REPORT BY THE SUB-COMMITTEE ON UNCRC 15 Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC United Nations Convention on the Rights of the Child(UNCRC) The best interests of the child will be their basic concern. • Article 19 7 State to take legislative, administrative, social and educational measures to protect from all forms of: violence-physical or mental • injury or abuse • neglect • mal-treatment or exploitation, including sexual abuse. While in the care of parents or any other person who has the care of the child. 6. Hindu Marriage Act, 1955 Section 26 16 : Custody, maintenance and education of minor children during pendency at the time of passing of the case. 7. The Maternity Benefit Amendment Act, 2017 Section 5(3) 17 have increased the period of childcare leave from 12 weeks to 26 weeks) Paternity leave has also been provided to male employees in the Government sector Child care leave is admissible in respect of central/state Government/s Judgements 1. Ms Githa Hariharan and another v. Reserve Bank of India and another (AIR 1999, 2SCC 228) where the Supreme Court has said that an unwed mother in India can become the sole legal guardian of a child. 2. Harshala D/O Kishore Govind v The Bombay Municipal Corporation: The Bombay High Court directed the Brihan Mumbai Municipal Corporation (BMC) to issue new birth certificates for a girl child born through the test tube process without mentioning her biological father’s name. A bench of Justices AS Oka and RI Chagla also directed the civic body to recall the birth certificates bearing the name of the girl’s father on them. Gaps between UNCRC & Indian Laws (G) and Recommendations(R) R5: Abetment under explanation to S. 87 of JJ Act should be read as defined under S. 107 of IPC and instigation and conspiracy should either be removed or defined.