. The Child Justice Act (Child Care and Protection), 2015: The Child
Justice Act (Child Care and Protection) came into effect on 15 January 2016. It aims to ensure the proper
care, development, and rehabilitation of children in crisis. The law divides the word “child” into two
categories: ‘child in violation of the law’, and ‘child in need of care and protection’. The Act contains
provisions to protect children from any form of punishment. The law against child abuse is one of those
laws under this system.

Penalties under the Juvenile Justice Act

Chapter IX of the Child Justice Act, 2015 also authorizes provisions relating to special cases in respect of
children. To be clear, Sections 74 to 89 of the Act deal with the punishment of crimes committed against
children. They have the following heads:

1. Provision for Disclosure of Child Identity (Section 74).

2. Cruel punishment of children (Section 75).

3. Employment of a child to ask for help (Section 76).

4. Punishment for giving a child alcohol (Section 77).

5. Using a child to handle and smuggle drugs (Section 78).

6. Child labor exploitation (Section 79).

7. Punishment measures for adoption without following proper procedure (Section 80).

8. The sale and purchase of a child for any purpose (Section 81).

9. Corporal punishment (Section 82).

10. Child labor by opposition groups (Section 83).

11. Child abduction and kidnapping (Section 84).

12. Offenses committed against children with physical disabilities (Section 85).

13. Separation of cases and designated court (Section 86).

14. Betting (Section 87).

15. Other Punishment (Section 88).

16. Offenses committed against a child under this chapter (Section 89).

Penalties under other regulations

Indian Payment Code

There are a number of provisions under the Indian Penal Code, 1860 criminal and child rights violations,
some of which are as follows:

• Murder

Section 300 (murder without charge of culpable homicide), Section 301 (culpable homicide for causing
the death of a non-intended victim), Section 302 (death penalty) and Section 303 (sentence of life
imprisonment - convicted) IPC discusses murder. Everything from murder to the death penalty is
discussed in these Sections. These provisions also apply to offenders who kill / kill a child or a child, and.

• Reducing suicide

Section 305 (reduction of child suicide or insanity) and Section 306 (suicide reduction) in the IPC is for
the withdrawal of suicide under the age of 18, any person who is insane or dizzy, or stupid. or a drunk
person and appropriate penalties for that.

• Cases causing miscarriage, infant exposure, etc.

Section 312 (voluntarily causes a woman with a miscarriage), Section 313 (unauthorized abortion) and
Section 314 (resulting in the death of a woman with a miscarriage) discusses cases related to abortion.

As such, Section 315 (the mala fide act for the purpose of preventing a child from being born or which
may result in its death) and Section 316 (which causes premature infant death) deals with birth defects
in the unborn.

In addition, Section 317 deals with the exposure and abandonment of a child under the age of 12 by
parents or guardians. Article 318 deals with the deliberate concealment of a child's birth by private
burial or disposal.

• Kidnapping, kidnapping, enslavement and forced labor

Sections 359 to Section 374 of the IPC include abduction, kidnapping, slavery, child trafficking and forced
labor.

Section 359 states that kidnapping is of two types:

1. Kidnapping in India (Sections 359-360 & 363),

2. Kidnapping in official custody (Sections 361-363).

Section 360 deals with kidnappings from India and Section 361 deals with kidnapping in official custody.
As Article 362 deals with kidnapping (deportation), Section 363 deals with the punishment of
kidnapping, Section 363 A deals with kidnapping or mutilating a child with intent to request, Section 364
deals with kidnapping or kidnapping for murder, Section 366 deals with kidnapping or kidnapping a
woman for forced marriage or sexual intercourse, Section 367 deals with the kidnapping or research of a
person's books to expose a person. serious injury, enslavement, etc., Section 368 deals with the
consequences of concealment or illegal detention, a person abducted or abducted, Section 369 deals
with the abduction or abduction of a child under the age of 10 with the intention of illegally obtaining
any property from him. its person (child), Section 370 deals with the importation, export, purchase, sale
or expulsion of any person as a slave, Section 3 71 includes the penalty for the practice of dealing with
slaves. In addition, Section 372 deals with the sale of any minor for child labor, etc., Section 373 deals
with the purchase of a child for prostitution, etc., and finally, Article 374 states that any person who
compels another person to work illegally. punished.

• Rape

Section 375 of the IPC deals with involuntary rape, with or without consent when under the age of
sixteen years, etc.

It should be noted that after the 2013 amendment, sexual intercourse or sexual acts committed by a
man with his wife, a woman under the age of fifteen, does not rape.

Child Protection in Sexual Offenses (POCSO)

The government of India established (POCSO) in 2012 to protect children from crimes such as sexual
assault, sexual assault, sexual harassment and pornography. This action imposes strict criminal fines.
The maximum penalty under this Act is imprisonment and a fine.

The charges against the POCSO Act are:

• Oral sexual abuse

It is the act of inserting a person's private part, an object or any part of the body into a child's vagina,
urinary tract, anus or mouth; or to incite or cause a child to do so with them or anyone else. The penalty
for such acts is provided under Section 4 of the Act.

• Sexual harassment

Section 7 of the POCSO Act defines sexual harassment as the act of touching a woman's genitals, penis,
anus or breasts with the intention of having sex or causing a child to touch the above-mentioned body
parts of that person or person or to perform any act involving physical contact. without entry. Section 8
of the Act states that committing such crimes will result in a sentence of imprisonment for a period not
less than 3 years, which is extended to 5 years and a fine.

• Intense or intense sexual assault

Section 9 of the Act includes serious sexual harassment by a police officer, a member of the armed
forces or a security guard, a civil servant or a prison officer, etc. Section 10 of the Act says that anyone
who commits such an act will be punished. for imprisonment for a period not less than 5 years, which
may be extended to 7 years, and he must pay a fine.

• Sexual harassment

Section 11 of the Act states that any person who transmits any sexually explicit material, or who moves
a body or part of the body or causes a child to do so and any other sexual activity shall be construed as
sexual harassment. The penalty for such activity referred to in Article 12 is imprisonment for a period of
3 years and a fine.

• Child pornography

Section 13 of the Act states that any person who engages in the sexual gratification of a child or engages
in the sexual intercourse of a child or who uses a child to perform actual or provocative acts (with or
without entry) or on behalf of a child. obscene or obscene in any form of media (published, television
commercials, etc.) you are accused of using a child for sexual purposes. A penalty similar to Section 14 of
the Act is imprisonment for a period not less than 5 or 7 years (depending on the incident) and a fine.

Note: In 2019, Parliament passed the POCSO Bill, 2019. The bill aimed to improve the criminal provision
of child sexual offenses by imposing the death penalty on the provision of the law.

Information Technology Act, 2000

The Information Act (IT), 2000 contains sufficient provisions to combat existing cybercrime. In particular,
Section 67B of the Act specifically provides for severe penalties for publishing, browsing or transmitting
child pornography on a computer.

In addition, Section 79 of the IT Act and the Information Technology Regulations (Central Guidelines) of
2000 requires that intermediaries must be vigilant in performing their duties and will inform computer
service users to act responsibly.

A landmark decision on children's rights

Children by definition cannot apply to the court themselves, they must rely on the role of the state
paternal patria. The needs of the children were answered by the court in a case of public interest, in
cases where certain improvements were important such as facilities, prisons, illegal detention,
treatment of children with intellectual disabilities and children with disabilities, child labor, child
marriage, adoption, children. justice, prevention of trafficking in young girls, child welfare of prostitutes,
ban on school beatings and sexual discrimination. There has been a court ruling in almost every case
involving a child. The court saw through the lens the news that all the decisions taken had been made
and made for children across the country.

M.C Mehta v. State of Tamil Nadu

The ruling states the direction of prohibition against the use of children in dangerous situations;
the applicant was concerned about the high level of child labor in hazardous conditions at the
Matais Match factories in Kamaraj in the Tamil Nadu region. The decision reflected the views of
the constitution and was also linked to child labor and poverty, and the resolution stated that
there had never been a decent end to child labor by the state.

Sanjay Suri v. Delhi administration

The court issued orders for the transfer of certain convicted officers and imposed rules for the
protection of children in prison. The juvenile delinquency was the subject of Sanjay Suri's
request. Many children were imprisoned without the prohibition of the Children's Act. Juvenile
was kept together with adults and other adults where they were abused and made to do
unpleasant jobs.

Gaurav Jain v. Union of India

The Supreme Court ruled that the separation of the children of prostitutes would not be of
interest to them. The Supreme Court held that children of prostitutes have the right to equal
opportunities, dignity, care and protection and to be rehabilitated so that they can be part of a
social life without prejudice.

Vishal Jeet v. Union of India

Several guidelines were issued to end child sexual abuse. The court has ordered the government
to establish child rehabilitation homes for street children and young girls who are being pushed
into the 'meat trade' in secure housing.

Sheela Barse v. the Secretary Children’s Aid Society & Ors

A petition was filed in the public interest regarding the malpractice of the child care center in
Mumbai, the Supreme Court ruled that no child should be detained and that a central law should
be enacted to bring about uniformity in the child justice system.

Kishan Pattnayak v. State of Orissa

Poor people are forced to sell their children to buy food. The Orissa government was forced to
take a number of social measures. The petitioner has written a letter to the Supreme Court of
India bringing to court the extreme poverty of Kalahandi in Orissa in which hundreds of people
died of starvation as a result of being forced to sell their children. The case has taken a toll on
food shortages and poverty. In this decision, the Supreme Court took important steps in
implementing irrigation projects to alleviate the drought and specific steps were taken to ensure
fair sales prices.

Sarita Sharma v, Sushil Sharma

The court held that in the case of child custody, the welfare of children should be seriously
considered.

Unnikrishnan J.P &Ors v. State of Andhra Pradesh

The court held that the right to education is directly related to the right to life. The judgment
continues
The case upheld the right to education which was emphasized in the Right to Life. In 2002, the
amendment to Constitution 86 included the right to education within the right to life.
Action policies and programs aimed at protecting the rights of children
Child protection policies are committed to protecting rights. So, apps are made to work to
provide a good environment for a child to grow. Many policies, program planners, efforts and
programs have been made in India. These are some of the key policy and program documents.

 National Policy for Children 1974

Children are declared the nation’s ‘most valuable asset’ in the 1974 National Children’s Policy.
The Indian government has committed its commitment to protecting the rights of its children by
adopting international treaties and conventions. The policy recognized that children should be an
integral part of national staff development programs, so that children grow up to be resilient,
physically and mentally healthy citizens.

National Policy for children 2013

The April 2013 policy protects children 's equality and ownership. Children must be protected
and provided with a safe environment in which to grow up. The goal also believes that the family
environment is conducive to the overall development of the child.

National Plan for SAARC Decade of Girl child 1991-2001

In 1992 the Government of India introduced the need for the protection of the baby girl. The
government created a separate National Girl Child Program for the period 1991-2000. The plan
has identified three main objectives.

• Survival and protection of the baby girl and safe motherhood.

• Complete protection of the baby girl.

• Special provision for vulnerable girls in need of care and protection.

Similarly, there are many policies and programs aimed at the health of children

• National Education Policy 20193

• National Child Labor Policy3

• National Action Plan for Children 20163

• National People's Policy 20003

• National Health Policy of 20013

These policies aim to eradicate social ills. It guarantees the child's right to education, which
must be free and compulsory, as provided for in the Indian constitution. These policies also
monitor and implement health-related goals, regulate children's working hours and prevent
their employment in high-risk situations.3

National Commission for the Protection of the Rights of the Child

The Department has enacted the Child Protection Act (CPCR), 2005 which extends throughout
India except the Jammu and Kashmir states where the National Commission on the Rights of
the Child is mandated to work for the protection and development of children. rights.

The Commission investigates the complaint and issues a notice regarding matters relating to-

1. Deprivation and violation of children's rights.

2. non-compliance with laws that provide for the protection and development of children;

3. Non-compliance with policy decisions, guidelines or directives aimed at alleviating hardship

and ensuring the well-being of children and providing relief to such children.

Suggestions:
This is a shocking trend to control crime against women in society. Here are some important
suggestions to consider:

1. The government must make strict and confidential laws so that perpetrators will not remain
unpunished.

2. There should be a death sentence on the accused for serious offenses such as rape, acid attack,
etc.
3. There must be laws against gender-based violence against women, timely awareness
campaigns, and impartial judicial decisions.

4. Government actions are not enough to protect women, this is an individual and community
concern to protect all mothers, wives, and daughters of the country. People need to change their
mind and give their girls a good education, vocational training, and transportation counseling,
etc.

5. Political leaders and academics should make sensible statements, rather than specifying the
dress and culture of girls.

6. Women's safety should be given priority 24/7 in big cities and remote areas. 7. There should
be a strong amendment to any young person involved in such heinous crimes, as they completely
destroy the victim's life and anything that affects a person's life should be a serious offense and
equally punishable by age or gender.

8. Nationwide, the necessary legal aid department should be established for any women who
have been sexually abused and are afraid to speak up. Various government departments and
NGOs should launch a nationwide awareness campaign to educate people and encourage them to
speak out when they are abused.

CONCLUSION

Despite having various preventive measures and laws in India, Violence against women
continues to be rampant. According to NCRB data and current analysis showing that it has
grown significantly, especially over the past decade.

Women have been enslaved and enslaved in countries that do not respect them and treat them as
an object or objects.

Despite all these components of the legal framework, there are still shortcomings, challenges that
still need to be addressed in the present and in the future. There are many cases where justice is
denied to children, Social ills such as child marriage and child abuse are still practiced in society.
The cause of child labor is nothing but poverty; there are many instances where categories in the
IPC have turned out to be in vain. There are cases where a child is abducted, killed,
psychologically or sexually abused. crime in the community. The level of crime in the
community is still high in the community. The law should strengthen its authority and all
punishments should instill fear in the minds of the people. In India, we follow a reformative
theory aimed at criminal reform. As all these reform efforts did not help but it turned out to be a
threat. Deterrent theory is that the theory of punishment prevents criminals from committing
crimes and instills fear in them to act within the limits of the law. This idea of punishment should
be followed in India. There are cases where a court ruling has stirred up a crowd that completely
denies justice to the victims.
It was in a recent ruling by the Palatka High Court (POCSO Special Court) that acquitted three
men, accused of rape, sexual assault and suicide prevention, of the brothers in Waylayer,
Palakkad. The judge ruled that the three women were not reliable witnesses. The judge
concluded that the witnesses had been falsely accused in order to prove their guilt. The judge
also said that the police only have an account of the suspects, but they have no evidence to link
them to the case. According to an autopsy report, the sisters were found to have been raped, but
at the end of the day the court ruled in favor of the mob, claiming that the prosecutor had no
scientific evidence. They have had a huge impact on the defendants and therefore the police and
prosecutors have been left out of the case.

Apart from the laws I have already mentioned this is the current state of the legal framework in
our country,

Reference -:
1.https://www.researchgate.net/publication/
269687003_crimes_against_womens_and_societal_ills_an_overview.

2.https://ncrb.gov.in/sites/default/files/crime_in_india_table_additional_table_chapter_reports/
Chapter%205-15.11.16_2015.pdf

3.https://ncrb.gov.in/sites/default/files/Crime%20in%20India%202018%20-%20Volume%201.p