Prayas JAC Society: Prayas Started with 25 children in 1988, today Prayas caters to the needs of 50,000 neglected, street and marginalized children, youth & women in Delhi, Gujarat, Bihar, Assam, Arunachal Pradesh, Andman & Nicobar islands, Haryana, Jharkhand.
Prayas Project > Projects in Delhi

Written Submissions on behalf of Intervener Prayas (JAC) Society

In the Supreme Court of India
Civil/Criminal Original Jurisdiction-Writ Petition (C) No. 10 of 2013
Salil Bali   vs. Union of India & ANR.



Supreme Court Judgement Video-clippings as under:

  1. http://www.youtube.com/watch?v=7IZ1j3OWGNM  : The Supreme Court considered a minor age 18
  2. http://www.youtube.com/watch?v=tsNJ-wJ4POY : Supreme Court: Change not necessary in Juvenile Act
  3. http://www.youtube.com/watch?v=bfv7inlnJMQ : Speak Out India: If accused is old enough to rape, why not for punishment

 

RELEVANT CONSTITUTIONAL & LEGAL PROVISIONS
Constitution of India

        • Article 15 (3): Enables the State to make special provisions for children
        • Article 23: Prohibits the trafficking in human beings and forced labour
        • Article 24: Forbids the employment of children below the age of 14 years in factories, mines and other hazardous occupations
        • Article 39 (e): Directs the State to safeguard the tender age of children from entering into jobs unsuited to their age and strength forced be economic necessity
        • Article 39 (f): Directs the State to secure facilities for the healthy development of children and to protect childhood and youth against exploitation and moral and material abandonment.
        • Article 45: Directs the State to provide free and compulsory education to all children upto 14 years to age.

 

Children (below 18 years) constitute 42% of India’s population

Acts/Laws

Sec(s)

Age

IPC (Indian Penal Code)

82
83
317
370
375(6)
372-373

Under 7 years – No offence
7 to 12 years  (Immaturity) – No offence
12 years  -Abandoned Child
Criminal Law Amendment Act (Trafficking)
18 years – (Rape) consent Age
18 years- Selling & Buying Minors for Prostitution , Immoral/Unlawful purposes

Reformatory School Act 1876/1897

-

Detention of boys upto 18 years

Juvenile Justice (Care & Protection of Children)  Act 2000/2006 (J. J. Act)

2 (K) &(L)

Juvenile/Child – not completed 18 years of age

Child Labour (Prohibition & Regulation) Act 1986

2 (II)

under 14 years (16 occupations and 65 processes prohibited )

Immoral Trafficking (Prohibition) Act 1956

2(aa), (ca), (cb)

Child under 16 years
Minor/Major – under 18 years

Indian Majority Act 1875

3

On Completion of 18 years

Child Marriage (Prohibition) Act 2006

2(a)

Male Child - Under 21 years
Female Child – Under 18 years

Hindu Marriage Act, 1955

5

Female Child - 18
Male Child - 21

(Bombay) Prevention of Begging Act 1959

2(1)(iv)

Child – as under Children Act (JJ Act 2000)

Protection of Children Against Sexual Offences (POCSO) Act  2012

2(i)(d)

Upto 18 years

Criminal Law (Amendment) Ordinance 2013

375 (6) IPC

Upto 18 years (Inappropriately being reduced)

Right to Free & Compulsory Education Act , 2009

2(c)

6-14 years of age

Motor Vehicles Act , 1988

4(1)

18 years

Representation of Peoples Act, 1951

19(a)

18 years

UN Convention on the Rights of the Child (UNCRC)

  • Article 1  - Children being below the age of 18 years,
  • Article 2 - All actions of the public and private institutions to serve the best interest of the child,
  • Article 4 - State parties to undertake appropriate legislative, administrative and other measures to implement the rights,
  • Article 19 - Appropriate measures against physical/mental violence, abuse, neglect, maltreatment, care of guardian etc.
  • Article 20 - Social protection and assistance why temporarily or permanently deprived of family,
  • Article 27 - Standard of Living for physical, mental, spiritual, moral and social development,
  • Article 28 - Free and Compulsory Education,
  • Article 29 Protection from Economic Exploitation and hazardous work interfering with education & development,
  • Article 37 - Torture, cruel, degrading treatment – capital punishment & life imprisonment or arbitrary arrest detention to be separated from adults etc.,
  • Article 40 - Child alleged or accused or infringement of Penal law to be treated with dignity and worth consideration of age and desirability to promote reintegration and assuming constructive role in society.

 

Thus, the various four broad sets of civil, political, social, economic and cultural rights of every child (including juveniles) considering their special requirements are :

    • Right to Survival
    • Right to Protection
    • Right to Development
    • Right to Participation


News & Events

  • 09July 13

    Written Submissions on behalf of Intervener Prayas Juvenile Aid Centre (JAC) Society...:
  • see video-clips.... more...

  • 11Jan 13
    Suggestions for possible Amendments to Criminal Laws Relating To Safety & Security of Women and to keep JJ Law intact
  • 14Nov 12

    25th Foundation Day of Prayas coinciding with Children's day celebrated with 'Run for Children 2012' where 3,000 weaker section children ran for rights.

    more.
  • 15Oct 12
    PRAYAS’s initiative for Skill Dev. & Empowerment of Youth in Naxal affected areas

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