Child Rights, Legislation and Children Needing Special Care
What to remember
- The UN Convention on the Rights of the Child (1989) defines a child as anyone under 18 and groups rights into survival, development, protection and participation; India ratified it in 1992.
- Key Indian laws: Juvenile Justice Act 2015, POCSO Act 2012, Prohibition of Child Marriage Act 2006, Child Labour Act (amended 2016), Right to Education Act 2009 and the Rights of Persons with Disabilities Act 2016.
- Children needing special care include orphans, street and working children, abused and trafficked children, children in conflict with law and children with disabilities; the Anganwadi worker's role is to identify, support and refer them.
Meaning of child rights
A right is something a child can claim by law and morality. Children are dependent and vulnerable, so they need special protection. Child rights are based on the ideas that every child is equal, that the child's best interest comes first, and that the child has dignity and a voice.
Steps in the history of child rights
- 1924: the Geneva Declaration of the Rights of the Child, by the League of Nations.
- 1959: the UN Declaration of the Rights of the Child (ten principles).
- 20 November 1989: the UN Convention on the Rights of the Child (UNCRC) was adopted; it came into force in 1990. It has 54 articles. India ratified it in 1992.
- 2000: two Optional Protocols, one on the sale of children and child sexual exploitation, and one on children in armed conflict.
Four groups of rights under UNCRC
| Group | Meaning | Examples |
|---|---|---|
| Survival | Right to life and basic health | Nutrition, health care, shelter, clean water |
| Development | Right to grow fully | Education, play, leisure, cultural life, information |
| Protection | Safety from harm | Against abuse, neglect, trafficking, exploitation, child labour |
| Participation | Right to a voice | Express views, form associations, access information |
Four guiding principles: non-discrimination; best interests of the child; right to life, survival and development; respect for the views of the child.
Children's Day in India is 14 November (birthday of Jawaharlal Nehru). Universal Children's Day of the UN is on 20 November.
Constitutional provisions
| Provision | Content |
|---|---|
| Article 15(3) | State can make special laws for women and children |
| Article 21A | Free and compulsory education for children aged 6 to 14 |
| Article 23 | Prohibits trafficking and forced labour |
| Article 24 | No child below 14 to work in a factory, mine or hazardous job |
| Article 39(e) and (f) | Directive principles: protect children from abuse; give opportunities for healthy development in freedom and dignity |
| Article 45 | Early childhood care and education up to six years |
| Article 51A(k) | Fundamental duty of parents or guardians to provide education to a child aged 6 to 14 |
Main laws for children
| Law | Main points |
|---|---|
| Juvenile Justice (Care and Protection of Children) Act, 2015 | Child means under 18. Two categories: children in conflict with law (handled by the Juvenile Justice Board) and children in need of care and protection (handled by the Child Welfare Committee). Provides for observation homes, special homes, places of safety, children's homes, foster care, sponsorship, adoption and after-care. A child aged 16 to 18 accused of a heinous offence may be assessed and tried as an adult. Gives statutory status to the Central Adoption Resource Authority (CARA) |
| Protection of Children from Sexual Offences (POCSO) Act, 2012 | Gender-neutral law against sexual assault, harassment and pornography involving a child under 18; child-friendly procedures; special courts; reporting is mandatory |
| Prohibition of Child Marriage Act, 2006 | Minimum age of marriage 18 for girls and 21 for boys; child marriage is voidable at the option of the child party; offences are punishable; Child Marriage Prohibition Officers are appointed |
| Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (renamed by the 2016 amendment) | Prohibits employment of children under 14 (with limited exceptions such as helping family after school hours or in entertainment); prohibits adolescents (14 to 18) from hazardous work |
| Right of Children to Free and Compulsory Education (RTE) Act, 2009 | Education for 6 to 14 years; neighbourhood school; reservation for disadvantaged children in private schools; prohibits capitation fee and screening tests |
| Commissions for Protection of Child Rights Act, 2005 | Created the National Commission for Protection of Child Rights (NCPCR, set up in 2007) and State commissions |
| Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 | Bans sex determination and sex-selective abortion |
| Guardians and Wards Act, 1890 and Hindu Adoption and Maintenance Act, 1956 | Guardianship and adoption among Hindus; the Juvenile Justice Act allows adoption across communities |
Policies and programmes: National Policy for Children (2013) with its four priority areas of survival, health and nutrition; education and development; protection; participation. National Charter for Children (2003). Integrated Child Protection Scheme (2009), now reorganised as Mission Vatsalya. Childline 1098 is the 24-hour toll-free helpline for children in distress. The Mission Vatsalya scheme supports child care institutions, foster care and adoption support (check the latest official release for details).
Children in need of care and protection
The Juvenile Justice Act lists children who need care and protection, including those who are orphaned or abandoned, homeless or street children, working in violation of law, abused or exploited, trafficked, affected by disaster or conflict, living with unfit parents or in very difficult circumstances, or children with HIV or other serious illness.
Forms of care
- Family-based: adoption, foster care, sponsorship, kinship care (preferred).
- Institutional: children's homes and shelter homes, used as a last resort and for the shortest time.
- After-care: support for youth who leave an institution at 18 to settle into independent life.
- Adoption: governed by CARA and the Adoption Regulations; a child can be adopted only when legally declared free for adoption.
Role of the Anganwadi worker: know every child in her area; watch for neglect, abuse and disability; talk to families; contact Childline 1098, the Child Welfare Committee or the police when a child is at risk; keep the information confidential.
Children with special needs
Children with special needs differ so much from the average that they need special care and education. They include children with disabilities and gifted children.
Types of disability under the Rights of Persons with Disabilities (RPwD) Act, 2016: the Act recognises 21 types, including blindness and low vision, hearing impairment, locomotor disability, cerebral palsy, intellectual disability, autism spectrum disorder, specific learning disabilities (dyslexia, dysgraphia, dyscalculia), mental illness, leprosy-cured persons, acid attack victims, multiple sclerosis, Parkinson's disease, haemophilia, thalassaemia, sickle cell disease and multiple disabilities. Earlier, the Persons with Disabilities Act, 1995 recognised seven types. A "person with benchmark disability" has at least 40 per cent of a specified disability. The Act gives free education to a child with benchmark disability up to 18 years and reserves 4 per cent of government posts for benchmark disabilities.
Intellectual disability classes by IQ (normal about 90 to 110): mild 50 to 70; moderate 35 to 50; severe 20 to 35; profound below 20. IQ = (Mental age ÷ Chronological age) × 100. A child with IQ above 130 is usually called gifted.
| Condition | Key points |
|---|---|
| Down syndrome | Extra chromosome 21 (trisomy 21); intellectual disability, typical facial features |
| Cerebral palsy | Disorder of movement and posture from brain damage around birth |
| Autism spectrum | Difficulty with social interaction and communication, repetitive behaviour |
| Dyslexia | Specific difficulty in reading and spelling |
| ADHD | Inattention, hyperactivity, impulsiveness |
| Hearing impairment | Early use of hearing aids, speech therapy, sign language |
| Visual impairment | Braille, low-vision aids, mobility training |
Early identification and intervention: the Rashtriya Bal Swasthya Karyakram (RBSK, 2013) screens children from birth to 18 for the "4 Ds": defects at birth, diseases, deficiencies and developmental delays including disabilities. District Early Intervention Centres (DEIC) give follow-up. Anganwadi and ASHA workers help in screening and referral.
Education: inclusive education in regular schools with support (Integrated Education for Disabled Children began in 1974 and is now part of Samagra Shiksha), resource rooms, special schools and home-based education for severe cases.
Gifted children need enrichment, acceleration and counselling.
Exam traps
- UNCRC adopted 1989; India ratified in 1992.
- POCSO covers children under 18 and is gender-neutral.
- Child marriage age: 18 for girls and 21 for boys.
- Child Labour Act bars all work below 14 but only hazardous work for 14 to 18.
- Child Welfare Committee deals with children in need of care; Juvenile Justice Board deals with children in conflict with law.
- RPwD Act 2016 lists 21 disabilities; the 1995 Act listed seven.
- RTE covers 6 to 14; Article 45 covers below six.
- Childline number is 1098.
- PCPNDT Act is about sex selection, not child labour.
- Down syndrome is trisomy 21, not trisomy 18.
One-liners
- 1. UNCRC has 54 articles.
- 2. A child is anyone under 18 in UNCRC and Indian child laws.
- 3. Four rights groups: survival, development, protection, participation.
- 4. POCSO was enacted in 2012.
- 5. Juvenile Justice Act was passed in 2015.
- 6. The legal marriage age is 18 for girls and 21 for boys.
- 7. NCPCR was set up in 2007.
- 8. Childline helpline number is 1098.
- 9. RTE Act 2009 supports Article 21A.
- 10. RPwD Act 2016 recognises 21 disabilities.
- 11. Benchmark disability means at least 40 per cent.
- 12. RBSK screens for the "4 Ds".
Practice questions
The UN Convention on the Rights of the Child was adopted in
- 1989
- 2000
- 1959
- 1992
Answer
A. 1989
It was adopted on 20 November 1989; India ratified it in 1992.
Under the UN Convention on the Rights of the Child, a child is a person below the age of
- 21 years
- 14 years
- 12 years
- 18 years
Answer
D. 18 years
The Convention treats every person under 18 as a child.
The POCSO Act was enacted in
- 2005
- 2012
- 1986
- 2020
Answer
B. 2012
The Protection of Children from Sexual Offences Act came in 2012.
The toll-free helpline number for children in distress is
- 181
- 100
- 1098
- 108
Answer
C. 1098
Childline 1098 is the 24-hour helpline for children.
Under the Prohibition of Child Marriage Act, 2006, the minimum marriage age for a girl is
- 18 years
- 21 years
- 16 years
- 20 years
Answer
A. 18 years
18 years for girls and 21 years for boys.
Article 24 of the Constitution prohibits
- Untouchability
- Trafficking of women
- Employment of children below 14 in factories, mines and hazardous work
- Compulsory military service
Answer
C. Employment of children below 14 in factories, mines and hazardous work
Article 24 bans employment of children under 14 in hazardous occupations.
The National Commission for Protection of Child Rights was created under the
- POCSO Act, 2012
- Commissions for Protection of Child Rights Act, 2005
- RTE Act, 2009
- Juvenile Justice Act, 2015
Answer
B. Commissions for Protection of Child Rights Act, 2005
The 2005 Act created NCPCR, which began working in 2007.
The Rights of Persons with Disabilities Act, 2016 recognises how many types of disability?
- 14
- 7
- 25
- 21
Answer
D. 21
The 2016 Act raised the number from seven to 21.
Children's Day in India is observed on
- 14 November
- 1 January
- 5 September
- 20 November
Answer
A. 14 November
14 November is Jawaharlal Nehru's birthday.
Which of the following is NOT one of the four groups of rights under UNCRC?
- Participation
- Survival
- Protection
- Employment
Answer
D. Employment
The groups are survival, development, protection and participation.
Down syndrome is caused by
- Loss of the X chromosome
- Trisomy 21
- A virus infection after birth
- Trisomy 18
Answer
B. Trisomy 21
An extra copy of chromosome 21 causes Down syndrome.
A child with an IQ above which value is usually considered gifted?
- 90
- 110
- 130
- 70
Answer
C. 130
An IQ above about 130 is generally called gifted.
The Child Welfare Committee under the Juvenile Justice Act deals with
- Children in conflict with law
- Child marriage cases only
- Children in need of care and protection
- Adult offenders
Answer
C. Children in need of care and protection
CWCs decide on care, shelter and rehabilitation of children needing protection.
The Juvenile Justice Board deals with
- Children in conflict with law
- Adoption of infants
- Trafficked children needing shelter
- Orphaned children
Answer
A. Children in conflict with law
JJBs hear cases of children alleged to have committed an offence.
Article 21A provides free and compulsory education to children aged
- 14 to 18 years
- 6 to 14 years
- 3 to 6 years
- 0 to 6 years
Answer
B. 6 to 14 years
The RTE Act 2009 gives effect to Article 21A.
Article 51A(k) makes it a fundamental duty of
- Teachers to give free tuition
- Employers to run creches
- The State to open schools
- Parents or guardians to educate a child aged 6 to 14
Answer
D. Parents or guardians to educate a child aged 6 to 14
The 86th Amendment added this duty.
Under the Juvenile Justice Act, 2015, a 17-year-old accused of a heinous offence
- May be assessed and tried as an adult
- Is never examined
- Is sent to an anganwadi
- Is always tried as an adult
Answer
A. May be assessed and tried as an adult
Children aged 16 to 18 accused of heinous offences may be assessed and tried as adults.
Under the Child Labour Act as amended in 2016, adolescents aged 14 to 18 are prohibited from
- Helping at home
- Attending school
- Hazardous work
- Learning a skill
Answer
C. Hazardous work
They may do non-hazardous work; hazardous work is banned.
The Rashtriya Bal Swasthya Karyakram screens for the 4 Ds. Which is NOT one of them?
- Developmental delays
- Defects at birth
- Deficiencies
- Disasters
Answer
D. Disasters
The 4 Ds are defects at birth, diseases, deficiencies and developmental delays.
Foster care means
- Permanent legal adoption
- Temporary family-based care for a child
- Placing a child in a jail
- Boarding school admission
Answer
B. Temporary family-based care for a child
A foster family cares for a child for a period without permanent transfer of legal parenthood.
The IQ range of mild intellectual disability is about
- 35 to 50
- 50 to 70
- Below 20
- 20 to 35
Answer
B. 50 to 70
Mild 50 to 70, moderate 35 to 50, severe 20 to 35, profound below 20.
The Central Adoption Resource Authority (CARA) is the
- Agency for polio eradication
- Commission for child labour
- Nodal body for adoption in India
- Board for school education
Answer
C. Nodal body for adoption in India
CARA regulates adoption and was given statutory status by the Juvenile Justice Act 2015.
The Integrated Child Protection Scheme was later reorganised as
- Samagra Shiksha
- Beti Bachao Beti Padhao
- Poshan Abhiyaan
- Mission Vatsalya
Answer
D. Mission Vatsalya
Mission Vatsalya is the current umbrella scheme for child protection.
Dyslexia is a specific difficulty in
- Reading and spelling
- Seeing colours
- Walking
- Hearing
Answer
A. Reading and spelling
It is a specific learning disability affecting reading.
An Anganwadi worker sees a child begging at a bus stop. The best step is to
- Ignore it
- Inform Childline 1098 or the Child Welfare Committee
- Give coins to the child
- Take the child home secretly
Answer
B. Inform Childline 1098 or the Child Welfare Committee
Such a child needs care and protection and must be reported through proper channels.
A child has a mental age of 8 years and a chronological age of 10 years. The IQ is
- 80
- 18
- 100
- 125
Answer
A. 80
IQ = (8 ÷ 10) × 100 = 80.
A child has a mental age of 12 years and a chronological age of 10 years. The IQ is
- 83
- 22
- 102
- 120
Answer
D. 120
IQ = (12 ÷ 10) × 100 = 120.
The PCPNDT Act of 1994 prohibits
- School fees
- Child labour
- Sex determination before birth
- Child marriage
Answer
C. Sex determination before birth
It bans pre-natal sex determination and sex-selective abortion.
Which Article of the Constitution prohibits human trafficking and forced labour?
- Article 24
- Article 45
- Article 21A
- Article 23
Answer
D. Article 23
Article 23 prohibits trafficking and forced labour; Article 24 deals with child labour in hazardous jobs.
Which pair is correctly matched?
- Article 21A - child labour
- Article 24 - free education
- Article 23 - trafficking
- Article 45 - education for 6 to 14 years
Answer
C. Article 23 - trafficking
Article 21A is education for 6 to 14, Article 24 is hazardous child labour, Article 45 is early childhood care.
Consider the statements. 1. The UNCRC has 54 articles. 2. The UNCRC defines a child as a person below 18 years. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Consider the statements. 1. The POCSO Act is gender-neutral. 2. The POCSO Act applies only to girls. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
A. 1 only
POCSO protects all children below 18, boys and girls.
Consider the statements. 1. The minimum marriage age for girls is 21 years. 2. The minimum marriage age for boys is 21 years. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
B. 2 only
Girls 18 and boys 21 under the 2006 Act.
Consider the statements. 1. The Child Labour Act bars all work of adolescents aged 14 to 18. 2. The RTE Act covers children aged 3 to 6. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
D. Neither 1 nor 2
Adolescents are barred only from hazardous work, and the RTE Act covers 6 to 14 years.
Consider the statements. 1. The Child Welfare Committee deals with children in need of care and protection. 2. The Juvenile Justice Board deals with children in need of care and protection. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
A. 1 only
The Board handles children in conflict with law.
Consider the statements. 1. The RPwD Act 2016 recognises 21 disabilities. 2. Benchmark disability means at least 40 per cent of a specified disability. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Consider the statements. 1. The PCPNDT Act deals with child marriage. 2. The PCPNDT Act bans sex determination. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
B. 2 only
The Act is about sex-selection, not marriage.
Consider the statements. 1. Down syndrome is caused by trisomy 18. 2. Dyslexia is a hearing disability. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
D. Neither 1 nor 2
Down syndrome is trisomy 21 and dyslexia is a reading difficulty.
Consider the statements. 1. Childline 1098 helps children in distress. 2. Childline is meant only for adults. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
A. 1 only
Childline is a helpline for children.
Consider the statements. 1. Adoption is regulated by CARA. 2. Foster care is family-based care. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Consider the statements. 1. Institutional care should be the first choice for every child. 2. Institutional care should be a last resort for the shortest time. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
B. 2 only
Family-based care is preferred.
Consider the statements. 1. The RTE Act applies to children aged 14 to 18. 2. Article 24 allows children under 14 to work in mines. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
D. Neither 1 nor 2
RTE covers 6 to 14 and Article 24 prohibits such work.
Consider the statements. 1. The Geneva Declaration of the Rights of the Child was made in 1924. 2. The UNCRC was adopted in 1924. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
A. 1 only
The UNCRC was adopted in 1989.
Consider the statements. 1. A gifted child has an IQ above about 130. 2. Profound intellectual disability means IQ below 20. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
C. Both 1 and 2
Both are standard classifications.
Consider the statements. 1. An Anganwadi worker should publicise the identity of an abused child. 2. She should keep the information confidential and refer the child to the proper authority. Which is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
B. 2 only
Confidentiality protects the child.