Kalinga University

Faculty of Law

Course: LLB 3RD SEM

Subject: Women & Child
Subject Code- LLB3.7

Unit 4

LAW RELATING TO CRIME AGAINST WOMEN AND

CHILD

1. Write a note on Rights of Women in India.

Ans. In order to rectify the unequal position of
women and to give a meaning and content for their
right many laws were enacted, some before the
adoption of the constitution and movers thereafter.
Based on their nature they can be broadly
categorized as constitutional law. Labour laws,
criminal laws, family law and civil laws.

2) Constitutional Provisions :

In the Preamble of the Indian Constitution, dignity

of the individual irrespective of their sex, community
or place of birth has been assured. Gender justice is
the main theme involved in the constitution which
contains negative as well as positive provisions
going a long way in the securing gender justice.

Article 14 of the Indian Constitution says

that the State shall not deny to any person equality
before the law or the equal protection of the laws
within the territory of India. Simply it programs
equality of all persons.
Article 15 (1) of the Indian Constitution
says that state shall not discriminate against any
Citizen on the ground only of religion, Race, Caste,
Sex, Place of Birth or any of them. Clause 3 of the
article 15 provides that nothing in this Article shall
prevent the state from making any special provision
for women and children

3) Constitutional Provisions Relating to

Reservation of Women in Employment and
Election

Article 16 of the Indian Constitution (Equality

of opportunity in matters of public employment) Says
that there shall be equality of opportunity for all
citizens in matters relating to employment or
appointment to any office under the State. Article 16
Clause (2) of the Constitution says that no citizen
shall, on grounds only of religion,
race, caste, sex, descent, place of birth, residence or any of them,
be ineligible for, or
discriminated against in respect of, any employment or office
under the State.

Article 16(1) and Article 16(2) prohibits

discrimination in general and also discrimination
because of sex in offices and those employed under
the State

Article 16 (3) says that nothing in this article shall

prevent Parliament from making any law prescribing,
in regard to a class or classes of employment or
appointment to an office under the Government of,
or any local or other authority within, a State or
Union territory, any requirement as to residence
within that State or Union territory prior to such
employment or appointment.

Article 16(4) Nothing in this article shall prevent the

State from making any provision for the reservation
of appointments or posts in favor of any backward
class of citizens which, in the opinion of the State, is
not adequately represented in the services under the
State.

The 73rd and 74th amendments of the

constitution which were effected in 1992, provides
for the reservation of seats for women in election in
the panchayats and municipalities. This is the first
attempt of the Parliament to provide reservation of
Women in legislature in the near future. Article 243D
of the Constitution, not less than one-third of the
total number of seats to be filled in the direct election
in every Panchayat shall be reserved for women.

4) Constitutional Rights of Women

Article 23 of the Indian Constitution provides against

exploitation of women under the heading -

Prohibition of traffic in human beings and

forced labour that (1) Traffic in human beings and
begar and other similar forms of forced labour are
prohibited and any contravention of this provision
shall be an offence punishable in accordance with
law. (2) Nothing in this article shall prevent the State
from imposing compulsory service for public
purposes, and in imposing such service the State shall
not make any discrimination on grounds only of
religion, race, caste or class or any of them.

Directive Principles of State Policy Regarding Women -

Article 39 of the Indian Constitution Provides

for certain principles of State policy to be followed
by the State, in which it is mandated that the State
shall, in particular, direct its policy towards securing-

(a) that the citizens, men and women

equally, have the right to an adequate means of
livelihood; (b)....(c)....(d) that there is equal pay for
equal work for both men
and women; (e) that the health and strength of
workers, men and women, and the tender age of
children are not abused and that citizens are not
forced by economic necessity to enter avocations
unsuited to their age or strength;(f)....

Article 42 of The Indian Constitution, the State shall

make provision for securing just and humane
conditions of work and for maternity relief.

5) Protection of Women's Human Rights under the Criminal

Law of India
 Women have a right to protect their person or
body from being violated by Men. in most
circumstances unable to secure their person and honor
and need to keen and immediate relief from the court
in such matters.
In the Indian Penal Code, there are certain
offenses against women which have been well dealt
with the provisions of the Code. Section 493 to
Section 498 of the Indian Penal Code deals with the
Offences relating to Marriage

6) Dowry Prohibition :

Section 2 of The Dowry Prohibition Act 1961,

defines 'dowry' - Dowry means any property or
valuable security given or agreed to be given either
directly or indirectly.
(a) By one party to a marriage to the other
party to the marriage or (b) By the parent of either
party to a marriage or by any other person to either
party to the marriage or to any other person, at or
before or any time after the marriage, in connection
with the marriage of the said parties, but does not
include dower or mahr in the case of persons to
whom the Muslim Personal Law (Shariat) applies.
The expression “valuable security” has the
same meaning as in section 30 of the Indian Penal
Code (45 of 1860).

Section 3 of The Dowry Prohibition Act 1961,

provides for penalty for giving or taking dowry, It
says that If any person, after the commencement of
this Act, gives or takes or abets the giving or taking
of dowry, he shall be punishable 2 with
imprisonment for a term which shall not be less than
3 five years, and with fine which shall not be less
than fifteen thousand rupees or the amount of the
value of such dowry, whichever is more.

Section 4 of The Dowry Prohibition Act 1961

provides for Penalty for demanding dowry- If any
person demands, directly or indirectly, from the
parents or other relatives or guardian of a bride or
bridegroom, as the case may be, any dowry, he shall
be punishable with imprisonment for a term which
shall not be less than six months, but which may
extend to two years and with fine which may
extend to ten thousand rupees.
Section 5 makes Any agreement for the giving

or taking of dowry shall be void. 6) The

Immoral Traffic (Prevention) Act

The Immoral Traffic (Prevention) Act,1956 this Act

was enacted to provide in pursuance of the
international convention signed at New York in 1995
for the prevention of Immoral traffic.

7) Commission of Sati Prevention Act

Sati Prevention Act 1987, This Act has been

enacted to provide for the more effective prevention
of commission of Sati and its glorification and for
matters is connected therewith or incidental thereto.

Under Section 3 of the Sati prevention act 1987

attempt to commit Sati is made punishable with
imprisonment extending to 1 year or with fine or with
both.

Under Section 4 of the Said Act, abetment of

commission of Satis is punishable with death or
imprisonment for life and also to find.

Section 5 of Sati Prevention Act, provides for

punishment for glorification of Sati with
imprisonment for not less than 1 year extending up to
7 years and with fine, not less than 500 rupees but
extending up to 30000 rupees.

8) Human Rights of Women Protected under the Civil Laws

of India

The human right to marry and found a family has

been protected under the personal and special
marriage laws of India these are the Hindu Marriage
Act 1955, Special Marriage Act 1954, the family
Courts Act 1954, the Dissolution of Muslim
Marriage Act 1939, the Christian Marriage Act 1972.
Provisions relating to maintenance of married
women are provided in the Hindu Marriage Act
1955, in case of restitution of conjugal rights, judicial
separation and divorce petition. A Hindu married
women or unmarried women may take a child male
or female in adoption under the Hindu adoption and
maintenance act 1956. There many other provisions
to protect human rights of women within the territory
of India.

9) Women's Human Rights under Labour Laws of India

Human Rights against exploitation, right for

Maternity Benefit facilities in factories for women
workers, equal pay for equal work with men are
provided in various labour laws of India
10) Maternity Benefits

Under the Maternity Benefit Act 1961, certain

Maternity benefits are given to women

Section 4 of Maternity Benefit Act,1961

employment of or work by women prohibited during
certain periods, that is -

(1) No employer shall knowingly employ a

woman in any establishment during the six weeks
immediately following the day of her delivery,
miscarriage or medical termination of pregnancy
(2) No woman shall work in any
establishment during the six weeks immediately
following the day of her delivery miscarriage or
medical termination of pregnancy
(3) Without prejudice to the provisions of
section 6, no pregnant woman shall, on a request
being made by her in this behalf, be required by her
employer to do during the period specified in sub-
section
(4) any work which is of an arduous nature
or which involves long hours of standing, or which
in any way is likely to interfere with her pregnancy or
the normal development of the fetus, or is likely to
cause her miscarriage or otherwise to adversely
affect her health.

(4) The period referred to in sub-section (3) shall be-

(a) the period of one month
immediately preceding the period of six weeks,
before the date of her expected delivery;
(b) any period during the said
period of six weeks for which the pregnant woman
does not avail of leave of absence under section 6.

Section 5 of Maternity Benefit Act,1961 provides

for the right to payment for maternity benefit -

Section 5 of the said Act says that every

woman shall be entitled to, and her employer shall be
liable for, the payment of maternity benefit at the rate
of the average daily wage for the period of her actual
absence, that is to say, the period immediately
preceding the day of her delivery, the actual day of
her delivery and any period immediately following
such day.

For the purpose of this sub-section, the average daily

wage means the average of the woman's wages
payable to her for the days on which she has worked
during the period of three calendar months
immediately preceding the date from which she
absents herself on account of maternity, the minimum
rate of wage fixed or revised under the Minimum
Wages Act, 1948 (11 of 1948) or ten rupees,
whichever is the highest.
(2) No woman shall be entitled to maternity benefit
unless she has actually worked in an establishment of
the employer from whom she claims maternity
benefit, for a period of not less than eighty days in
the twelve months immediately preceding the date of
her expected delivery.

2. Write a note on Dowry Death.

Ans. 1) Introduction

In 1986 a new offence known as dowry

death was inserted in the Indian Penal ode by the
Virtue of Section 304-B. The provisions Under
Section 304B of Indian Penal Code are more
stringent than provided under Section 498A of Indian
Penal code. The offence under Section 304-B is
cognizable, non-bailable, non-compoundable and
triable by Court of Session.

2) Dowry Death (Section 304-B)

 (1) Where the death of a woman is caused by
any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her
marriage and it is shown that soon before her death
she was subjected to cruelty or harassment by her
husband or any relative of her husband for, or in
connection with, any demand for dowry, such death
shall be called "dowry death", and such husband or
relative shall be deemed to have caused her death.

Explanation -

For the purposes of this sub-section,

"dowry" shall have the same meaning as in section 2
of the Dowry Prohibition Act,1961 (28 of 1961).

3) Ingredients

Essential Ingredients of Dowry Death are as follows :

(i) Death of woman should be caused by burns or

bodily injured or otherwise than under normal
circumstances.

(ii) Death should have occurred within Seven years of her

marriage

(iii) The woman must have been subjected to cruelty

or harassment by her husband or relatives of her
husband
(iv) Such Cruelty or harassment should be for or in
connection with the demand for dowry.

(v) Such cruelty or harassment should have been subjected soon

before her death

If death of woman caused under the above

circumstances , the husband and husband's relatives
will be presumed to have caused a'dowry death'and be
liable for the offence, unless it is proved otherwise.

4) Punishment

Under Section 304-B (2) of Indian Penal

Code Whoever commits dowry death shall be
punished with imprisonment for a term which shall
not be less than seven years but which may extend to
imprisonment for life.

5) Procedure

The offence under Section 304-B is

cognizable, non-bailable, non-compoundable and
triable by Court of Session.

6) Relevant Case Law

a) Hans Raj Vs State of Punjab

In this case Supreme Court held that the term

normal circumstances apparently means not the
natural death.

b) Rameshwar Das Vs. State of Punjab (2008 Cri. L. J. 14000

SC)

In this Supreme Court held that, Pregnant

woman would not commit suicide unless relationship
with her husband comes to such a pass that she would
be compelled to to so. Accused liable to be convicted
on failure to prove his defence.

7) Conclusion

Cruelty or harassment of a Married women

when it result in death of the women would attract
Section 340B of Indian Penal Code.
3. Write a note on Offences against Marriage.
Ans. Offences against marriage have been dealt with
in Chapter XX of the Indian Penal Code. This
Chapter deals with offences relating to marriage and
consists of six Sections 493 to 498.

Offences against Marriage are as Follows :

1) Cohabitation caused by a man deceitfully inducing a belief

of lawful marriage

According to Section 493 of Indian Penal Code

- Every man who by deceit causes any woman who is
not lawfully married to him to believe that she is
lawfully married to him and to cohabit or have sexual
intercourse with him in that belief, shall be punished
with imprisonment of either description for a term
which may extend to ten years, and shall also be
liable to fine.

2) Marrying again during lifetime of husband or wife

Section 494 of Indian Penal Code

provides that whoever, having a husband or wife
living, marries in any case in which such marriage is
void by reason of its taking place during the life of
such husband or wife, shall be punished with
imprisonment of either description for a term which
may extend to seven years, and shall also be liable to
fine.

Exceptions

This section does not extend to any person

whose marriage with such husband or wife has been
declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during
the life of a former husband or wife, if such husband
or wife, at the time of the subsequent marriage, shall
have been continually absent from such person for
the space of seven years, and shall not have been
heard of by such person as being alive within that
time provided the person contracting such
subsequent marriage shall, before such marriage takes
place, inform the person with whom such marriage is
contracted of the real state of facts so far as the same
are within his or her knowledge.

3) Same offence with concealment of former

marriage from person with whom subsequent
marriage is contracted

According to Section 495 of I.P.C whoever

commits the offence defined in the last preceding
section having concealed from the person with whom
the subsequent marriage is contracted, the fact of the
former marriage, shall be punished with
imprisonment of either description for a term which
may extend to ten years, and shall also be liable to
fine.
4) Marriage ceremony fraudulently gone through without
lawful marriage

According to Section 496 of Indian penal

code whoever, dishonestly or with a fraudulent
intention, goes through the ceremony of being
married, knowing that he is not thereby lawfully
married, shall be punished with imprisonment of
either description for a term which may extend to
seven years, and shall also be liable to fine.

5) Adultery

Section 497 of Indian Penal Code provides

that whoever has sexual intercourse with a person
who is and whom he knows or has reason to believe
to be the wife of another man, without the consent or
connivance of that man, such sexual intercourse not
amounting to the offence of rape, is guilty of the
offence of adultery, and shall be punished with
imprisonment of either description for a term which
may extend to five years, or with fine, or with both.
In such case the wife shall not be punishable as an
abettor.

6) Enticing or taking away or detaining with criminal intent a

married woman:

Section 498 of Indian Penal Code

Provides that whoever takes or entices away any
woman who is and whom he knows or has reason to
believe to be the wife of any other man, from that
man, or from any person having the care of her on
behalf of that man, with intent that she may have
illicit intercourse with any person, or conceals or
detains with that intent any such woman, shall be
punished with imprisonment of either description for
a term which may extend to two years, or with fine,
or with both.

4. Write a note on cruelty by

Husband or relatives of
husband. Ans. 1) Introduction

Chapter XXA was inserted in the Indian

Penal Code in year 1983. The object of adding new
chapter XXA in the Indian Penal Code is to punish a
husband and his relatives who torture and harass the
wife with a view to coerce her or any person related
to her to meet any unlawful demands or to drive her
to commit suicide.

2) Husband or relative of husband of a woman subjecting her

to cruelty :

According to Section 498-A of the Indian

Penal Code whoever, being the husband or the
relative of the husband of a woman, subjects such
woman to cruelty shall be punished with
imprisonment for a term which may extend to three
years and
shall also be liable to fine.

Explanation -

For the purposes of this section, "cruelty" means-

(a) any willful conduct which is

of such a nature as is likely to drive the woman to
commit suicide or to cause grave injury or danger to
life, limb or health (whether mental or physical) of
the woman; or

(b) harassment of the woman

where such harassment is with a view to coercing her
or any person related to her to meet any unlawful
demand for any property or valuable security or is on
account of failure by her or any person related to her
to meet such demand.

Ingredients :

To invoke Section 498-A of the Indian Penal

Code following ingredients are to be satisfied.
1) A person is the husband or the

relatives of the husband of the women.

2) He subjects the women to cruelty

The offence under Section 498-A of the Indian Penal

Code is cognizable, non-bailable, non-compoundable
and triable by Magistrate of the first Class.

3) Relevant Case Law

Mustafa Shaikh Vs. State of Maharashtra (2008)

In this case Court held that where death of wife

was caused due to poisoning within one year of her
marriage, and there were evidence of witnesses
clearly show that, after her marriage he was subjected
to torture and harassment for demand of gold jewels
and money by the accused. Accused is liable for
punishment under Section 498-A of the Indian Penal
Code.

5. Write a note on causing of miscarriage and

injuries to unborn child. Ans. Loss of pregnancy
(a.k.a. miscarriage) can be physically and emotionally
draining experience for a woman, especially when it
happened because of certain individual/s. In such
situations, the affected woman may want to file a case
against
those individual/s who were responsible for her
miscarriage. Undoubtedly, such persons may be
punished under the Indian Penal Code. However, it is
important that an informed decision is taken while
considering the question of initiating criminal
proceedings in this situation. In order to help you do
that, this article has been written.

First and foremost, you should know that causing

miscarriage of a pregnant woman is a crime under
the Indian Penal Code (IPC). Sections 312 to 314 of
the IPC deal with this crime. Secondly, these sections
use the phrase ‘woman with child’. As ‘woman with
child’ simply means a pregnant woman, I have used
the phrase ‘pregnant woman’ in this article so that
it’s easier to understand.
With this, let’s now look at each of the fundamental
issue likely to arise whenever you would consider
instituting criminal proceedings for causing of
miscarriage.

When is ‘causing a miscarriage of a pregnant woman’ crime?

It is a crime when all the following facts occur:-

1. Miscarriage is voluntarily (willingly)

caused and not as a result of any accident
or mishap.

For instance, administering medicine to a pregnant

woman, thereby causing her miscarriage.

1. The miscarriage was not caused in good

faith (e. there was no thought of saving the
life of the pregnant woman while causing the
miscarriage). 2. The pregnant woman did not
consent to the miscarriage.

For instance, when a pregnant woman visits a doctor

for regular check-up, the doctor inserts a needle
inside the abdomen of the lady (as a part of some test)
leading to a septic and then a miscarriage. In this
case, the woman never visited the doctor for causing
of miscarriage but for the test. Yet, miscarriage is
what she ultimately suffered. In this case, the woman
can consider filing a complaint against the doctor
under Section 313 of the IPC.

Issue of consent

There is another possibility. The pregnant woman

herself may give consent to the causing of
miscarriage. You may think why a pregnant woman
would do that. But yes, it’s possible. For example, a
pregnant woman, to get rid of the unborn girl child,
may give consent to her miscarriage. In that case, the
woman would also be punished under Section 312,
together with the doctor causing such miscarriage.
At times, a woman may give consent to the
miscarriage out of necessity. In such cases, the
woman is generally not punished. For instance, if a
pregnant woman is attacked/ assaulted by few
persons, thereby resulting in such grave injury that the
woman, against her desire, gives consent for
miscarriage, then the woman is not likely to be
punished. These types of cases are covered by Section
313 of the IPC.

To conclude, two types of situation are likely to arise

whenever miscarriage has been caused to a pregnant
woman: (a) the woman consented to the causing of
miscarriage and (b) the woman did not consent to the
same. The first situation would be governed by
Section 312 of the IPC and the latter by Section 313.

In addition to the above, there is another possibility.

A pregnant woman may herself consents to the
causing of miscarriage because the pregnancy is
posing severe risk to her mental and physical health.
However, such miscarriage would be a crime under
the IPC (Section 312) because it is not caused for the
purpose of saving the life of the pregnant woman. In
fact, for this sort of miscarriage, both the pregnant
woman and the doctor can be punished. In this
situation, the pregnant woman can consider filing an
application under the Medical Termination of
Pregnancy Act, 1971 [MTP Act, 1971]. Under this
Act, a pregnancy can be terminated when it poses
severe risk on the physical and mental health of the
pregnant woman.

What is the punishment for the crime?

If the miscarriage was caused with the consent of the

pregnant woman, then

1. Imprisonment which may extend to three

years or fine or both OR 2. Imprisonment
which may extend to seven years and fine if
the woman is in advanced stage of pregnancy
(this stage under the IPC is referred to as
“woman being quick with child”.

If the miscarriage was caused without the consent of the

pregnant woman, then

1. Imprisonment for life OR

2. Imprisonment which may extend to ten years and fine.
Who will be punished for the crime?

If the miscarriage was caused with the consent of the

pregnant woman, then

1. The person causing the miscarriage AND

2. The pregnant woman.
If the miscarriage was caused without the

consent of the pregnant woman, then Only the

person causing the miscarriage.

How is it decided which one of the above

punishments would be applicable in a particular
case?

The punishment imposed would depend upon the

stage of pregnancy. If the pregnancy was in initial
stage, then the lesser punishment is imposed
(maximum three years with fine). On the other hand,
higher punishment is imposed if the woman was in
advanced stage of pregnancy (up to 7 years and fine).

Note: the abovementioned punishment would be applicable in

case of Section 312.

The punishment in case of Section 313 would depend

upon the facts and circumstances of each case.

What elements should be disclosed by the

Complainant while making a complaint under
s/313?

1. The accused was aware of the fact that the

woman was pregnant. 2. His/ her actions
resulted in the miscarriage of the pregnant
woman. The said actions were committed
voluntarily by the accused.
3. S/he did not act in the said manner to save
the life of the pregnant woman. 4. S/he did
not act in good faith.
5. The pregnant woman did not
consent to the causing of miscarriage.
6. That the woman miscarried in
 consequence of it.

How can the accused defend him/her if charged under Section

313?

1. S/he was unaware about the fact that the

woman was pregnant. 2. The act which
resulted in the commission of the crime was
not done voluntarily.
3. The act which resulted in the commission of
the crime was done in good faith.
4. The act was done to save the life of woman with child.
5. The pregnant woman also consented to the
miscarriage. This argument may not
completely absolve the accused from the
liability. However, it can result in the
imposition of lesser punishment upon him
because of the application of Section 312
of IPC.
Note: In addition to the above, the accused can also
take one more defense. S/he can contend that the
case falls under the MTP Act, 1971. (Only if the
complaint was filed under Section 312 of the IPC)

Is causing a miscarriage of a pregnant woman

same as abortion or is there any difference
between the two terms?

These two terms are different and cannot be used

synonymously. The same is clear from Sections 312
to 314 of the IPC. Nowhere do these sections use the
term abortion. Rather they only use the phrase
‘causing of miscarriage’.

Medically as well there is a difference between the

two terms. The term ‘abortion’ is used only when an
ovum is expelled within the first three months of
pregnancy. On the other hand, ‘miscarriage’ is used
when a fetus is expelled from the fourth to the
seventh month of gestation, before it is viable.

Is it that in every case of miscarriage a criminal case can be

filed?

No, that is not possible. There are two types of

miscarriage: one is natural and another is induced by
human interference. The courts can intervene only in
the second case.

What if the person who intended to cause miscarriage

was unsuccessful in his attempt? Can he be punished
for attempting to cause miscarriage?

Yes, it is possible. S/He can be punished for his

attempt to cause miscarriage under Section 511 of
the IPC.

Is it a bailable offence?

Yes, it the complaint has been filed under Section 312

of the IPC. However, if the complaint was filed
under Section 313 of the IPC, then the accused would
not get the bail (the same being non-bailable
offence).

Is it a compoundable offence?

No. Neither the offence under Section 312 nor the

one under Section 313 is a compoundable offence.

Which court would try this offence?

In case of Section 312, the offence would be triable
by a Magistrate of First Class. On the other hand, the
Court of Sessions would try the offence committed
under Section 313.

Is it a cognizable offence?

If the miscarriage was caused without the consent of

the woman then the same is a cognizable offence.
However, if the miscarriage was caused with the
consent of the woman, then it is a non-cognizable
offence.

Note: A cognizable offence is one where the accused

can be arrested by the police without warrant.

What if the pregnant woman agreed to the

miscarriage because of the pressure of in-laws?

In such a situation, can she still be held responsible for

commission of a crime?

In such a situation, the pregnant woman would not be

held responsible for commission of a crime. The case
would be covered by Section 313 of the IPC. It is
very necessary that from the very beginning the
pregnant woman takes the stance that the miscarriage
was caused against her desire.

∙ Can the in-laws be punished?

Yes, they can be punished for this act but not

necessarily under Sections 312 and 313 of the IPC.

6. Write a note on Child labour in India.

Ans. Child labour has been a major concern in the
world because it affects the children both mentally
and physically and it also destroys the future of
children. Child labour is one the serious issue not
only in India but also in other developing countries.
It is widely prevalent in developing countries because
of poverty .it is a great social problem because
children are the hope and future of a nation. There
were many laws enacted to prohibit child labour but
they are ineffective. According to 2017 statics India
is one of the leading countries in Asia has a whopping
33 million children employed in various forms of
child labour. Let me explain the major laws enacted
to prohibit child labour and their impacts on society
under the following sub heads.

Child Labour
"Child" as defined by the child labour (prohibition
and regulation) Act 1986 is a person who has not
completed the age of 14 years .As a layman we can
understand that Child labour is the practice of having
children engage in economic activity, on a part or
full time basis. Every child is considered as a gift of
god, it must be nurtured with care and affection with
in the family and society. But unfortunately due to the
socio economic problems children were forced to
work in industries, leather factories, hotels and
eatery. The child labour is not an isolated
phenomenon it is coupled with socio economic
problem of the society so in order to eliminate child
labour first we should focus on socio economic
issues of the society. It is in the hands of
administrative .It should bring effective measures to
eliminate child labour.

Causes of Child Labour:

Poverty

Poverty is one of the main causes of child labour. In

developing countries poverty is one of the major
drawback and the children were considered as helping
hand to feed their families, to support their families
and to support themselves .Due to poverty, illiteracy
and unemployment parents are unable to send them to
schools, instead the children were asked to help them
in running a family so that the poor parents send their
children for work in inhuman conditions at lower
wages.

Debts:

The poor economic conditions of people in India

force them to borrow money. The illiterate seek debt
from money lenders during emergency situation .At
later point of time they find themselves difficult in
paying back the debts and interest, as a result the
debtors were made to work for money lenders and
then debtors drag their children too in assisting them
so that the debts could be paid off.

Professional Needs:

There are some industries such as the bangle making

industry, where delicate hands and little fingers are
needed to do very minute work with extremeÂ
excellence and precision. An adults hands are usually
not so delicate and small, so they require children to
work for them and do such a dangerous work with
glass. This often resulted in eye accidents of the
children.

Rights of Children Under International Law:

Universal declaration of human rights 1948 -Â

stipulates under article 25 para 2 that childhood is
entitled to special care and assistance. The above
principles along with other principles of universal
declaration concerning child were incorporated in the
declaration of the rights of the child of 1959.
International covenant on civil and political rights
under Articles 23 and 24 and international covenant
on economic, social and cultural rights - under Article
10 made provision for the care of the child .

International labour organisation (ILO) -provides

universal standards and guideline, a specialized
agency of UN ,aims to provide guidance and
standards for labour practices around the world .

Convention on the rights of the child, 1989 It is

another international instrument which protects the
child.

Rights of Children Under National Laws:

India has also taken effective measure under national

level. In order to eliminate child labour, India has
brought constitutional, statutory development
measures. The Indian constitution has consciously
incorporated provisions to secure compulsory
elementary education as well as the labour protection
for the children. Labour commission in India have
gone into the problems of child labour and have made
extensive recommendations. The constitution of
India, too provides certain rights to children and
prohibits child labour such provisions are as follows:

1. No child below the age of 14 years shall be

employed in any factory or mine or engaged in any
other hazardous work.

2.state in particular shall direct its policy towards

securing that the health and strength of workers, men
and women and the tender age of the children are not
abused and that citizen are not forced by economic
necessity to enter vocations unsuited to their age or
strength.

3. Children are given opportunities and facilities to

develop in a healthy manner and in conditions of
freedom and the dignity and that childhood and youth
are protected against exploitations and against moral
and material abandon.

4. The state shall endeavour to provide, within the

period of 10 years from the commencement of
constitution, free and compulsory education for all
children until they complete the age of 14 years.

5. The state shall provide free and compulsory

education to all children between the ages of 6 to 14
years as such a manner as the state may by law
determine.

6. Who is parent or guardian to provide opportunities

for education to his child or the case may be, ward
between the age of six and fourteen years.

There are wide range of laws ,which guarantee the

substantial extent the rights and entitlement as
provided in the constitution and in the UN
convention.

Some of them are given below:

1. The apprentices Act 1861

2. The child labour Act 1986

3. The child marriage restraint act 1929

4. The children (pledging of labour) Act 1929

5. Children Act 1960

6. The guardian and wards Act 1890

7 .The Hindu minority and guardianship Act 1956

8 .The Hindu Adoption and maintenance Act 1956

9. The Immoral Traffic (prevention) Act 1956

10. Juvenile justice Act 1986

11. The Orphanages and other charitable Homes

(supervision and control) Act 1960 12. Probation

and offenders Act 1958

Drawbacks:

The main cause of child labour is higher poverty level

.These children have no choice other than working as
a labour in the factories child labour for these
children is survival .if they don't work they will die
of poverty and hunger. They are the future of
India .None of these children have the privilege to
going to school and being able to go to a house at the
end of the day. The child labour is prevalent at a large
scale in the country. In Punjab it is found in hotels,
restaurant, tea stalls, for which the administrative
authorities, parents, educationalist, police officials
and employers of public authority is responsible. Â
There is lack of implementations of child laws. Since
politicians and other authorities ignore it and the
various departments for the labour laws fails to
implement the laws properly .Laws remain merely on
the paper for which the lack of control of population
and increasing unemployment are the major causes
and politicians fear to tackle these problems in view
of their vote banks.

Remedies:

The remedy is only in the hands of the government, it

should take necessary steps to eradicate poverty
through employment to the parents of the child labour
.Necessary practical steps should be taken to educate
the children .The government should allocate the
necessary funds to educate and nurture the poor
children. The violators of child labour laws should be
punished accordingly.

Conclusion:
There are many laws and regulatory departments for
child labour, yet it is ineffective in controlling
ongoing child labour. This is possible only when
there is a cooperation of all the sections of the
society and the law enforcement agencies and by
removing or minimizing the causes of child labour.
The main thrust should be on controlling the
population of the country, education of the children
and providing sufficient funds for its removal from
the gross domestic product of India.

7. Write a note on Laws and Policies for

Protection of Interest of Children: A Critical
Analysis.
Ans. Child is considered as an important national
asset of a nation as the future of any nation depends
on how its children mature and develop. In the
present times protection of children from all kinds of
exploitation and abuses has become the main
objective of our society. There have been many
instances of child exploitation in the form of sexual
molestation, child marriage, underfeeding, verbal
abuse, child battering, child prostitution, child
pornography and child labour which indirectly
highlights our society’s own failure to protect our
future generations. Child protection is regarded as
one of the main responsibility of the government as
well as the society and considering the challenges
and problems faced by the children.

Introduction:

The question of child rights has emerged as one of the

most vibrant issues for discussion in this new
millennium. The fact remains that even today children
are a part of the disadvantaged minority group so far
as realization of human rights and social justice are
concerned. The main reason for this lacuna is that
children are still not a complete political entity in
true sense of the term. Besides, they are generally
physically, mentally and economically defenseless. In
this rapidly changing age of globalization, taking
care of child right at every stage has taken a back
seat. This not only affects the whole value system,
but also their present social and economic needs. No
doubt that the future of humanity depends on children
to a large extent, even then a very partial and
parochial approach has been followed towards
bringing them on the mainstream of social and
political agenda.

This marginalization takes even a much worse turn

when child is either orphan, loner, a destitute, a
homeless, a child labour, a bonded labour, a domestic
help, a street child, a physically or a mentally
challenged child. In such circumstances, they remain
mostly in uncared state and became highly vulnerable
to crimes which are perpetrated against them.
Violations of Child Rights are hooked to social
wrong. It ranges from actual crimes to neglect by
society and unsatisfactory parenting, innocence,
inexperience, wrong exposure, improper care, lack of
good guidance and non existence of good social
security system are some of the major reasons for
children continued vulnerability and exploitation.

Legal Definition of Child:

The term Child is not defined in the Indian
Constitution. According to Article 1 of the United
Nations Convention on the Rights of the Child 1989,
a child means every human being below the age of
eighteen years unless, under the law applicable to the
child, majority is attained earlier. The legal definition
of child tends to depend upon the purpose. There are
a number legislations in India which defines the term
Child depending upon the purpose. Under the Indian
Majority Act,1875 the age of majority is eighteen
years & in case of a minor for whose person &
property a guardian is appointed or whose property is
under the supervision of the Court of Wards the age
of majority twenty-one years.

Under the Child Labour (Prohibition and

Regulations) Act, 1986, child means a person who
has not completed his fourteenth year of age. Under
the Child Marriage Restraint Act, 1926, child means
a person who, if a male, has not completed twenty-
one years of age and, if a female, has not completed
eighteen years of age. Under Juvenile Justice (Care
and Protection) Act, 2000, Juvenile or child means a
person who has not completed eighteenth year of age.

United Nations Convention on the Rights of the Child

(CRC) The United Nations Convention on the Rights
of the Child (UNCRC) is a comprehensive,
internationally binding agreement on the rights of
children, adopted by the UN General Assembly in
1989. It incorporates children's civil and political
rights (like their treatment under the law), social,
economic and cultural rights (like an adequate
standard of living) & protection rights (from abuse
and exploitation). A child is defined in the UNCRC
as a person under the age of 18 years.

The children are the greatest gift of God to man, our

most precious and important assets. The welfare and
development of any community depends largely on
the health and well being of its children. It has been
said who hold souls of the children holds the nation.
The physical and mental health of a nation is
determined largely in the manner in which it is
shaped in early stages. Justice V.R. Krishna Iyer says
that it is our obligation to the generation by opening
up all opportunities for every child to unfold its
personality and rise to its full stature physical, moral,
mental and spiritual and it is the birth right of every
child that cries for justice from the world as a whole.

During World War-ll Winston Churchill said, “there

is no finer investment for any community than
putting milk into babies.” This appeal to the people
everywhere, this fundamental faith in Juvenile
Justice, this reorganization of the worth of the infants
born and unborn, is the beginning of Juvenile Justice,
says Justice Krishna Iyer.
Major Child Issues In India

# Child labour.

# Girl Child.

# Malnutrition.

# Poverty.

# Illiteracy.

# Child Marriage.

# Child Trafficking.

# Gender Inequality.

Constitutional Provisions Relating To Children:

The framers of our Constitution were well known of

the fact the development of the nation can be
achieved by the development of the children of the
nation & it is necessary to protect the children from
exploitation as well.

The following are the provisions of the Indian

Constitution relating to children:

Constitutional Guarantees that are meant

specifically for children include:

Article 21A provides that the State shall provide free

and compulsory education to all children of the age
of six to fourteen years in such manner as the State
may, by law, determine.
Article 24 provides that no child below the age of
fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous
employment.

Article 39(e) provides that the shall, in particular,

direct its policy towards securing that the health and
strength of workers, men and women, and the tender
age of children are not abused and that citizens are
not forced by economic necessity to enter avocations
unsuited to their age or strength.

Article 39(f) provides that the shall, in particular,

direct its policy towards securing that children are
given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and
dignity and that childhood and youth are protected
against exploitation and against moral and material
abandonment.
Article 45 provides that the State shall endeavour to
provide early childhood care and education for all
children until they complete the age of six years.

Besides, Children also have rights as equal citizens of

India, just as any other adult male or female:

Article 14 provides that the State shall not deny to

any person equality before the law or the equal
protection of the laws within the territory of India.

Article 15 Right against discrimination

Article 21 provides that no person shall be deprived

of his life or personal liberty except according to
procedure established by law.

Article 23 Right to being protected from being

trafficked and forced into bonded labour.

Article 29 Right of minorities for protection of their interests.

Article 46 Right of weaker sections of the people to

be protected from social injustice and all forms of
exploitation.

Article 47 Right to nutrition and standard of

living and improved public health. Other

Legislations:

Apart from the Constitution there are a number of

legislations which deals with children. The following
are some of them:

The Children (Pledging of Labour) Act, 1933

The Act was enacted during pre-independence era but

remains in force. Object of the Act is eradicate the
evils rising from pledging the labour of young
children, An agreement to pledge the labour of
children below 15 years by a parent or guardian of a
child in return for any payment or benefit is void.8,
Act penalize both parent or guardian and employer in
case of pledge of labour of the child. Employer is
liable for a fine of Rs.200/- 9and parent or guardian
is liable for fine upto Rs.50/-

The Employment of Children Act, 1938

This is the earliest unrepealed legislation on the

statute book controlling the employment of under
aged persons in certain types of occupation. It
provides: No child who has not completed 15 years
of age can be employed in any occupation connected
with transport of passengers, goods or mail by
railways, or a port authority within the limit of a port.
Limited protection to the children who are within 15-
17 years of age. This protection is not applicable to
children who are employed as either apprentices or
are receiving vocational training.

The Factories Act, 1948

The first Welfare Legislation passed by the Britishers
was Factories Act,1881. The implementation of the
Act was restricted: The Act was again amended in
1948 and the key features are as follows Prohibits the
employment of children below 14 years of age in
factory. Factory covers the establishment, which
employs 10 or more workers with the aid of power or
20 or more workers without the aid of power. Persons
who are between the 14 and 15 years, they can be
employed under following restrictions provided
under Section 68, 69 and 71 of the Act: Such persons
should have certificate of fitness issued by a Surgeon
and should carry a token giving a reference to such
certificate. The certifying Surgeon should follow the
procedure laid down in Section 69. They should not
work at night i.e. 12 consecutive hours including the
period from 10 PM to 6 AM.

The Mines Act, 1952

The scope of Mines Act is limited. Applies to
excavation where operation for the purpose of
searching for or obtaining minerals has been or is
carried out. Not only prohibits the employment of
any child but even presence of a child in any part of
mine which is below ground or in any open cast
working in which mining operation is carried on.
Adolescent who has completed the age of sixteen
years is allowed to work only if he has a medical
certificate of fitness for work. Certificate is valid for
12 months only.

The Apprentice Act, 1961

Object of the Act is to provide for the regulation and

control of training of apprentices in trade and for
matters connected therewith. Apprentice is a person
who is going apprenticeship training in a designated
trade in pursuance of contract of apprenticeship. No
person is qualified for being engaged as an apprentice
to undergo training unless he has completed the age
of 14 years and satisfies the others standards of
physical fitness and education as may be prescribed.
If the apprentice is minor his guardian is required to
enter into a contract of apprenticeship with the
employer and it shall be registered with
Apprenticeship Advisor.

The Child Labour (Prohibition and Regulation) Act, 1986

The Act is an outcome of various recommendations

made by a series of Committees. There was a
constant demand in favour of a uniform
comprehensive legislation to prohibit the
engagement of children in certain other employments
to achieve this goal, parliament enacted the Child
Labour (Prohibition and Regulation ) Act, 1986.

(CLPRA) which came into force on 23 December

1986. The objectives of Child Labour (Prohibition
and Regulation) Act, 1986 are:

# Banning the employment of children i.e. those who

have not completed their fourteenth year, in specified
occupation and processes.
# Laying down procedures to decide modifications to
the schedule of banned occupation or processes.

# Regulating the conditions of work of children in

employment where they are not prohibited from
working.

# Laying down enhanced penalties for employment of

children in violation of the provisions of this Act and
other Acts which forbid the employment of children.

The Infant Milk Substitutes, Feeding Bottles and

Infant Foods (Regulation of Production, Supply
and Distribution) Act 1992

This Act regulates the production, supply and

distribution of infant milk substitutes, feeding bottles
& infant foods with a view to the protection &
promotion of breastfeeding & ensuring the proper
use of infant foods & other incidental matters.

The Pre-Natal Diagnostic Technique (Regulation

and Prevention of Misuse) Act 1994

This Act provides for the regulations of the use of

pre-natal diagnostic techniques for the purpose of
detecting genetic or metabolic or chromosomal
abnormalities or certain congenital malformation or
sex-linked disorders & for the prevention of the
misuse of such techniques for the purpose of pre-
natal sex determination leading to female foeticide.

The Juvenile Justice (Care and Protection of Children) Act

2000

This Act deals with the law relating to juveniles in

conflict with law & children in need of care &
protection, by providing for proper care, protection &
treatment by catering to their development needs &
by adopting a child friendly approach in the
adjudication & disposition of matters in the best
interest of children & for their ultimate rehabilitation
through various institutions established under the Act.

Right to Education (RTE) Act, 2009

Free and compulsory education to all children of

India in the 6 to 14 age group. No child shall be held
back, expelled or required to pass a board
examination until the completion of elementary
education.If a child above 6 years of age has not been
admitted in any school or could not complete his or
her elementary education, then he
or she shall be admitted in a class appropriate to his
or her age. However, if a case may be where a child
is directly admitted in the class appropriate to his or
her age, then, in order to be at par with others, he or
she shall have a right to receive special training
within such time limits as may be prescribed.
Provided further that a child so admitted to
elementary education shall be entitled to free
education till the completion of elementary education
even after 14 years.

Proof of age for admission: For the purpose of

admission to elementary education, the age of a child
shall be determined on the basis of the birth
certificate issued in
accordance with the Provisions of Birth. Deaths and
Marriages Registration Act 1856, or on the basis of
such other document as may be prescribed. No child
shall be denied admission in a school for lack of age
proof A child who completes elementary education
shall be awarded a certificate. Call need to be taken
for a fixed student-teacher ratio. Improvement in the
quality of education is important.

Policies of the Government regarding Children

The Government of India has made a number of

policies regarding the physical, mental & social
development of the children of the country.The
Government has also made many policies on the
health & education of the children. The following are
some of the important policies of the Government
regarding children:

National Policy for Children, 1974.

National Policy on Education, 1986.

National Policy on Child Labour, 1987.

National Health Policy ,2002.

National Policy for Children 1974

India is one of the few countries in the world which

have a written policy for children. This policy
declares that the children are the supreme asset of the
nation. The following are some of the features of the
policy:

All the children shall be covered under a comprehensive

health programme.
 Programmes to be implemented to provide
nutrition to children & remove deficiency
from the diet of the children.

To provide non-formal education.

Special attention to be taken towards the

physically challenged, mentally retarded
children.

All children shall be ensured equality of opportunity.

National Policy on Education 1986

This was second policy on education ; the first policy

of 1968 was revised by this policy. This policy was
regarded as a landmark one. This policy gave highest
importance on the Universal Primary Education. It
also gave importance to early childhood care &
education. It gave emphasis on the need of large-scale
investment on the development of The Rights Of
Children in India children both through Government
& through voluntary organizations. Later on a number
programmes were undertaken throughout the country
like the Operation Black Board, Sarva Siksha
Abhiyan etc. The Operation Black Board & Sarva
Siksha Abhiyan became very popular all over the
country.

National Policy on Child Labour 1987

The National Policy on Child Labour is a landmark

Endeavour in the progressive elimination of child
labour in India.The policy encompasses actions in the
field of education, health, nutrition, integrated child
development & employment.

The National Policy on Child Labour is set

under the following three heads: The

Legislative Plan.

Focusing of general programmes for benefiting child labour

wherever possible.

Project-based plan of action in areas of high

concentration of child labour engaged in
wage/quasi-wage employment.

National Health Policy 2002

The first policy on health, 1983 aimed at achieving
health for all by the year 2000 . The second policy on
health, 2002 envisages giving priority to school health
problems which aimed at health education & regular
health check-ups at schools. The principle feature of
this policy was to prevent communicable diseases like
HIV/AIDS &to provide for universal immunization
of children against all major preventable disease.

Judicial Response:

M.C. Mehta Vs. State of Tamil Nadu and Others

In this case, Indian activist plaintiff M.C. Mehta sued

the state of Tamil Nadu to improve the working
conditions for children and to provide children
rescued from hazardous labor with an education. The
Honourable Supreme Court issued a landmark ruling
that the Indian Constitution (Article 24) requires the
state to endeavor to provide a free, compulsory
education for children. The Court found that children
under the age of 14 could not be engaged in
hazardous employment, and ordered the government
to establish and maintain a child labor rehabilitation
welfare fund. Employers that violated child labor
laws would be required to make a deposit into the
fund; the government would also be required to offer
the parent of each child engaged in hazardous
employment a job, or else make a deposit into the
fund.

Bandhua Mukti Morcha Vs. Union of India and others

In this case, the Supreme Court held "Therefore,

whenever it is shown that the labourer is made to
provide forced labour, the Court would raise a
presumption that he is required to do so in
consideration of an advance or other economic
consideration received by him and he is, therefore, a
bonded labour. This presumption may be rebutted by
the employer and also by the State Government if it
so chooses but unless
and until satisfactory material is provided for
rebutting this presumption, the Court must proceed
on the basis that the labourer is a bonded labourer
entitled to the benefit of provisions of the Act. The
State Government cannot be permitted to repudiate its
obligation to identify, release and rehabilitate the
bonded labourers on the plea that though the
concerned labourers may be providing forced labour,
the State Government does not owe any obligation to
them unless and until they show in an appropriate
legal proceeding conducted according to the rules of
adversary system of justice, that they are bonded
labourers."

J.P.Unnikrishnan & Others Vs. State of Andhra Pradesh &

Others

In this case, the Supreme Court held that citizens of

this country have the fundamental right to education
and the said right flows from Article 21 of the
Constitution. This right is, however, not an absolute
right. Every child/citizen of this country has the right
to free education until he completes the age of
fourteen years. Thereafter, his right to education is
subject to limits of the economic capacity and
development of the State.

Mohini Jain vs. State of Karnataka

In this case, the Supreme Court was called upon to

deal with the question of right to education under
Article 41 and once again the Court emphasized the
importance of Directive Principles by holding that
the right to education is concomitant to the
Fundamental Rights and made the following
observation: The directive principles which are
fundamental in the governance of the country cannot
be isolated from the Fundamental Rights guaranteed
under Part III. These principles have to be sent into
the Fundamental Rights. Both are supplementary to
each other. The State is under a constitutional
mandate to each other. The State is under a
constitutional mandate to create conditions in which
the Fundamental Rights guaranteed to the individuals
under Part III could be enjoyed by all. Without
making Right to education under Article 41 of the
Constitution a reality, the Fundamental Rights under
Chapter III shall remain beyond the reach of large
majority which is illiterate. The Fundamental Rights
guaranteed under Part III of the Constitution of India
including the right to freedom of speech and
expression and other rights under Article 19 cannot be
appreciated and fully enjoyed unless a citizen is
education and is conscious of his individualistic
dignity.
Vishal Jeet vs. Union of India

H'onble Supreme Court issued directions to the state

Government for setting up rehabilitate homes for
children found begging in streets and also the minor
girls pushed into 'flesh trade' to protective homes."

Gaurav Jain vs. Union of India

H'onble Supreme Court to rehabilitate children and
child prostitutes after conducting in depth study of
matter .Furthermore juvenile homes should be used
for rehabilitating child prostitutes.

People's Union Democratic Reforms Vs. Union Of India

(Asiad Case)

Justice P.N.Bhagwati,(1) Begar means compulsory

work without payment (2)Non-payment of minimum
wages comes in the ambit of forced labour ought to
be interpreted to include not only physical or legal
force but also force arising from compulsion of
economic circumstances , which leave no choice of
alternative to a person in want and compels him to
provide labour or service even though the
remuneration received for it is less than the minimum
wages.Articles 17,23 and 24 are also enforceable
against private persons. In this case it is the
constitutional obligation of the state to provide
protections.Construction works are hazardous .So
employment of child below the age 14 years in
construction works is violation of Article 24.

Sanjit Roy vs. State of Rajasthan

Justice, P.N.Bhagwati, Workers were engaged by

Public Works Department, Rajasthan and they were
not being paid minimum wages. The Court said that
non-payment of minimum wages comes under the
category of forced labour. Justice P.N.Bhagwati,
stated that, The State cannot be permitted to take
advantage of the helpless condition of the affected
persons and extract labour or service from them on
payment of less than the minimum wage. No work of
utility and value can be allowed to be constructed on
the blood and sweat of persons who are reduced to a
state of helplessness on account of drought and
scarcity conditions.
Neeraja Chaudhary vs. State of Madhya Pradesh

Justice P.N. Bhagwati, stated ,"Whenever it is found

that any workman is forced to provide labour for no
remuneration or nominal remuneration, the
presumption would be that he is a bonded labourer
unless the employer or the State Government is in
opposition to prove otherwise by rebutting such
presumption. "The Court stressed on released and
rehabilitation of bonded labourer.

State of Gujarat vs. Honourable High Court of Gujarat

All types of prisoners including prisoners punished

for rigorous imprisonment would be entitled to get
minimum wages. Otherwise, it would be beggar.

Labourers Working on Salal Hydro-Project vs State of

Jammu & Kashmir
Justice P.N.Bhagwati Same Construction works are
hazardous. So employment of child below the age 14
years in construction works is violation of Article of
Article 24.

Conclusion And Suggestion:

Children constitute the national valuable human

resources. The future well being of the nation
depends on how its children grow and develop. The
great poet Milton said Child Shows the man as
morning shows the day. So it is the duty of the
society to look after every child with a view to
assuring full development of its personality. Children
are the future custodians and torch bearers of the
Society: they are the messengers of our knowledge,
cultural heritage, ideologies and philosophies.
Children are really future components in the form of
great teachers, scientists, judges, rulers, doctors,
planners, engineers, politicians on whom the entire
society founded (rests). Unfortunately millions of
children are deprived of their childhood and right to
education and thereby they are subjected to
exploitation and abuse.

8. Write a note on Child and Women Trafficking.

Ans. Trafficking in Women and Children is the
gravest form of abuse and exploitation of human
beings. Thousands of Indians are trafficked everyday
to some destination or the other and are forced to
lead lives of slavery. They survive in brothels,
factories, guesthouses, dance bars, farms and even in
the homes of well-off Indians, with no control over
their bodies and lives.

The Indian Constitution specifically bans the traffic in

persons. Article 23, in the Fundamental Rights
section of the constitution, prohibits "traffic in human
beings and other similar forms of forced labor".
Though there is no concrete definition of trafficking,
it could be said that trafficking necessarily involves
movement /transportation, of a person by means of
coercion or deceit, and consequent exploitation
leading to commercialization. The abusers, including
the traffickers, the recruiters, the transporters, the
sellers, the buyers, the end-users etc., exploit the
vulnerability of the trafficked person. Trafficking
shows phenomenal increase with globalization.
Increasing profit with little or no risk, organized
activities, low priority in law enforcement etc.,
aggravate the situation. The income generated by
trafficking is comparable to the money generated
through trafficking in arms and drugs.

Trafficking in human beings take place for the

purpose of exploitation which in general could be
categorized as (a) Sex -based and (b) Non-Sex-based.
The former category includes trafficking for
prostitution, Commercial sexual abuse, Pedophilia,
Pornography, Cyber sex, and different types of
disguised sexual exploitation that take place in some
of the massage parlors, beauty parlors, bars, and other
manifestations like call girl racket, friends clubs, etc.
Non sex based trafficking could be for different types
of servitude, like domestic labor, industrial labor,
adoption, organ transplant, camel racing marriage
related rackets etc. But the growing traffic in women
is principally for the purpose of prostitution.
Prostitution is an international problem which can be
found in both developing and industrialized nations.
Unfortunately, society remains tolerant of this
abominable crime against women. There are ways of
getting women into prostitution that are common to
many countries; then there are particular methods
unique to a country. Probably the three most common
methods are false employment promises, false
marriages and kidnapping. But what makes women
and girls vulnerable are economic distress, desertion
by their spouses, sexually exploitative social customs
and family traditions.

In a recent survey in India, prostituted women cited

the following reasons for their remaining in the trade,
reasons that have been echoed in all concerned
countries. In descending order of significance, they
are: poverty and unemployment; lack of proper
reintegration services, lack of options; stigma and
adverse social attitudes; family expectations and
pressure; resignation and acclimatization to the
lifestyle.

The two principal Indian laws that address trafficking

and prostitution in particular are:

● The Suppression of Immoral Traffic in Women

and Girls Act of 1956 (SITA) and

● The Immoral Traffic (Prevention) Act of 1986

(ITPA), colloquially called PITA, an
amendment to SITA.

Neither law prohibits prostitution per se, but both

forbid commercialized vice and soliciting. Aside
from lack of enforcement, SITA is problematic in
several ways. One of its drawbacks is that the
prescribed penalties discriminate on the basis of sex:
a prostitute, defined under SITA as always a woman,
who is arrested for soliciting under SITA could be
imprisoned for up to a year, but a pimp faces only
three months. SITA allowed prosecution of persons
other than the prostitutes only if the persons involved
"knowingly" or "willingly" made women engage in
prostitution. Accordingly, pimps, brothel owners,
madams, and procurers could feign ignorance of
prostitution and escape punishment. The client,
moreover, was not viewed as an offender and could
not be sanctioned under SITA. Finally, SITA only
addressed street prostitution; prostitution behind
closed doors was left alone -- a loophole that actually
promoted the establishment of brothels.
SITA, a penal law, was passed in 1956 and enforced
in 1958 as a consequence of India's signing the
Trafficking Convention, rather than as a result of any
mass social
welfare movement. SITA did not seek the "abolition
of prostitutes and prostitution as such and to make it
per se a criminal offence or punish a person one
prostitutes oneself." Its stated goal was "to inhibit or
abolish commercialized vice, namely the traffic in
persons for the purpose of prostitution as an
organized means of living." Prostitution was defined
as the act of a female who offers her body for
promiscuous sexual intercourse for hire.
Accordingly, the engagement by a woman in
individual, voluntary, and independent prostitution
was not an offense.

The law permitted penalization of a woman found to

be engaged in prostitution under certain conditions.
For example, Section 7(1) penalized a woman found
engaged in prostitution in or near a public place.
Section 8(b) did the same for a woman found
seducing or soliciting for purposes of prostitution.
The law also permitted a magistrate to order the
removal of a person engaged in prostitution from any
place and to punish the person upon refusal. Offenses
under SITA were bailable, but a woman picked up
from the street by the police usually did not have
either the money or the influence to keep her out of
custody or free from fines.

Several studies across India have shown that this is

the most abused section of the ITPA, used more as a
tool for harassment and extortion by the law
enforcement. Women are apprehended from known
red-light areas whereas their brothel keepers and
pimps are left untouched. In cases of organized
prostitution, this results in continual debt bondage for
the amount paid by her keepers as a fine or as a bail
amount. In fact, sometimes the brothel keepers are
alleged to collude with policemen and arrange the
arrests of "their" women so they can continue to serve
in bondage.

India is said to have adopted a tolerant approach to

prostitution whereby an individual is free to carry on
prostitution provided it is not an organized and a
commercialized vice. However, it commits itself to
opposing trafficking as enshrined in Article 23 of the
Constitution which prohibits trafficking in human
beings. India is also a signatory to international
conventions such as the Convention on Rights of the
Child (1989), Convention on Elimination of all forms
of Discrimination Against Women (1979), UN
Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children (2000)
and the latest South Asian Association for Regional
Cooperation (SAARC) Convention on Preventing and
Combating Trafficking in Women and Children for
Prostitution (2002).

A trafficked victim is therefore, a victim of

multiplicity of crimes, and extreme form of abuse
and violation of human rights. The constitution of
India, under article 23 specifically prohibits
trafficking in human beings. At present the legal
regime to trafficking of women and children for
commercial sexual exploitation includes the
following.

a. Indian Penal Code 1860

b. ITPA-1956

c. J.J. Act-2000.

d. Special laws of various states.

e. Rulings of Supreme Court and High Court.

The lack of understanding of trafficking by the legal

system could arise from one or more of these factors:
first, there is no definition of "trafficking" or
"trafficker" under the Act. Therefore, the police and
the judiciary do not have an understanding of the
complexities involved when a woman is trafficked,
the different types of traffickers, and their strategies.
Neither does the court attempt to hear the trafficked
woman and her experiences. Second, the Act also
focuses on establishing "the purposes of prostitution"
for every offence which conveniently takes the
attention away from trafficking. For example, even to
convict a trafficker for the act of keeping a brothel, it
becomes important to establish that prostitution was
taking place. So, when a woman who is trafficked is
kept in captivity for a period of time, it cannot
amount to an offence unless the place satisfies the
criteria of a "brothel." Similarly we find that in every
case involving a raid there is also an elaborate
description of how the woman was clothed when the
raiding party found her in order to prove that she was
getting ready for sexual intercourse with the decoy
witness and thus her existence for the "purpose of
prostitution" could be established beyond "reasonable
doubt." That the clothing or actions of a woman at
that point of time should not negate the fact that she
was trafficked seems to slip away from the
adjudication process. The Act thus misses out on
what actually constitutes trafficking--the elements of
force, deception, and coercion, which go on overtly
and covertly over a period of time. Thirdly, in spite of
the definition of prostitution having changed from
"the act of a female offering her body for
promiscuous sexual intercourse for hire, whether in
money or in kind, and whether offered immediately
or otherwise" to "sexual exploitation or abuse of
persons for commercial purpose," there is no
perceptible attitude shift in the lawmakers and
enforcers from taking efforts to curb prostitution to
curbing trafficking. Moreover no powers are given to
the Magistrate to order eviction of traffickers.

Thus there exists a need for a specialized legislation

in India to deal with trafficking even though the
existing Indian Penal Code (IPC), 1860, deals with
the offences of kidnapping, abduction, and buying
and selling of minors (Sections 359-373 of IPC). The
IPC is narrower in scope to deal with the wide range
of activities involved in trafficking which do not
neatly fit into "kidnapping" or "abduction." For
example luring, coaxing individuals in vulnerable
positions with false promises of better jobs, contract
work as domestic workers, mail order brides, and
situations where the
women are sold in connivance with the parents or
husband. The IPC is thus less adept in dealing with
the nuances involved in organized trafficking.

In order to ensure effective implementation of the

existing law there is a need for sensitization of all
concerned in the criminal justice system, including
judicial officers, prosecutors, medical experts, Police
officers. Moreover there should be partnership with
the NGOs so as to ensure law enforcement, rescue,
prevention, counseling, rehabilitation, reintegration,
social empowerment etc.

Piloting Good Practices:

1. Compulsory Registration of birth with special focus in

vulnerable areas.

2. More than 70% of victims belong to SC and

backward castes that are desperately poor. Need to
improve the lot of people especially women by
specially targeted programmes.

3. Devise a system to monitor missing persons across district and

state borders.

4. Creating a database on trafficking including routes,

vulnerable areas, information about traffickers and
their whereabouts, information about NGOs working
in this filed in different districts and states,
information about local bodies, Panchayats and self-
help groups in the vulnerable areas.

5. Drawing up specific guidelines for investigation and

prosecution of trafficking.

6. Identifying areas for law reforms in the area of

trafficking including both substantive as well as
procedural law.

7. Coordination among different state police

departments working in this field including sharing
of information regarding interstate traffickers.

8. Permanently closing brothels known for repeated offences.

9. Improvements in victim care at government run

facilities. These shelter homes should have
counselors, nurses, physicians, psychiatrists etc. Such
effort has been made by Maharashtra’s Social
Defense Department in coordination with NGOs
which led to an overall improvement in the
environment of shelter homes.

10. Victim Compensation Fund to be created so as to

provide vocational trainings, give loans etc. so as to
enable victim to become economically independent.

11. Provision for confiscation of property and assets

of traffickers and agents of organized
prostitution/flesh trade.

12. Formation of Community Vigilant groups in vulnerable areas.

13. Setting up of crisis centers at Railway Stations
and bus stops in trafficking prone areas/routes. These
may be manned by a group consisting of NGOs and
police.

14. Drop in centers and night care services for children in red
light areas.

15. Promoting programs to stop second generation

trafficking by providing educational options to the
children of sex workers and other vulnerable children.

Thus the lack of an integrative approach towards

prevention, rescue, repatriation and reintegration
presses for a new legislation and in the view of the
United Nations High Commission there exists a need
for initiation of public information campaigns to
make both potential victims and the general public
aware of the terrible exploitation and possible loss of
life inherent in trafficking in women and children.

9. Write a note on Child Sexual Abuse.

Ans. The World Health Organization (WHO) defines
Child Sexual Abuse (CSA) as the involvement of a
child in sexual activity that he or she does not fully
comprehend, is unable to give informed consent to,
or for which the child is not developmentally
prepared and cannot give consent, or that violates the
laws or social taboos of society. CSA includes an
array of sexual activities like fondling, inviting a
child to touch or be touched sexually, intercourse,
exhibitionism, involving a child in prostitution or
pornography, or online child luring by cyber-
predators.

CSA is a serious problem of considerable magnitude

throughout the world. A recent systematic review of
55 studies from 24 countries found much
heterogeneity in studies in terms of definition and
measurement of CSA and concluded that rates of
CSA ranged from 8 to 31% for females and from 3 to
17% for males.

Child Sexual Abuse in India

Historically, CSA has been a hidden problem in
India, largely ignored in public discourse and by the
criminal justice system. India is second most
populous country in the world and latest Census
reveals that its a home to 17% of the world's
population. Nearly 19% of the world's children live
in India, which constitutes 42 % (more than one
third) of India’s total population and around 50% of
these children are in need of care and protection.
Signing up to the United Nations Convention on the
Rights of the Child in 1992, India promised to
protect its children from all forms of sexual
exploitation and sexual abuse. The Convention
[4]enjoins state machinery to prevent the inducement
or coercion of a child to engage in any unlawful
sexual activity.

Growing concerns about female infanticide, child

rapes and institutional abuse of children led to the
commissioning of the first large scale government
sponsored research study to assess the extent and
nature of child abuse in India. In a shocking
revelation, the Government commissioned survey has
found that more than 53% of Indian children are
subjected to sexual abuse / assault. Majority of these
cases were perpetrated by someone known to the
child or in a position of trust and responsibility,
Not surprisingly, most children did not report the
abuse to anyone. Further, there is regional and rural
& urban variation in the rates and extent of CSA in
the country.

Girls are more vulnerable to sexual abuse, although

boys too reported a high percentage of victimisation
and are subject to greater social stigma. Although
sexual exploitation and abuse is strongly correlated
to poverty, it occurs in families across the
socioeconomic and religious spectrum. However,
factors that facilitate CSA, such as poverty,
overcrowding, extended family living arrangements,
abundance of street children, and lack of recreational
facilities in families are by no means exclusive to
India. Admittedly, their impact might be exaggerated
or intensified given the population density and size in
India. Thus, a complex mix of individual, ecological
and situational factors that are said to facilitate CSA
might account for its prevalence in the Indian
context.
Sexually abused children are severely let down by
systemic failure of the criminal justice system to
redress their grievances and by social ostracism
associated with such abuse. Only 3 % of CSA
offences were reported to the police. It is unsurprising
that CSA is severely under-reported given the shame
and associated socio-cultural stigma, especially if the
abuse is in the context of the family. This
phenomenon is not unique to India but common to
collectivist cultures in other Asian countries where an
individual experience is ignored so as to protect the
family from shame associated with sexual abuse.

Legal response to Child Sexual Abuse

Until recently, CSA was not publicly acknowledged as

a criminal offence in India. Rape was the main, if not
the only, specific sexual offence against children
recognised by law in India. In the absence of specific
legislation, a range of offensive behaviours such as
child sexual assault (not amounting to rape),
harassment, and exploitation for pornography were
never legally sanctioned. Non-Governmental
Organisations (NGOs)
and the central government Ministry of Women and
Child Development were actively engaged in helping
break the conspiracy of silence and have generated
substantial political and popular momentum to
address the issue. This led to increased activism
around child protection issues in the media and public
discourse. This movement spearheaded by the
Ministry of Women and Child Development, led to
the enactment of new legislation called Protection of
Children against Sexual Offences Act, 2012 (POCSO
Act).

Distinctive features of POCSO Act

The POSCO Act was enacted to address criminalising

a range of acts including child rape, sexual assault,
sexual harassment, and pornography involving a child
(under 18 years of age. The law mandates setting up
of Special Courts to facilitate speedy trials in Child
Sexual Abuse cases. Undoubtedly, the passing of
POCSO has been a major
step forward in securing children rights. The letter
and spirit of the law, which defines a child as anyone
under 18 years of age, is to protect children from
sexual abuse.
The POSCO Act provides for stringent punishments,
which have been graded as per the gravity of the
offence. The punishments range from simple to
rigorous imprisonment of varying periods. There is
also provision for fine, which is to be decided by the
Court. An offence is treated as aggravated when
committed by a person in a position of trust or
authority of child such as a member of security
forces, police officer, public servant, etc.

POCSO Act does not use the term and also does not
confine penetrative sex to penile penetration. Instead,
it broadens the offence termed penetrative sexual
assault under the Act to include oral sex, as well as,
insertion of any object into anus, mouth or vagina, in
addition to penile penetrative sex.

In the case of State vs Pankaj Choudhary ,the

Delhi High Court in 2011 prosecuted the accused
only for outraging the modesty of a woman for digital
penetration of the anus and vagina of a 5 year old
child since digital penetration was not recognised as
an offence under the India Penal Code. The decision
was delivered before the enactment of POSCO Act.
However the addition of penetrative assault under the
POSCO, 2012 has increased the cover of protection
for children.

The POSCO Act also criminalises a range of

behaviours as being sexual assaults, short of
penetration. Additionally, the offences of aggravated
penetrative and non-penetrative sexual assault is
made more serious and attract stronger penalties
[8]when committed by a specified range of
perpetrators, in a wide array of situations or
conditions, and/or has a severe impact on the victim.
This includes sexual assault committed by persons in
authority or position of power with respect to a child,
committed by persons in a shared household with the
child, in conditions such as: gang rape, causing
grievous bodily harm, threatening with firearm or
corrosive substances, during communal or sectarian
violence, assaulting a child under 12 years of age, or
one who is physically or mentally disabled, causing a
child to become pregnant, or knowingly assaulting a
pregnant child, or infecting the child with HIV,
repeated assaults, or accompanied by public
degradation. The definition is very comprehensive
and covers a range of possible scenarios. These
provisions has been made keeping in view the greater
vulnerability and innocence of children.

POCSO Act is also forward thinking in many aspects,

in that, the definition of sexual harassment includes
repeatedly or constantly following, watching or
contacting a child either directly, electronically or
through other means thus, covering incidents of child
harassment via sexting or sexual cyber bullying.
However, the interpretation of what might constitute
repeatedly constantly following or contacting a child
with
sexual intent (with the law specifying sexual intent
being a question of fact) is unspecified in the Act and
consequently is potentially contestable. The Act
further penalises abetment of or attempt to commit
any of the offences listed under the Act.

The introduction of Special Court as provided under

the Act plays a pivotal role in how the law and the
evidence may be interpreted. The POSCO Act
provides for Special Courts where trial proceedings
may be conducted in a more sensitive manner with
the victims testimony given either in camera (i.e.
privately), via video-link, or behind curtains or
screens, which is intended not only to reduce trauma
but also protect the identity of the child. It
incorporates child friendly procedures for reporting,
recording of evidence, investigation and trial of
offences.

The POSCO Act recognizes that the intent to commit

an offence, even when unsuccessful for whatever
reason, needs to be penalized. The attempt to commit
an offence has been made liable for punishment for
up to half the punishment prescribed for the
commission of the offence. It also provides for
punishment for abetment of the offence, which is the
same as for the commission of the offence. This
would cover trafficking of children for sexual
purposes. At the same time, to prevent misuse of the
law, punishment has been provided for making false
complaint or proving false information with
malicious intent. Such punishment has been kept
relatively light (six months) to encourage reporting.
If false complaint is made against a child,
punishment is higher (one year).

The media has been barred from disclosing the

identity of the child without the permission of the
Special Court. The punishment for breaching this
provision by media may be from six months to one
year. For speedy trial, the POSCO Act provides for
the evidence of the child to be recorded within a
period of 30 days. Also, the Special Court is to
complete the trial within a period of one year, as far
as possible. To provide for relief and rehabilitation of
the child, as soon as the complaint is made to the
Special Juvenile Police Unit (SJPU) or local police,
these will make immediate arrangements to give the
child, care and protection such as admitting the child
into shelter home or to the nearest hospital within
twenty-four hours of the report. The SJPU or the
local police are also required to report the matter to
the Child Welfare Committee within 24 hours of
recording the complaint, for long term rehabilitation
of the child.

The POSCO Act casts a duty on the Central and State

Governments to spread awareness through media
including the television, radio and the print media at
regular intervals to make the general public, children
as well as their parents and guardians aware of the
provisions of this Act. The National Commission for
the Protection of Child Rights (NCPCR) and State
Commissions for the Protection of Child Rights
(SCPCRs) have been made the designated authority
to monitor the implementation of the Act.
The provisions under the POSCO Act were made
more stringent by the Union Cabinet on July 10,
2019 by proposing amendment in the Act.The
proposed amendments provide for protection of
children from sexual offences in times of natural
calamities and in other situations where children are
administered, in anyway, any hormone or any other
chemical substance to attain sexual maturity for the
purpose of penetrative sexual assault. The notable
aspect is approval to provide death penalty to child
rapist for committing aggravated penetrative sexual
assault against the child.

Major Impediments in implementation of POSCO Act

The Act has faced unforeseen challenges in its

complete implementation. Its implementation is
pathetic in the country and the pace of enforcement is
very slow. While cases registered under POSCO Act
are constantly on the rise including brutal gang rapes,
the rate of conviction is just 4%, acquittal 6 % and
pendency almost 90 %, as per the National Crime
Records Bureau. Some of the notable challenges
faced in the enforcement of the Act are as follows:

a) Administrative pitfalls

As per the provisions of the POSCO Act, the State

Governments in consultation with the Chief Justice
of High Court should designate a Sessions Court as a
Special Court to try offences to facilitate speedy trial.
However, POSCO Act further provides that if a
Sessions Court had been already notified as a
children's court under the Commissions for
Protection of Child Rights act or if any other Special
Court has been designated for similar purposes under
any other law, it could also be considered as a
Special Court under the POSCO Act. Despite the
statutory stipulation that every district should have
an exclusive POCSO court, the directives have been
continuously ignored.

The prime challenge among the effective

implementation of the POSCO Act is the failure to
set up Special Courts to deal with Child Sexual Abuse
in all the districts of the country. Setting up of these
courts was an essential mandate of the Act, the lack
of which has resulted in considerable delay in the
disposal and pendency of the cases registered under
the act.

The apathetic attitude of the State Government's

bureaucracy is reflected by the fact that until and
unless the Supreme Court does not intervene, neither
do they formulate any manual related to a law, nor
do they fulfill other formalities for its
implementation.

b) Lack of expertise to handle the cases

To make the matters worse, the judges appointed to

handle CSA matters are not subject experts as neither
are they provided additional training by the state
government nor do they seriously study the law
pertaining to such cases. As a consequence, they
consider such cases as an additional burden, and
hence, cases of CSA are not dealt effectively and
efficiently as envisaged under the Act.
A classic example of the lack of expertise is reflected
in a judgment passed by a Special Court (actually a
sessions court) in Thane, Maharashtra, on the 22nd of
December 2016 where the court issued a perjury
notice to a 16-year-old minor girl in a case registered
under the POSCO Act The girl had allegedly been
subjected to rape by her father. Although she testified
against her father in the examination-in-chief, she
turned hostile during the final stages of the cross-
examination conducted by the defence counsel. The
trial strategy on part of the defense was similar to the
rape trials involving adult women victims, where
attempts are made to devalue the credibility of the
victim by questioning her sexual history and moral
character.

This step belies the spirit and objectives of the Act,

which stipulates child-friendly atmosphere through
all stages of the judicial process and given paramount
importance to the principle of best interest of the
child. More importantly the Act excludes children
from being punished for providing false information.
In an erroneous move, in this case, the Special Court
relied on the POCSO bill, which had allowed a child
above 16 years filing a false complaint to be sent to
the Juvenile Justice Board for suitable remedial
action. However, this clause was deleted when the bill
was passed by the Rajya Sabha and is not part of the
current law. Unfortunately, in this case, on account
of the ignorance of the judge, a judgment was passed
in compliance to the POCSO Bill and led to this
erroneous decision.

Hence there is an urgent need to educate the medical,

judicial, and law-enforcing agencies about the Act.
Awareness and training of all the stakeholders is one
of the important variables in providing
comprehensive care and justice to children, the future
of our country.

c) Other Challenges

For children who have been sexually abused, the

aftermath of a trial is perhaps of more concern than
the act of getting justice through a potential
conviction. This is particularly true when the
perpetrator of the abuse is a relative or acquaintance
known to the victim, as is the case with 95% of
abused children. If the abuser is a family member,
reporting the case would mean entering the home of
the child, breaking his or her family and probably
putting him or her in a shelter home, which can be
traumatic for the child even if the abuser is jailed.
These concerns also often prevent adult caregivers
from reporting abuse that a child may have disclosed
to them.

Further the police and other officials are not

sensitised enough, children are probed about their
ordeal multiple times, and outside of urban spaces,
there is a dearth of qualified counsellors to provide
emotional support to the child. At the district level,
the childs statement is often taken inside the police
station, or the police go to interview the child in
uniform which will not only be intimidating for a
vulnerable child, but it can also expose the child's
identity in a neighbourhood.

Conclusion
Child Sexual Abuse is a scourge of Indian society and
hence the Act was introduced in 2012. However, no
law can be implemented effectively and efficiently,
without the dedicated and coordinated efforts of the
implementing agencies. A multidimensional
approach is required in this regard, and the onus lies
with the state governments, police department,
judicial system, and medical fraternity to implement
the act in letter and spirit and to respond to these
cases with urgency, empathy, and compassion.
Speedy trials are possible if the judges, their staff,
prosecution, police, and defence coordinate with
each other, failing which concept of special courts
will be defeated. Similarly, doctors also need to be
trained to understand the intricacies and help in
proper scientific collection of various evidences while
examining the child victim of sexual abuse.

Compared to recent years, there is an increase in the

number of cases being reported and the same is due
to the awareness which was able to be created
through various training and awareness programs
along with NGOs and Friends of the Police. To
improve the conviction rate, it is important to speed
up both investigation and trial in court so that the
survivor is not put under pressure to turn hostile. The
trial in POCSO cases should be completed in one
year but instead there is a huge number of cases
pending in the courts. Also the entire process needs to
be more children-friendly.