REPORT BY THE SUB-COMMITTEE ON UNCRC United Nations Convention on the Rights of the Child(UNCRC) • • • • • • Article 3 1 : Best Interests of the Child to be the primary consideration for all actions of: public or private social welfare institutions courts of law administrative authorities legislative bodies States parties shall ensure that the institution, services responsible for the care of children shall confirm with standards prescribed. • Article 5 2 States Parties shall respect the responsibilities, rights and duties of parents or persons legally responsible for the child and to provide appropriate directions and guidance in consistence with the evolving capacities of the child. 13 Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Legislations: 1. The Hindu Minority and Guardianship Act, 1956 a) Section 6 (a) 8 States father is the natural guardian of a minor boy or unmarried girl. b) Section 13 9: Welfare of the minor to be of paramount consideration in the appointment and declaration of any person as guardian of a Hindu minor by the court. 2. The Hindu Adoption and Maintenance Act of 1956 (HAMA, 1956) a) Section 20 (1) 10 : Hindu is bound to maintain his/ her legitimate or illegitimate children. b) Section 20 (2) states a child may claim maintenance from his or her father or mother so long as the child is a minor. 3. Juvenile Justice (Care and Protection of Children) Act, 2015 a) Section 75 11 whoever having actual charge or control over the child: Assaults Abandons Abuses Exposes Wilfully neglects the child Gaps between UNCRC & Indian Laws (G) and Recommendations(R) G1: Only father (not mother) is the natural guardian as per section 6 of The Hindu Minority and Guardianship Act, 1956. R1: Mother should also be a natural guardian as is father under the HAMA, 1956. G2 18: There is an anomaly in section 56 , 57, 58, 60 of Juvenile Justice Act and HAMA, 1956. R2: Independent Legislation with regard to adoption of children (in addition to HAMA, 1956) should be enacted regardless of the ethnic and religious affiliation. (Because provisions of adoption in JJ Act 2015 do not serve the purpose of adopting children who are not in need of care and protection). G3: All personal laws regarding adoption, maintenance and guardianship are not codified.