Women and Child Protection Rights

INTRODUCTION

Every human in existence deserves all the instinctive rights and freedoms; simply because they are human beings. Unfortunately, if we look at everything from the glasses of society, it is in view of two classifications of weaker ones and the stronger ones. That is why children and women are the most vulnerable groups in human society; because both are considered weak, former by gender, and latter by age. Globally in 2017, about 49.6% of the world’s population consisted of women; and about 26% of the world’s population is under 15 years of age according to the 2019 report. This means both the groups don’t just have a significant contribution in population; but also the other aspects like economics, social welfare, domestic sphere, politics, etc. But reality is too far from what idealistic parameters pronounce.

Most of the population from these two groups are oppressed; they are easy prey to the strangles in the hands of patriarchal and uncultivated society. These two groups struggle every day for the basic rights of life, health, food, education, etc. There is an implementation of so many laws, protection policies, etc. internationally as well as nation wise; but because of the association of stigmatized notions with these two groups, even the most civilized societies fail to get the vulnerable groups up to the mark in the ‘presumably’ modern and evolved world.

WOMEN PROTECTION RIGHTS AND LAWS

HISTORY

From ancient societies to present societies, various rights get denied for women. Some societies took her as men’s property, while some saw her as mysterious creatures; In some others like in Ancient Egypt and Indian, women enjoy equal rights with men.

July 13, 1848 marks the declaration of the Women Rights Movement. Also called by many other names like Suffrage Movement or First wave Movement or Feminist Movement; Elizabeth Cady Stanton launched it at the tea meeting with friends at Seneca Falls, New York on July 19, 1848. It was decided to uphold and stand for their rights to vote in the newly independent Democratic and Republican America.
After 72-year long activism women got the right to vote in 1920. 1960 marks The Second Wave of Women Rights Movement; Esther Peterson, director of the Women’s Bureau, considered it the government’s responsibility to take an active role in addressing discrimination against women. This movement was different from the Suffrage Movement. It not only drew the attention towards women’s rights in the political sphere; but also domestic rights, marital rights, reproductive rights, sexuality, etc., changing the whole spectrum.

There were many organizations, parties, and amendments, etc. which were launched after this movement; but even today several issues are laying in the societal lap. And these are surprisingly similar to the issues raised by Elizabeth Cady Stanton at the tea meeting in 1848. Today many women love to call themselves feminists and part of Third Wave Movement. But they are living the legacy of the same thorny issues that rose some 170 years ago.

WOMEN RIGHTS AT INTERNATIONAL LEVEL

The Universal Declaration of Human Rights is a milestone document in the history of human beings. It was proclaimed by the United Nations General Assembly in Paris on December 10, 1948. Human Rights Declaration proclaimed that “violation of women’s rights in violation of basic human rights.”

 Reaffirming the spirit of the Human Rights Declaration, Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) was adopted by the United Nations on December 18, 1979. By 2oth anniversary, more than 100 nations agreed to bind by the provisions of the convention. The convention focuses mainly on three dimensions of women’s rights; (1) Civil and legal rights (2) Reproductive Rights (3) Impact of cultural factors on gender relations.

I. PROVISIONS IN THE CONVENTION REGARDING WOMEN’S CIVIL AND LEGAL RIGHTS:

Article 7- Women’s right to vote, right to hold public office, and to exercise public functions.

Article 8- Assures equal rights for women to represent their countries at the international level.

Article 9- This provision was integrated with the 1957 convention on the nationality of married women; uphold the statehood of women irrespective of their marital status.

Article 10, 11, and 13- Women’s right to non- discrimination in education, employment, and economic and social activities.

Article 14- Demands special emphasis concerning rural women and their situation.

Article 15- Asserts full equality of women in civil and business matters.

Article 16- Choice of spouse, parenthood, personal rights and commands over property.

II. PROVISIONS IN THE CONVENTION REGARDING WOMEN’S REPRODUCTIVE RIGHTS:

Article 4- Special measures for maternity protection.

Article 5- Advocates maternity as full social function and child must be reared equally by both sexes.

Convention also reaffirms the women’s right to reproductive choice. This is the only treaty (CEDAW) which mentions family planning as a human right.

III. CULTURAL AND TRADITIONAL NORMS RESTRICTING WOMEN’S RIGHTS

Article 10- Mandates the revision of textbooks, school programs, and teaching methods with a view of eliminating stereotyped concepts in the field of education.

Convention stresses that the change of traditional roles of men and women in the family will help to achieve equality. States must take steps according to the Convention; towards breaking and eliminating prejudices and customary concepts which are based on the inferiority and superiority of genders. The provisions of the Convention target the cultural pattern. The pattern which, defines the public realm as a man’s world and the domestic sphere as a woman’s domain.

REPORT OF THE FOURTH WORLD CONFERENCE (BEIJING) ON WOMEN

It was held in Beijing from 4 to 15 September 1995. This conference was a rallying cry to embed gender equality and women’s rights in every facet of life; with reaffirming the fundamental principle that the rights of women and girls are an “inalienable, integral and indivisible part of Universal Human Rights”. The pivotal part of this report is its definition of Violence which is broad. It includes “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”

REGIONAL TREATIES:

AFRICA:  The rights of women in Africa are taken up by The Protocol of the African Charter on the Rights of Women; which is also known as “Maputo Protocol”. It is an international instrument that came into effect on 25 November 2005 addressing most importantly the issues of Female Genital Mutilation[1]. It specifies the women’s right to dignity (Article 3), the problem of women trafficking (Article 4), the right to equality in marriage (Article 6), and the right to decide to bear children (Article 14).

AMERICA: the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the “Convention of Belem Do Para” recognizes women’s rights in both public and private spheres. The States must reassure that women are prevented from violence. And can freely exercise their civil, political, economic, social and cultural rights (Article 5); Impose duties on the States to prevent, punish and eradicate violence against women; and undertake measures to eradicate cultural and social factors contributing in this violence (Article 7).

EUROPE: the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, similar to the “Istanbul Convention” entered into force on August 1, 2014. The Istanbul Convention constitutes of 10-15 experts mechanism that monitors implementation of the provisions of the convention. It recognizes violent acts against women like sexual harassment, rape, forced marriage, honor crimes, genital mutilation, and other forms of violence as an obstacle in the way of achieving equality between men and women.

ARAB: League of Arab States, Arab Charter on Human Rights entered into force March 15, 2008. Based on the Arab faith that every human whom God has exalted deserves dignity. It also focuses on the Arab civilization which has been a cradle for lofty human values; affirming the human right to every individual to a decent life based on freedom, justice, and equality.

OTHER INTERNATIONAL CONVENTIONS, TREATIES, AND CHARTERS ETC. PROCLAIMING WOMEN’S RIGHTS:

1. African Charter on the Rights and Welfare of the Child (Article 14(e)).
2. African Charter on Democracy, Elections, and Governance (Article 8(2), 29, and 43).
3. American Declaration of the Rights and Duties of Man (Articles 2 and 7).
4. American Convention on Human Rights (Articles 1(1), 6(1), 27(1)).
5. Convention on the Nationality of Married Women.
6. Convention on the Political Rights of Women.
7. European Social Charter (Articles 4(3), 8 and 27).
8. International Covenant on Economic, Social, and Cultural Rights (Articles 2, 3, and 7 (i)).
9. International Covenant on Civil and Political Rights (Articles 2, 3 and 26).
10. Inter-American Convention on the Granting of Civil Rights to Women.

WOMEN’S RIGHTS IN INDIA

In the long-lasting history of India women have faced numerous variations in their status and position in different aspects of life. In ancient India, it is believed that women enjoyed all sorts of freedom. India is marked as one of the most modern societies among other ancient cultures like Greece, Rome, China, Egypt, etc. Works by ancient Indian grammarians such as Patanjali and Katyayana suggest that women were educated in the early Vedic period. Rigvedic verses suggest that women married at a mature age and were probably free to select their husbands in a practice called swayamvar or live-in relationship called Gandharva marriage.

But with the changing times, came conservative rulers. With a race to conquer India by enslaving its women, the place of the women turned from Goddess to a mere domestic slave. Some of the acts or violations straining the women’s freedom and basic rights include, Sati Pratha, Dowry, Honor Killing, Female feticide and infanticide, child marriage, abortion, witchcraft killing, taboo regarding widows, etc.

LAWS PROTECTING THE WOMEN’S RIGHTS IN INDIA –

There are two types of laws in India relating to the protection of women’s rights: (1) Constitutional Rights (2) Legal Rights.

• Constitutional Provisions: these are those rights that are enshrined in the Constitution of India. Some of these are listed below:
  • The general provision of the Right to Equality (Article 14).
  • Prohibition of discrimination based on sex (Article 15(1)).
  • The state is empowered to make any special provision for women (Article 15(3)).
  • No citizen shall be discriminated against on the basis of sex for eligibility for any employment or office under the state (Article 16(2)).
  • Human Trafficking and Forced Labor are prohibited (Article 23(1)).
  • Securing the equal right of men and women to an adequate means of livelihood by the State (Article 39(a)).
  • Securing equal pay for equal work for both Indian men and women by the State (Article 39(d).
  • The state is required to ensure that the health and strength of women workers are not abused; and that they are not forced by economic necessity to enter avocations unsuited to their strength (Article 39(e)).
  • The state shall make provision for securing just and humane conditions of work and maternity relief (Article 42).
  • It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women (Article 51-A (e)).
  • Reservation of filling of one-third of the total number of seats in direct election in every Panchayat for women (Article 243-D (3)).
  • Reservation of one-third of the total number of offices of chairpersons in the Panchayats at each level for women(Article 243-D (4)).
  • One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women (Article 243-T (3)).
  • The offices of chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may provide (Article 243-T (4)).

• Legal Rights: Legal rights are those rights which have been implemented in India from time to time; according to the need and increasing crimes and violations against the rights of women. Some of them are listed below:
  1. Guardians & Wards Act, 1890
  2. Indian Penal Code, 1860
  3. Christian Marriage Act, 1872
  4. Indian Evidence Act, 1872
  5. Married Women’s Property Act, 1874
  6. Workmen’s compensation Act, 1923
  7. Indian Successions Act, 1925
  8. Immoral Traffic (Prevention) Act, 1956
  9. Dowry Prohibition Act, 1961
  10. Commission of Sati(Prevention) Act, 1987
  11. Cinematograph Act, 1952
  12. Births, Deaths & Marriages Registration Act, 1886
  13. Minimum Wages Act, 1948
  14. Prevention of Children from Sexual Offences Act, 2012
  15. Child Marriage Restraint Act, 1929
  16. Muslim Personal Law (Shariat) Application,1937
  17. Indecent Representation of Women(Prevention) Act,1986
  18. Special Marriage Act, 1954
  19. Hindu Marriage Act, 1955
  20. Hindu Successions Act, 1956
  21. Foreign Marriage Act, 1969
  22. Family Courts Act, 1984
  23. Maternity Benefit Act, 1961
  24. Hindu Adoption & Maintenance ACT, 1956
  25. Code of Criminal Procedure, 1973
  26. Medical Termination of Pregnancy Act, 1971
  27. National Commission for Women Act, 1990
  28. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
  29. Protection of Women from Domestic Violence Act, 2005
  30. Sexual Harassment of Women at Work Place (Prevention, Prohibition & Redressal) Act, 2013
  31. Indian Divorce Act, 1969
  32. Equal Remuneration Act, 1976
  33. Hindu Widows Remarriage Act, 1856
  34. Muslim women (protection of rights on divorce) Act, 1986

MINISTRY OF WOMEN AND CHILD DEVELOPMENT- The Ministry is governed by Smt. Smriti Irani having held the portfolio since May 2019. It was earlier set up in 1985 as a part of the Ministry of Human Resource Development. Keeping in view the need for holistic development of women and children in India it has upgraded from a department to a Ministry from January 30, 2006. Ministry looks into the matters related to crimes against women and children, reasons behind the increasing crimes, formulates policies, plans, programs, enact/amend legislation, guides NGOs which are working for women and child development. Besides this, Ministry organizes welfare programs for employment and income generation, awareness generation, and gender sensitization. The Ministry has 6 autonomous organizations working under its aegis:

• National Institute of Public Cooperation
• National Commission for Women (NCW)
• Central Adoption Resource Agency (CARA)
• National Commission for Protection of Child Rights (NCPCR)
• Central Social Welfare Board (CSWB)
• Rashtriya Mahila Kosh (RMK)

JUDICIARY- CHANGING COURSE OF WOMEN’S RIGHTS

For the past few decades, the Indian judiciary has taken up outstanding steps for improving, preventing and protecting the political, sexual, personal as well as social rights of women. There are some Landmark judgments discussed below upheld by Indian Judiciary in favor of women:

1. Vishakha & Ors. v. State of Rajasthan & Ors.[2] – Bhanwari Devi, a social worker (satin) in Rajasthan was working with a state government program to prevent child marriages. At one such instance, she tried unsuccessfully to protest against and stop a child marriage of a one-year-old infant. She was raped by the family head and five other men in front of her husband.  Consequentially, Vishakha (group for women’s education and research) along with four other women organizations filed a writ petition in the Supreme Court on the issue of sexual harassment of women at workplace and the absence of any protection — to enforce Fundamental Rights of working women under Articles 14, 19 and 21 of the Indian Constitution. In 1997, the court ordered the framing of such guidelines as ‘Vishakha Guidelines’ to be practiced at workplaces by the employers. These guidelines eventually formed the basis of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — an extremely important law to protect millions of Indian women who step out of their households to earn a living for their families.
2. Laxmi v. Union of India[3]– an acid attack victim, Laxmi filed a Public Interest Litigation (PIL) in the Supreme Court praying for the betterment of the acid attack survivors, adequate compensation to the victim, and measures to regulate the sale of acid. Laxmi was a minor when she was attacked by three men in New Delhi as she refused to marry a man named Naeem Khan. She faced severe physical and mental trauma. In 2013, the Supreme Court took cognizance of the rise in cases of acid attacks on women; and consequently imposed strict regulations on the sale of acid, including a ban on the sale of acid over-the-counter and to a person below 18 years. Dealers can sell acid to a person only after furnishing a valid identity proof and the need for the purchase. Also, the dealer must submit the details of the sale within three days to the police. The judgment also amended Croc requiring the government to compensate the victim, amendment in IPC and inclusion of separate section specifically dealing with acid attacks, minimum compensation of Rs 3, 00,000/- to be given to every acid attack victim, full and free medical treatment and assistance to be provided to the victim even by private hospitals and no hospital or clinic can refuse treatment.
3. Mukesh & Anr v. State of NCT of Delhi & Ors.- this case also known as NIRBHAYA RAPE CASE; is known for the most heinous crime committed in the history of India where the 23-year-old female physiotherapy intern was beaten, gang-raped, and tortured in a private bus in which she was traveling with her male friend. The case involved a rape and fatal assault that occurred on 16 December 2012 in Munirka, a neighborhood in South Delhi. Indian Penal Code, 1860 was consequentially amended in 2013[4]. After rejecting all the petitions of rapists, they were executed to a death sentence on March 20, 2020; once again strengthening the trust of Indians in the Justice System. Kathua Gang Rape Case in 2017 has once again questioned the Indian society, norms, legislation, and political atmosphere. This case was responsible for bringing in Amendment in Indian Penal Code, 2018.[5]
4.  Shayara Bano v. Union of India (2017)– In this case, the Supreme Court declared the practice of Instant Triple Talaq (talak-e-biddat) un-Islamic and against the basic tenets of the Quran. Shayara Bano had challenged the practice when her husband of 15 years invoked instant triple talaq. The court questioned the custom which is theologically sinful and why was it still part of the practice of a community. The court also directed the government to bring a legislation to this effect within six months. The government introduced the Muslim Women (Protection of Rights on Marriage) Act 2019:
   • Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken  or written or in electronic form or any other manner whatsoever, shall be void and illegal;
   • Any Muslim husband who pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
5. Indian Young Lawyers Association v. The State Of Kerala- is famously known as Sabrimala Temple Case. The temple in Kerala – a shrine of Lord Ayyappa – had an age-old tradition of not allowing women of menstruating age to enter the premises. The practice was questioned in the court through a petition and in September 2018, the Supreme Court of India ruled that women of all age groups can enter Sabarimala Temple. The court initially lifted the ban and termed it as a violation of women’s right to practice religion before going on to place it for review before a larger bench in November 2019. The Apex Court said restrictions on women in religious places were not limited to Sabarimala alone and was prevalent in other religions as well. This was about the review pleas for larger bench seeking review of its 2018 ruling that allowed menstruating women to enter the Sabarimala Temple in Kerala.

WOMEN’S RIGHTS ISSUES

Despite international as well as nation wise laws and obligations women around the world continue to face the abuses and violations of these laws. Some of the violations and issues related the women’s rights are listed below:

1. Violence against women: UN declaration on the elimination of violence against women defined violence as “ any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”. The definition is wide enough to include all forms of violence prevalent against women. These acts of violence can be broadly classified under three heads: Sexual violence, Female Genital Mutilation, and Domestic violence.
2. Sexual and Reproductive Rights and Health: Sexual and reproductive health is critical to women’s overall health. Under international human rights law, e.g. CEDAW Committee, states must ensure that all women have access to comprehensive reproductive health services. The issues covered under this head are: Abortion, Forced Sterilization, and Medically Assisted Procreation. Various laws have been implemented for addressing these issues but there are many issues unaddressed such as contraception, conception, and family planning.
3. Political and Civil Participation: Forgetting political and civil participation, internationally there has been seen a lot of struggle by women to get their equal status with that of men. There are broadly two spheres covered under political and civil rights such as: Education and Political and Public Life. Education gives further freedom for equal participation in politics as well as civil life.
4. Marriage: Marriage related laws have been implemented in different countries and internationally also to assure women the rights before and after marriage. The underlying idea of protecting her marital rights is that she must not be treated as the property of her husband but as an individual with equal rights and duties. Under this head, the most covered issue that comes up time and again is Family and parental rights which are mostly denied to women. Family planning, refusal to pass her surname to her children, and her removing her father’s surname when she gets married.
5. Human Trafficking: This is a global problem that disproportionately affects women and girls. The United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children provide an international framework to prevent and punish the traffickers. It also protects the victims.
6. Labor and Employment: This head covers various issues related to the equality of women in work opportunities, employment. This aspect plays an important role in breaking the stereotypes, stigmas, prejudices, etc. regarding the division of labor between men and women creating inferior and superior differences. According to CEDAW, both men and women are equally entitled to: Work, Employment Opportunities, Choice of Profession, Equal salary and wages, etc.
7. Property: CEDAW specifically protects the rights of women to administer property and to enjoy property rights equal to those of a male souse under law. Article 16 (legal personhood) of the Human Rights Committee assures to protect the capacity of women to own property as an element of the right to recognition as a person before the law.
8. Women Human Rights Defenders: Those who promote and protect Human Rights must be acknowledged and also guarded from abuses and against impunity for offenders.

CHILD PROTECTION RIGHTS AND LAWS

HISTORY

In the late nineteenth century in the U.S.A. a progressive movement challenged the court’s reluctance to interfere in the family matters, promoted child welfare reforms, and was successful in passing laws to regulate child labor and compulsory education, it also raised awareness of children issues and established juvenile courts. Another push for children rights came in1960s and 1970s when children were viewed as victims of discrimination or as an oppressed group.

CHILDREN’S RIGHTS AT INTERNATIONAL LEVEL

GLOBAL INTERNATIONAL DOCUMENTATION:

1. DECLARATION OF RIGHTS OF THE CHILD (1959):- DRC builds upon rights that had been outlined in League of Nations Declaration of 1924 and calls upon voluntary organizations and local authorities to strive for the observance of children’s rights. It focused on certain key principles like a child to enjoy “special protection” as well as opportunities and facilities by law and other means. Paramount consideration is the best interests of the child. A child is entitled to a name and nationality, to adequate nutrition, housing, recreation, and medical services, to an education and protection against neglect, cruelty and exploitation, trafficking, underage labor, and discrimination.
2. MINIMUM AGE CONVENTION (1973):- Minimum age of employment is to be set with a view to achieving total abolition of child labor. Every state party to the convention has to pursue a national policy to ensure the effective abolition of child labor and to raise the minimum age for admission to employment to a level consistent with fullest physical and mental development, certain exceptions to age limits for light work or participation in artistic performances.
3. UN CONVENTION ON RIGHTS OF THE CHILD (1989):- The CRC is the most comprehensive document on child rights and the longest UN Human Rights treaty in force addresses granting of rights not only in peacetime but also during armed conflict. CRC has 4 principles: Participation by children in decisions affecting them, Protection of children against discrimination, neglect and exploitation, Prevention of harm, Provision of assistance for basic needs.CRC creates new rights for children under international law that were unprecedented and enshrines in a global treaty rights which were hitherto found in case law under regional human rights treaties, CRC also replaced non-binding recommendations with binding standards.

REGIONAL DOCUMENTATION:

1. AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD (1990):- This was the first regional treaty on children’s rights. Most provisions are modeled after those of the CRC. A child is defined as every human below 18 years of age. ACRWC sets forth principles of non-discrimination and best interests of the child and also provides that children have an inherent right to life, protected by law.
2. EUROPEAN CONVENTION ON EXERCISE OF CHILDREN’S RIGHTS (1996):- ECECR stresses in the Preamble the aim of promoting the rights and & best interests of children. ECECR applies to children who have not reached the age of 18. ECECR procedural rights include the child’s rights to be informed and to express his or her views in proceedings, the right to apply for the appointment of a special representative, etc.

SPECIFIC PROVISIONS IN OTHER INTERNATIONAL AND REGIONAL INSTRUMENTS

1. UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948):- UDHR contains articles specific to children that motherhood and childhood should be protected and education should be provided to all.
2. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (1966):- It recognizes the indivisibility of human rights. Article 10 has specific references to children’s care and protection in a family and also should not be employed in hazardous conditions and Article 12 deals with the mental and physical health of children and realizes that states should work for the reduction of stillbirth rate and infant mortality and healthy development of the child.
3. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (1966):- ICCPR contains general provisions from which children are entitled to benefit as well as certain specificprovisions on safeguards for children in the administration of justice and as members of the family unit.Article 24 is specifically devoted to children and stipulates that every child shall have withoutany discrimination the right to such measures of protection as is required by his status as aminor, on the part of his family, society and state.
4. CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (1979):- CEDAW refers to the interest of children as being paramount concerningthe common responsibility of men and women in matters of guardianship wardship, trusteeshipand adoption of children. CEDAW also calls for action to specify a minimum age for marriage andto make marriage registration compulsory.

VIOLATIONS OF CHILDREN RIGHTS IN INDIA AND THEIR PROTECTION:

I. SEXUAL OFFENCES: These include female feticide, infanticide, and selective abortion based on the sex determination.

The main law for prosecuting persons who are engaging in sex-selective abortion is the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The offenses under the Act include the following.

Conducting or associating or helping in the conduct of PND techniques/tests in an un-registered unit

Sex selection on a woman or a man or both or any tissue, embryo, concepts fluid or gametes derived from either or both of them

Taking the services of an unqualified person, whether on an honorary or payment basis.

Conducting a PND test for any purpose other than those mentioned as permissible in the Act.

Sale, distribution, supply, renting, allowance, or authorization of use of any ultrasound machine or any other equipment capable of detecting sex of a fetus to non-registered units. 

Advertisement or communication in any form in print, electronic media, or internet by units, medical professionals, or companies on the availability of sex determination and sex selection in the form of services, medicines, or any kind of techniques, methods, or ayurvedic medicines.

Apart from this law, the following sections from the Indian Penal Code, 1860 are also important:

• When death is caused by a person (Section 299 and Section 300).
• Voluntarily cause a pregnant woman to miscarry the unborn baby (Section 312).
• Act done with intent to prevent a child from being born alive or to cause it to die after birth (Section 315).
• Causing the death of an unborn child (Section 316).
• Exposing and abandoning of a child below 12 years (Section 317).
• Concealing the birth of a child by secretly disposing of her/his body (Section 318).
• The punishment for these offenses extends from two years up to life imprisonment, or fine or both.

II. CHILD MARRIAGE:

Prohibition of Child Marriage Act, 2006 envisages preventing child marriages with enhanced punishments of rigorous imprisonment for two years and/or fine of INR 1 lakh. It defines a child to mean a male below 21 years and a female below 18 years. A minor is defined as a person who has not attained the age of majority as per the Majority Act. There are provisions for the maintenance of the girl child. The husband is liable to pay the maintenance in case he is a major. In case the husband is a minor, his parents would be liable to pay the maintenance.

The legal status of a child marriage is voidable at the option of the parties. However, if the consent is obtained by fraud, deceit, or if the child is enticed away from his lawful guardians and if the sole purpose is to use the child for trafficking or other immoral purposes, the marriage would be void. The Act also provides for the appointment of a Child Marriage Prohibition officer whose duties are to prevent child marriages and spread awareness regarding the same.

III. CHILD LABOR:

Children (Pledging of Labor) Act, 1933 declares any agreement by a parent or guardian to pledge the labor of a child below 15 years of age for payment or benefit other than reasonable wages, illegal and void. It also provides punishment for such parent or guardian as well as those who employ a child whose labor is pledged.

Article 24 enshrined in the Fundamental Rights and the Directive Principles of State Policy, lay down that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. The Bonded Labor System (Abolition) Act, 1976 prohibits forcing a person into bonded labor for debt repayment. The act extinguishes all debt agreements and obligations. It prohibits the creation of any new bondage agreement and discharges bonded laborers from all debts for which they were bonded. Compelling a person to render bonded labor is punishable under the law. This includes punishment for parents who pledge their child or other family members to work as a bonded laborer.

The Child Labor (Prohibition & Regulation) Act (CLPR Act) 1986 prohibits the employment of a child in 18 occupations and 65 processes and regulates the conditions of working of children in other occupations/ processes. As per this Act a child means any person who has not completed 14 years of age. The Act provides punishment for the offense of employing or permitting employment of any child in contravention of the provisions of this Act.

List of other labor laws that prohibit child labor and/or regulate working conditions for child laborers and can be used to book the employers is as follows:

  • The Factories Act, 1948

  • The Plantation Labor Act, 1951

  • The Mines Act, 1952

  • The Merchant Shipping Act

  • The Apprentices Act, 1961

  • The Motor Transport Workers Act, 1961

  • The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

  • The W.B. Shops & Establishment Act, 1963.

IV. CHILD TRAFFICKING:

The legal framework available for dealing with a case against child trafficking is as follows:

The Indian Penal Code 1860 – The IPC punishes cheating, fraud, kidnapping, wrongful confinement, criminal intimidation, procuring minors, buying and selling of minors for immoral purposes.

Special and Local Laws that can be used to book particular forms and purposes of trafficking include:

• Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act, 1988 or Karnataka Devadasi (Prohibition of Dedication) Act, 1982
• Bombay Prevention of Begging Act, 1959.
• Bonded Labor System (Abolition) Act, 1976.
• Child Labor Prohibition & Regulation Act, 1986.
• Child Marriage Restraint Act, 1929.
• Guardianship and Wards Act, 1890.
• Hindu Adoption and Maintenance Act, 1956.
• Immoral Traffic (Prevention) Act, 1986.
• Information Technology Act, 2000.
• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
• Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
• Transplantation of Human Organ Act, 1994.

V. DRUGS AND SUBSTANCE ABUSE:

The Narcotic Drugs and Psychotropic Substances Act, 1985 – This law declares illegal the production, possession, transportation, purchase, and sale of any narcotic drug or psychotropic substance and makes the person, addict/trafficker liable for punishment. Use or threat of use of violence or arms by the offender, use of minors for the commission of the offense, commission of the offense in an educational institution, or social service facility are some of the grounds for higher punishment.

The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Under this law, people who use children for drug trafficking can be booked as abettors or conspirators to the act.

INTER-LINK BETWEEN WOMEN AND CHILDREN’S RIGHTS

The rights of women and children are tightly knit together because just like their rights discrimination against them also happens at the same level. But the rights of women are practically more important because they come into function even before the child is born. Historically, women are considered nurturers and caregivers of children than men. Thus if women are underdeveloped and deprived of their rights, it will substantially not only affect the women but the next generations also.

Protecting the rights of women is important for children and conversely children’s rights are important for women especially the rights of the girl child. Because from childhood only the stereotypes regarding gender roles create inequality and discrimination in the household which must be stopped there only. It is important to recognize the rights of both women and children but if they are recognized together, they can help in reinforcing their development at a higher rate. If CEDAW and CRC are read together it can enrich the promotion and protection of women’s and children’s rights. Some of the principles shared by both the conventions are:

• Accountability: Duty bearers primarily the State but also parents, teachers, etc. need to be held accountable for their obligations and responsibilities. Systems of accountability may include legal redress, but can also be promoted more broadly by fostering transparency and free media.
• Universality: All people, by being human, are holders of human rights.
• Indivisibility: All rights have equal status and are independent. The promotion of one right does not justify the violation of another right.
• Non-discrimination: All individuals are entitled to human rights without discrimination of any kind based on race, color, sex, ethnicity, age, language, or another status.
• Participation: All individuals are entitled to active, free and meaningful participation in the fulfillment of their rights.

CONCLUSION

Women and children protection rights are one of the most emerging issues in the modern world because with the increasing technology, the crimes against them are also committed in new forms. The rights of both the groups are interlinked and are considered part of Human Rights because of their nature in which they face vulnerability around the world. It is contemptible that despite all the laws both at international and nation wise, there is not much change seen in their situation mostly in underdeveloped or developing countries.

But on the other hand, if we look at the greener side, it has been noticed that their roles in every walk of life is changing drastically. Measures and laws have already been implemented for presently all the crimes and violations against the rights of women and children; what is needed to be changed is the mind frames of the society. Women must be considered nothing more or nothing less than a human, neither goddess nor slave but a human being who needs rights and freedoms to exist and experience life. While considering children and their rights, their psychology and innocence must be kept in mind. All we can say in a nutshell is only change to be brought for raising these crucial groups is a change in our minds.

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References:

[1] Female Genital Mutilation (FGM) involves partial or total removal of female genitalia mostly carried on because of the belief that it reduces women’s libido and help in keeping up her modesty and also believed to discourage extra marital sexual acts but it has no medical reasons behind it. It has affected women’s health in a disastrous way.

[2]  13 August, 1997 http://oneindiaonepeople.com/landmark-judgments-protecting-womens-rights/

[3]  2014 SCC 4 427 http://oneindiaonepeople.com/landmark-judgments-protecting-womens-rights/

[4]  https://www.lawctopus.com/academike/criminal-law-amendment/

[5]  https://blog.ipleaders.in/criminal-law-amendment-act-2018/