An analysis of the effectivity of child protection legislation and policies

Ronnie, Zubin (2021) An analysis of the effectivity of child protection legislation and policies. Law Essentials Journal, 1 (3). pp. 57-65. ISSN 2582-6735

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Abstract

India is a nation endowed with the privilege of a pervasive Constitution as well as being established as one of the largest bodies of legislation within the international community. Such complexity in applicable legislation arises from the attempt to integrate a diverse, multi-cultural collective within the ambit of a single Constitutional document and thereby enforce appropriate statutes to confront the inhibitions and violations of the same that arise. With such cohabitation also comes communal disparity and divide that are borne out of the difference in governance and social belief - be it religious, caste based, cultural, economic, or even based on sexuality and gender. However, such overlapping legislations pertain primarily to the citizens who have reached majority - adults who are entitled to a vote in choice of governance and governing policy. This system thereby creates a blind-spot in legislative redressal - children. Children and youth below the age of majority (which in India, means to be 18 years of age) are most affected by the intersection of the mentioned factors - they thereby become the most susceptible to the products of communal animosity while simultaneously falling victim to inefficiency of laws drawn up by the legislature. This article thus attempts to analyse the implications of the statutes presently in force and thereby address the lacunae and pitfalls of the instituted avenues of legal pursuance in child protection policies in India. Scrutinized spheres of legality will include sexual offences, child marriage, child labour, juvenile detention/correction programs and emancipation rules.

Item Type: Article
Keywords: Child labour | Juvenile detention
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 29 Mar 2022 15:34
Last Modified: 29 Mar 2022 15:34
Official URL: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?han...
URI: https://pure.jgu.edu.in/id/eprint/1947

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