14 NATIONAL HUMAN RIGHTS COMMISSION United Nations Convention on the Rights of the Child(UNCRC) • • • • Article 6 3 Every child has inherent right to life, survival and development • Article 9 4 Children shall not be separated from their parents against their will except by competent authority if such separation is necessary for the best interest of the child. Article 10 5 (Family Reunification) Children whose parents live in different countries should be allowed to move between those countries so that parents and children can stay in contact. • • Article18 6 Both parents to have common responsibility for upbringing and development their children. Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Gaps between UNCRC & Indian Laws (G) and Recommendations(R) Shall be punishable with the imprisonment for a term of three years First provision- In case it is found that abandonment of a child by biological parent was due to circumstances beyond their control, the penal provisions shall not apply in such case. b) Section 87 12 dealing with abetment in its explanation makes abetment with in pursuance of conspiracy, in consequence of instigation etc. This makes the act of abetment more difficult to prove even as compared to Section 107 of IPC. R3: All personal laws regarding adoption, maintenance and guardianship should be codified (As directed under Art. 44 of Constitution Of IndiaUniform Civil Code) CARA Guidelines In furtherance of Section 68 13 of JJ Act, Central Adoption Resource Authority (CARA) the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. G4: The first proviso of Section 75 of JJ Act 2015 creates a scope of being misused by parents abandoning their unwanted children. (First proviso of Section 75 of JJ Act is a violation of child’s right to protection and family environment.) 4.Criminal Procedure Code, 1973 Section 125 14 provides that any person having sufficient means needs to provide maintenance of his legitimate or illegitimate minor children unable to maintain themselves. R4: The first proviso of Section 75 of JJ Act 2015 should be removed (as the same is in conflict with S. 317 of IPC) 5. The Guardianship and Wards Act, 1890 Section 24 15:Duties of the guardian is to look to the support, health and education, and such other matters of the child. G5: Section 87 relating to abetment, defines in its explanation abetment to be in pursuance of conspiracy, in consequence of instigation etc.