( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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CRIME AGAINST CHILD IN INDIA: AN OVERVIEW

    1 Author(s):  MRS. KAVITA DHULL

Vol -  1, Issue- 2 ,         Page(s) : 140 - 149  (2010 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Trafficking of children is worldwide phenomenon affecting large numbers of boys and girls every day. Trafficking violates a child’s right to grow up in a family environment and exposes him or her to a range of dangers, including violence and sexual abuse. The welfare of a nation depends on the welfare and well-being of the children of that nation and therefore, they require special protection and attention of the society and the State has an obligation towards its children to look after them. In India, practically, the extent of child prostitution, child pornography and immoral trafficking of child has become a matter of serious concern today, in spite of various plans, actions, and legislative enactment’s etc. Unfortunately, India is one of the leading participants in this horrendous crime mushrooming in different corners of the society. Particularly, the extent of trafficking in women and girl children has reached alarming proportions.

  1.   Sheela Barse v. Union of India, AIR 1986 SC 1873.
  2.   Dr. (Mrs.) Intezar Khan, Child Trafficking in India: A Concern, Dept. of Social Work, Jamia Milia Islamia, New Delhi.
  3.   Chakrabraty, Dr. Manik, International Law on Trafficking in Child for Prostitution: The Indian Experience, published in the book, Law and Child, edited by Chakrabarti, Dr. Nirmal Kanti et al., 2004, p. 150.
  4.   Ibid.
  5.   The Reprts of United Nations General Assembly, 1994.
  6.   UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000.
  7.   It includes Carpet industry, Lock making industry, Bras-ware industry, Hotels and Restaurants, Construction industry, Brick-Kilns, Beedi making industry, Agricultural industry, Garment industry etc. where the children are engaged as child labourers.
  8.   Malik, Krishna Pal, Women and Law, 2009, p. 145.
  9.   NCRB 2005.
  10.   Prerana v. State of Maharashtra, (2003) 1 ILD 438 (Bom).
  11.   UN Convention for the Suppression of Traffic in Persons and of Exploitation of the Prostitution of others, which was approved by the General Assembly Resolution 317 (iv) of 2nd December, 1949. The Government of India in 1950 ratified this convention.
  12.   Menon, N. R. Madhav, Prevention of Immoral Traffic and Restoration of Human Dignity, select materials on Public Legal Education, Legal Services Clinic, National Law of India University, Bangalore, 1991.
  13.   Section 2 (f) of the Immoral Traffic (Prevention) Act, 1956 substituted by Act No. 44 of 1986, section 5 (f) w.e.f. 26th January, 1987. 
  14.   Child means a person who has not completed the age of sixteen years as defined under section 2 (aa) of the Immoral Traffic (Prevention) Act, 1956, inserted by Act No. 44 of 1986, Section 5 (b) w.e.f. 26th January, 1987.
  15.  Minor means a person who has completed the age of sixteen years but has not completed the age of eighteen years as defined under section 2 (cb) of the Immoral Traffic (Prevention) Act, 1956, inserted by Act No. 44 of 1986, Section 5 (e) w.e.f. 26th January, 1987. 
  16.   Major means a person who has completed the age of eighteen years as defined under section 2 (ca) of the Immoral Traffic (Prevention) Act, 1956, inserted by Act No. 44 of 1986, Section 5 (e) w.e.f. 26th January, 1987.
  17.   Section 6 (1), 6 (2) and 6 (2-A). Section 6 (2) and 6 (2-A) are substituted by Act No. 44 of 1986, section 9 (b), w.e.f. 26th January 1987. 
  18.   Section 7 (1) and 7 (1-A). Section 7 (1-A) is inserted by Act No. 44 of 1986, section 9 (b), w.e.f. 26th January 1987.
  19.   Section 14 of the Immoral Traffic (Prevention) Act, 1956.
  20.   Act No. 56 of 2000.
  21.   Under Section 2 (K) of the Juvenile Justice (Care and Protection of Children) Act, 2000, a ‘juvenile’ or ‘child’ means a person who has not completed eighteenth years of age.
  22.  Act No. 93 of 1956. For statement of objects and reasons, see Gazette of India, Extra, 1955, Part II, Section 2, p. 357.
  23.  Section 2 (c) of the Young Persons Harmful Publication Act, 1956. 
  24.   AIR 1990 SC 292.
  25.   See Gaura Jain v. Union of India, AIR 1997 SC 3021.
  26.   AIR 1990 SC 1412.
  27.   Which may include forced sexual exploitation or forced prostitution by the trafficked women and children.
  28.   (1994) 2 SCC 220.
  29.   (2003)1 ILD 438 (Bom). See also Criminal Writ Petition No. 788 of 2002, Mumbai High Court.

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