Child Rights in India Law, Policy, and Practice

by
Format: Hardcover
Pub. Date: 2003-10-09
Publisher(s): Oxford University Press
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Summary

"This comprehensive, timely, and analytical book is a storehouse of valuable information about the state of child rights in India. In an introduction specially written for the second edition, Asha Bajpai brings the work up to date on developments since its original publication. She discusses significant changes in the law including those brought about by the Supreme Court of India for its implementation, and the Juvenile Justice (Care and Protection of Children Amendment) Act, 2005." "She shows how Indian law is moving in the direction of the standards set by international law, through the lacunae, and monitoring and enforcement continue to be important issues. This book is indispensable for scholars and students of child rights, human rights, and criminal justice, lawyers, NGOs, journalists, policymakers, and development institutions."--BOOK JACKET.

Author Biography

Asha Bajpai is Professor, Centre for Socio-legal Studies and Human Rights, Tata Institute of Social Sciences, Mumbai.

Table of Contents

Acknowledgements xi
Preface xiii
Abbreviations xxi
1 RIGHTS OF THE CHILD-AN OVERVIEW 1(32)
Introduction
1(1)
The Legal Definition of a Child
2(4)
Present Legal Framework
6(4)
Policies and Action Plans
10(4)
International Law on the Rights of the Child
14(10)
Children and Courts
24(3)
Government Programmes and Schemes
27(1)
Interventions and Strategies by Non-Governmental Organizations (NGOs)
28(1)
Challenges Ahead
29(4)
2 RIGHT TO FAMILY ENVIRONMENT: ADOPTION AND OTHER NON-INSTITUTIONAL SERVICES 33(59)
Adoption in History, Mythology, and Religion
33(9)
Indian Adoption Laws
42(10)
Critique of Laws and Practice Relating to Adoption
52(1)
Adoption Practice
52(9)
Important Judgments Relating to Adoption
61(11)
Recommendations for Law Reform
72(2)
Interventions and Initiatives for Providing Non-institutional Services
74(1)
International Legal Policies and Practices
75(7)
A Comparative Study of International Law
82(5)
Towards a Common Secular Law on Adoption
87(5)
3 RIGHT TO PARENTAL CARE: CUSTODY AND GUARDIANSHIP 92(56)
Historical Evolution
92(2)
The Present Legal Regime
94(19)
Major Reported Judicial Decisions
113(10)
Analysis of Case Laws
123(5)
Law Reform in the Best Interest of the Child
128(3)
A Comparative Survey of International Laws
131(10)
Some Legal Developments and Trends of Comparative Law
141(3)
Discussion
144(4)
4 RIGHT AGAINST ECONOMIC EXPLOITATION CHILD LABOUR 148(59)
What is Child Labour
148(10)
Laws to Prohibit and Regulate Child Labour in India
158(10)
The National Policy on Child Labour
168(4)
Laws Relating to Bonded Child Labour
172(1)
Critique of the Laws
173(5)
Enforcement of the Child Labour and Bonded Child Labour Legislation
178(2)
Judicial Response to Child Labour-Important Case Laws
180(3)
Some Significant Court Rulings Related to Bonded Child Labour
183(2)
Non-governmental Organizations' (NGOs) Interventions
185(7)
Government Initiatives and Schemes
192(1)
International Legal Interventions, Strategies, and Movements
193(10)
Conclusion
203(4)
5 RIGHT TO PROTECTION AGAINST SEXUAL ABUSE AND EXPLOITAIION 207(70)
Introduction
207(4)
Part A: Child Sexual Abuse in India
211(1)
Introduction
211(5)
The Present Legal Regime
216(4)
Child Marriages
220(7)
Judicial Trends
227(5)
Law Reform
232(9)
International Legal Initiatives
241(5)
Role Played by NGOs and the Government in Child Sexual Abuse Cases
246(1)
Part B: Commercial Sexual Exploitation and Trafficking of Children
247(1)
Introduction
247(5)
The Indian Scenario
252(1)
Indian Laws Dealing with Commercial Sexual Exploitation of Children and Trafficking
253(3)
Judgments on Trafficking
256(9)
Law Reform
International Instruments
265(5)
International Initiatives to Prevent Child Pornography on the Internet
270(1)
Government/NGO Interventions in the Area of Exploitation and Trafficking
271(4)
Whose Child Next?
275(1)
Handling Child Sexual Abuse in Future
275(2)
6 JUVENILE JUSTICE: ADMINISTRATION AND IMPLEMENTATION 277(50)
Introduction
277(5)
The juvenile Justice Act 1986
282(5)
Administration and Implementation of the Juvenile Justice Act 1986
287(8)
Government Schemes and NGO Interventions in the Juvenile Justice System
295(1)
What Needs to be Done
296(3)
The Juvenile Justice (Care and Protection of Children) Act 2000 (J J Act 2000)
299(7)
Significant Changes Brought about by the Juvenile Justice Act 2000
306(1)
Critique of the Juvenile Justice (Care and Protection of Children) Act 2000
307(2)
Trends of Judicial Response to Juvenile Justice
309(7)
International Law and the Administration of Juvenile Justice
316(7)
Mission of Juvenile Courts for the Twenty-first Century
323(4)
7 RIGHT TO DEVELOPMENT 327(47)
Elementary Education The Right of Every Child
327(7)
Laws Relating to Child Education in India
334(8)
Educational Policy and Planning in India
342(3)
Judgments
345(2)
Government Schemes and Programmes in the Field of Elementary Education in India
347(3)
NGO Interventions in Elementary Education
350(4)
The Global Context of Basic Education
354(10)
Some International Initiatives
364(1)
Right to Play and Recreation
365(2)
Future Challenges
367(7)
8 RIGHT TO SURVIVAL: HEALTH, NUTRITION, AND SHELTER 374(63)
Right to Health
374(1)
International Human Rights Law
375(3)
International Campaigns on Health
378(1)
Law and Policy on Health in India
379(4)
Children's Health Scenario in India
383(2)
Rights of Unborn Child and Rights during Early Childhood
385(9)
Medical Termination of Pregnancy Act 1971 (MTP Act 1971)
394(2)
Amendments to the Medical Termination of Pregnancy Act 1971, and the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
396(1)
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Bill 2002 (PNDT 2002)
397(2)
Rights during Early Childhood
399(8)
Rights of the Child and Working Mothers
407(1)
Relevant Provisions of the Maternity Benefit Act 1961
408(4)
Government Programmes and Schemes for Child Health and Development
412(2)
NGO Initiatives
414(1)
Special Health Issues Relating to Children
415(4)
Children and Disability
419(8)
Children as Victims of Drugs
427(1)
Children's Right to Shelter/Housing
428(7)
Towards Right to Survival for All
435(2)
9 MAKING CHILD RIGHTS A REALITY 437(51)
The Paradigm Shift
437(2)
Initiatives by the Government of India
439(10)
Major Concerns and Obstacles in Realizing the Rights of the Child
449(27)
Conclusion
476(3)
Select Bibliography
479(9)
Index 488

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