convictions is despairingly low. The reason why the law has proved
ineffective is because it is difficult to regulate all clinics that use ultrasound
for sex determination as well as for a host of other purposes including
detection of genetic abnormalities in the foetus. Its implementation needs
to be improved upon. There is a need to plug the loopholes. That is where
the Police needs to play a very effective role and contribute in the gender
balancing drive in the country.
As justice Bhagwati has rightly quoted “the child is a soul with a being, a
nature and capacities of its own, who must be helped to find them, to grow
into the maturity, into fullness on physical and vital energy and most
breadth, depth and height of its emotional, intellectual and spiritual being”.
E. Review
Children have the same basic human rights as adults, but because of their
age and vulnerability they need extra measures to protect them. They do
not know the technicalities of life. The citizens in general and the police
officers in particular must perform their duties and fulfil their
responsibilities regarding them. They must be more than willing to protect
the rights of the children.
Children, especially young children, are sometimes ignorant of the fact that
they are being abused or exploited. Whatever the appearances, police should
not take it for granted that children are willing participants in crime, for
example in prostitution - the child may have little choice, or become involved
in the activity after being abused or exploited. Police must see the
rehabilitation and re-socialisation of such children as the ultimate objective.
Children should be protected against sexual exploitation and abuse. Police
officers can play an important role in the protection of children. The state
should take measures to protect children from being encouraged or forced
to take part in any unlawful sexual activities or practices, prostitution,
pornographic performances or material. The police should also assist the
state in preventing children from being stolen or sold for any purposes
like drug abuse, trafficking and labour.
The police are legally and morally situated in an important role in this
regard and need to see themselves as protectors of children and their rights
as especially vulnerable persons.32
32
Please refer to Chapter on Protection of Children in NHRC’s Guidelines for Police
Personnel on various Human Rights Issues
Manual on Human Rights for Police Officers
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