FAQs

Any boy or girl below the age of 18 years is considered a child according to the law in India.

The laws governing children, in India include:

The Juvenile Justice (Care and Protection of Children) Act, 2000
Juvenile Justice (Care And Protection Of Children) Act, 2000

The JJ Act, 2000 consolidates and amends the law relating to children alleged and found to be in conflict with law and children in need of care and protection. The Act caters to the basic needs of children, through proper care, protection, development, treatment, and social re-integration. It adopts a child-friendly approach in the adjudication and disposal of matters in the best interest of children. 

The Right to Education Act, 2009
Right of Children to Free and Compulsory Education Act 2009 ...

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.

Child labor (Prohibition and Regulation) Act, 1986
THE CHILD LABOUR (PROHIBITION AND REGULATION) ...

This Act prohibits the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments. In this Act, a child is a person who has not completed fourteen years of age.

Protection of Children from Sexual Offences Act, 2012
POCSO Act - National Human Rights Commission India

The Protection of Children from Sexual Offences Act (POCSO Act) 2012 effectively addresses sexual abuse and sexual exploitation of children. 

The Act defines a child as any person below eighteen years of age.

The salient features of the POCSO act are:

1. It is gender neutral
2. It makes both the reporting and the recording of abuse mandatory
3. It lists all known types of sexual offences towards minors. It makes a sexual assault “aggravated” under certain circumstances, such as when the abuse is committed by a person in a position of trust or authority, or when the abused child is below 12 years of age.

It provides for the protection of minors during the entire judicial process

Prohibition of Child Marriage Act, 2006
THE PROHIBITION OF CHILD MARRIAGE ACT, 2006

This Act prohibits the solemnization of child marriages and is also for matters connected to child marriage. In this Act, "child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.

The United Nations Convention on the Rights of the Child

India has ratified, and is a signatory to the United Nations Convention on the Rights of the Child, 1989
Convention on the Rights of the Child - ohchr

The Beijing Declaration on South-South Cooperation for Child Rights in the Asia Pacific Region

In September 1995, India adopted the Beijing Declaration on South-South Cooperation for Child Rights in the Asia Pacific Region.
The Beijing Declaration on South-South Cooperation for Child ...

The Child Welfare Committee (CWC) is formed under the Juvenile Justice (Care and Protection of Children) Act and deals with matters related to children in need of care and protection.

The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.

The Committee is the final authority to deal with cases for the care, protection, treatment, development, and rehabilitation of children. It also provides for their basic needs and protects the rights of children.

The CWC keeps all matters related to children confidential. The committee is made up of people who work with children on a regular basis, and are people you can trust. The CWC always makes sure that – as far as possible – the decision of the child is respected.

How do you get in touch with the CWC in your district?

• Contact your nearest police station or CHILDLINE and ask for the contact number of the Chairperson or a Member of the CWC

The Juvenile Justice Board (JJB) is formed under the Juvenile Justice (Care and Protection of Children) Act. The JJB deals with matters related to children in conflict with law. A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, and two social workers of whom at least one shall be a woman.

Under the Juvenile Justice (Care and Protection of Children) Act each district in the country must have a Special Juvenile Police Unit (SJPU). The SJPU is a unit of the police force designated for handling juveniles at district level. Each Special Juvenile Police Unit is headed by an officer not below the rank of Police Inspector designated as Senior Child Welfare Officer (Sr.CWO).

Childline India Foundation is a non-government organization (NGO) in India that operates a telephone helpline called CHILDLINE, for children in distress. 1098 is India's first 24-hour; toll free, phone outreach service for children. 

Childline India
As of 15th November, 2021 CHILDLINE services are available to children across 602 cities and districts, covering over 81% of the country.

Under the Juvenile Justice (Care and Protection of Children) Act, 2015 a Children’s Home is a facility recognized under this Act for providing care and protection to children who are in need of such a service. A Children’s Home can be established or maintained by the State Government, either by itself, or through a voluntary or non-governmental organization.

Child Sexual Abuse (CSA) is a form of child abuse where a person uses a child for his or her sexual gratification. The perpetrator is usually someone in a position of authority or trust, and is more powerful than the child. Child Sexual Abuse is a violation not only of the child’s body, but also of the child’s trust.

According to the Study on Child Sexual Abuse published in 2007 by the Ministry of Women and Child Development, 53.22% of children reported having faced one or more forms of sexual abuse. 21.90% of the children reported facing severe forms of sexual abuse and 50.76% other forms of sexual abuse. Boys were equally at risk as girls. 50% of the abusers were either known to the children or in a position of trust and responsibility.

Yes – boys are as susceptible to CSA as girls.

There are many reasons why children do not disclose abuse as soon as it happens.

• A child may not recognize that what is happening is abuse – especially if the abuser has groomed them, and they are unable to differentiate between safe and unsafe touch
• Children may not know what to say to an adult – either because they do not have the language to communicate what has happened, or because they are afraid the adult will not believe them (especially if the abuser is a member of the family)
• Sometimes a child may feel ashamed and embarrassed by what has happened and so do not disclose abuse
• A child may be afraid of being blamed or being told that what happened, was their fault
• Children may be afraid of losing the love of their parents or even the love of the abuser (if the person is close to them)
• A child may be afraid of the abuser’s threat that they will harm the child or the family if they tell someone 

An environment that is supportive and empathetic is one of the most important factors that makes children disclose abuse. Other factors include being afraid that someone else they are close to is likely to be abused, being unable to bear the pain and trauma any longer and recognizing that what is happening to them is abuse, and is wrong.

CSA can impact a child in various ways – physically, psychologically, socially and on sexual behavior. The impact may be short term, or long term.

Physical impact – pregnancy, sexually transmitted illnesses, injuries to the genital or anal areas, recurrent urinary infection, pain while passing motion, and psychosomatic illnesses.

Psychological impact – fear of people, nightmares, appetite and sleep disturbances, anxiety, clinging behavior, regressive behaviors like thumb sucking, bedwetting or soiling. 

Social impact – withdrawing from people, trying to please people always, become a “model child”, aggression and hostility, drastic change in academic performance Sexual behavior – wearing too many or too few clothes, age inappropriate sexual behavior, vocabulary and knowledge, excessive masturbation, sexual anxieties.

The long term impacts include:

Inability to form intimate relationships with others
Low self-esteem, guilt, shame
Social withdrawal
Sexually promiscuous behavior
Substance abuse
Risk taking behavior
Deliberate self harm

A child can overcome the trauma of abuse with support, and help from trained professionals (if necessary).

People whom the child trusts must:

• believe the child
• be non-judgmental
• allow the child to express their feelings

A child who has experienced abuse can learn to move from being a victim to a survivor, and then learn to thrive. This can happen if the family is supportive, and the child gets professional therapy to deal with the trauma of abuse.

Some adults sexually abuse a child to feel the power and control they don’t feel in their relationships with other adults. Sometimes, adults who have intimate sexual relationships with other adults may sexually abuse children in moments of unusual stress, such as after the loss a job or during a divorce. Some adults are primarily sexually attracted to children, and some never act on those feelings. Some adults act impulsively when presented with an unexpected opportunity to sexually abuse a child. Other people, particularly youth with high social status or with social or emotional delays, may not even fully understand the harmful impact of their actions.

with children. They are usually men. It is important to remember that not all pedophiles act on their desires – most of them know that sex with a child is illegal; many of them do not want to hurt children.

Offenders need a variety of treatment and corrective interventions. These include learning how to make the change in their own behavioral cycle of abuse; learning empathy, and pro-social skills.

The younger the offender, the easier it is to help them to change.

The POCSO Act is the Protection of Children from Sexual Offences Act. It came into effect on November 12, 2012.

The salient features of this Act are:

It is gender neutral
It is child friendly
It makes the reporting and the recording of abuse mandatory
It lists all known types of sexual offences towards children
It provides for protection of children during the judicial process

Yes. Under Section 19 of the Protection of Children from Sexual Offences Act, 2012 it is mandatory to report sexual abuse. Not doing so entails punishment under Section 21 of the Act.

The offence is non-bailable and cognizable, which means the police can make an arrest without a warrant.

Section 23 of The Protection of Children from Sexual Offences Act, 2012 prohibits the media from disclosing the identity of the child. This includes name, address, photograph, family details, school, neighborhood, or any other particulars which may lead to disclosure of identity of the child.

Several things:

• Believe the child
• Tell them what happened was not their fault
• Do not make suggestions, or ask leading questions
• Do not ask “why” questions; do not probe unnecessarily
• Be honest with the child – do not say that this will remain a secret between the two of you; explain to the child that some of the adults in their lives will need to know what has happened
• Offer your help to the family for filing the FIR, legal assistance, identifying a therapist for the child and the family
• Keep the best interest of the child in mind always – but do not go against the laws of the country

Personal safety education is an ongoing process of teaching children that their body is special, and that they have the right to feel safe and protected.

Children need to know the names of private body parts, learn the personal safety rules, how to identify safe and unsafe touch, and what to do if a person abuses or tries to abuse them.

Parents and teachers are the best people to impart personal safety education. Finally – personal safety education has to be imparted in a manner that is appropriate to the age of the child.

Comprehensive Sexuality Education equips young people with the knowledge, skills, attitudes and values needed to grow into healthy and responsible individuals who enjoy their sexuality – both physically and emotionally. 

CSE includes the physical, emotional, and social aspects of sexuality, accepting all people as sexual beings.

CSE programs need to be age appropriate and help young people to 

• Develop a positive attitude towards their sexual and reproductive health
• Get accurate information 
• Dispel myths 
• Develop life skills including communication skills, critical thinking and negotiation skills
• Learn to draw boundaries and be assertive
• Take responsibility for their choices and actions
• Develop empathy and respect towards all people

Pregnancy tests are most reliable from the first day of the missed period, although some tests can be used as early as four or five days before the period is due. The packaging of the test will say when it can be used.

If a girl’s periods are irregular, it may be good to wait at least three weeks after a missed period before doing a test.

A positive test is almost always correct.

A negative test is less reliable. If a girl still thinks she is pregnant after a negative result, the test can be repeated after a few days.

The Medical Termination of Pregnancy Act, 1971 provides for the termination of certain pregnancies by registered medical practitioners.

MTP Act.PDF
This Act was amended in 2021 and again in 2022

The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 provide for the prohibition of sex selection, before or after conception. They also regulate prenatal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female feticide. 

A pregnant teen has several choices regarding her baby. 
She can choose to:

• keep the baby 
• relinquish the baby – who will then get adopted
• place the baby in foster care
• place the baby in a foundling home until she is able to take the baby home

Whatever the choice, it needs to be thought over carefully, and discussed with the family before taking a final decision.

The aim of adoption is to provide a child who cannot be cared for by his or her biological parents with a permanent substitute family. 

Once a mother decides that she wants to give her baby for adoption, she has to surrender her baby to a Specialized Adoption Agency, in the presence of a member of the Child Welfare Committee. The mother is given a time period of 2 months (60 days) to reconsider her decision to give up her baby. After 2 months the biological mother cannot claim her baby back.

All personal details about the biological mother are kept confidential. Adoptive parents are not – repeat, not – given any of these details.

Some mothers who do not want to keep their baby, give the baby to a couple known to them or to a couple who offers to pay for all the medical expenses during pregnancy and delivery provided the baby is given to them. Please know that this is against the law. If you should change your mind later and want to take your baby back there is no way by which you will be able do this.

A mother may decide that she does not want to give up her baby – but would like the baby to be cared for by a loving family. In this situation the baby can be placed in foster care with a couple who are willing to be foster parents. There is no financial assistance provided to the foster family by the state.

The process of making sure that a couple is fit to be foster parents is the responsibility of the Child Welfare Committee. Couples who want to be foster parents have to apply to the Committee, which then conducts a home study to make sure that a child placed with this couple will be taken good care of – physically, emotionally, and mentally.

If the biological mother decides she wants her baby back, then the Committee will inform the foster parents and make arrangements to get the baby back. Fostering does not necessarily lead to adoption.

Yes – with the support of the family and therapy for dealing with the trauma of their experience a teen mother can learn to thrive. She can learn to take control of her life and move on.

Yes it is – up to 20 weeks of pregnancy.

Under the Medical Termination of Pregnancy (MTP) Act, 1971 the pregnancy can be terminated for several reasons, including if:

• a woman has a serious disease and the pregnancy could endanger her life 
• a woman’s physical or mental health is endangered by the pregnancy 
• the baby has a serious risk of physical or mental handicap 
• the pregnancy is the result of rape 
• a contraceptive device failed

The MTP Amendment Act, 2021 has increased the upper gestational limit to 24 weeks of pregnancy for special categories of women, including survivors of rape, victims of incest and other vulnerable women (differently abled women, minors, among others).

For pregnancy up to 20 weeks, one doctor must be satisfied that any of the above conditions exist; and for pregnancy between 20 and 24 weeks, two doctors must certify that an abortion is necessary. 

A girl who is below 18 years will need the written consent of her parent/ legal guardian before aborting the pregnancy.

Abortions can be performed in any medical institution that is licensed by the government to perform medically assisted terminations of pregnancy. Such institutions must display a certificate issued by the government.