36 NATIONAL HUMAN RIGHTS COMMISSION United Nations Convention on the Rights of the Child(UNCRC) Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Gaps between UNCRC & Indian Laws (G) and Recommendations(R) 6) Section 30 95 - Any child in need of care and protection will be produced before the committee and the committee will decide to which forum the child has to be sent. 7) Section 37 96 - Child welfare officer will declare the child in need of care and protection and would make necessary protection for temporary care, foster care or sponsorship, etc. 8) Section 39 97 - State shall take all measures to rehabilitate and socially integrate the child based on individual care plans. 9) Section 75 98 - Cruelty to child. 10) Section 76 99 - Employment of child for begging. 11) Section 77 100 - Penalty for giving intoxicating liquor or psychotropic substance to child. 12) Section 78 101 - Using a child for peddling or smuggling etc. 13) Section 79 102 -Exploitation of child employee. 14) Section 80 103 -Punitive measures for adoption without following prescribed procedures. 15) Section 81 104- Sale and procurement of children for any purpose. 16) Section 82 105 - Corporal punishment with the aim of disciplining the child. 17) Section 83 106 -Use of child by militant groups. 18) Section 84 107 - Kidnapping and abduction of children are not available and (ii) the JJ Board has no funds to pay such experts.In absence of participation of socio psychological experts for assessment of children, most of the children are being ordered to be tried as adults). R24: For enquiry whether the juvenile has to be treated as an adult, it must be ensured that the expert advice is obtained from experienced psychologists, psycho social worker or other experts (panels of names and details of such experts with allocated fees should be prepared at the State level which should be widely accessible to all stakeholders). G25: Repatriation of victims from within the country to the home countries and from other countries back to India continues to be a gap area for want of proper and early acting mechanism between the

Select target paragraph3