Contents Foreword by N.R. Madhava Menon xi Introduction to the Second Edition xiii Abbreviations Ixviii Acknowledgements Ixx Preface *Ixxii 1 RIGHTS OF THE CHILD--AN OVERVIEW 1 Introduction 1 The Legal Definition of a Child 2 Present Legal Framework 6 Policies and Action Plans 10 International Law on the Rights of the Child 14 Children and Courts 24 Government Programmes and Schemes 27 Interventions and Strategies by Non-Governmental Organizations (NGOs) 28 Challenges Ahead .. -29 2 RIGHT TO FAMILY ENVIRONMENT: ADOPTION AND OTHER NON-INSTITUTIONAL SERVICES 33 Adoption in History, Mythology, and Religion 33 Indian Adoption Laws 42 Critique of Laws and Practice Relating to Adoptiom 52 Adoption Practice 52 Important Judgments Relating to Adoption 61 Recommendations for Law Reform 72 Interventions and Initiatives for Providing Non-institutional Services 74 International Legal Policies and Practices 75 A Comparative Study of International Law 82 Towards a Common Secular Law on Adoption 87 3 RIGHT TO PARENTAL CARE: CUSTODY AND GUARDIANSHIP Historical Evolution The Present Legal Regime Major Reported Judicial Decisions Analysis of Case Laws Law Reform in the Best Interest of the Child A Comparative Survey of International Laws Some Legal Developments and Trends of Comparative Law Discussion 4 RIGHT AGAINST ECONOMIC EXPLOITATION-CHILD LABOUR What is Child Labour? Laws to Prohibit and Regulate Child Labour in India The National Policy on Child Labour Laws Relating to Bonded Child Labour Critique of the Laws Enforcement of the Child Labour and Bonded Child Labour Legislation Judicial Response to Child Labour-Important Case Law Some Significant Court Rulings Related to Bonded Child Labour Non-governmental Organizations' (NGOs) Interventions Government Initiatives and Schemes International Legal Interventions, Strategies, and Movements Conclusion > RIGHT TO PROTECTION AGAINST SEXUAL ABUSE AND EXPLOITATION Introduction Part A: Child Sexual Abuse in India Introduction The Present Legal Regime Child Marriages Judicial Trends Law Reform International Legal Initiatives Role Played by NGOs and the Government in Child Sexual Abuse Cases Part B: Commercial Sexual Exploitation and Trafficking of Children Introduction The Indian Scenario T dian Laws Dealing with Commercial Sexual Exploitation of Children and Trafficking Judgments on Trafficking Law Reform International Instruments International Initiatives to Prevent Child Pornography on the Internet Government/NGO Interventions in the Area of Exploitation and Trafficking Whose Child Next? Handling Child Sexual Abuse in Future 6 JUVENILE JUSTICE: ADMINISTRATION AND IMPLEMENTATION Introduction The Juvenile Justice Act 1986 Administration and Implementation of the Juvenile Justice Act 1986 ' Government Schemes and NGO Interventions in the Juvenile Justice System What Needs to be Done The Juvenile Justice (Care and Protection of Children) Act 2000 0 J Act 2000) Significant Changes Brought about by the Juvenile Justice Act 2000 Critique of the Juvenile Justice (Care and Protection of Children) Act 2000 Trends of Judicial Response to Juvenile Justice International Law and the Administration of Juvenile Justice Mission of Juvenile Courts for the Twenty-first Century 7 RIGHT TO DEVELOPMENT Elementary Education-The Right of Every Child Laws Relating to Child Education in India Educational Policy and Planning in India Judgments Government Schemes and Programmes in the Field of Elementary Education in India NGO Interventions in Elementary Education The Global Context of Basic Education Some International Initiatives Right to Play and Recreation x Contents Future Challenges 367 8 RIGHT TO SURVIVAL: HEALTH, NUTRITION, AND SHELTER 374 Right to Health 374 International Human Rights Law 375 International Campaigns on Health 378 Law and Policy on Health in India 379 Children's Health Scenario in India 383 Rights of Unborn Child and Rights during Early Childhood 385 Medical Termination of Pregnancy Act 1971 (MTP Act 1971) 394 Amendments to the Medical Termination of Pregnancy Act 1971, and the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 396 The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Bill 2002 (PNDT 2002) 397 Rights during Early Childhood 399 Rights of the Child and Working Mothers 407 Relevant Provisions of the Maternity Benefit Act 1961 408 Government Programmes and Schemes for Child Health and Development 412 NGO Initiatives 414 Special Health Issues Relating to Children 415 Children and Disability 419 Children as Victims of Drugs 427 Children's Right to Shelter/Housing 428 Towards Right to Survival for All 435 9 MAKING CHILD RIGHTS A REALITY 437 The Paradigm Shift 437 Initiatives by the Government of India 439 Major Concerns and Obstacles in Realizing the Rights of the Child 449 Conclusion 476 Select Bibliography 479 Index 488 Addendum 505