REPORT BY THE SUB-COMMITTEE ON UNCRC 47 obligation of States Parties under article 9, the right to benefit from child-care services and custody of a minor who has not completed the age paragraph 1, States Parties shall respect the right facilities for which they are eligible. of five years shall ordinarily be with the mother; of the child and his or her parents to leave any country, including their own, and to enter their own (b) in case of an illegitimate boy or an illegitimate 7 Article 19 of the Child Rights Convention unmarried girl—the mother, and after her, the country. The right to leave any country shall be 1. States Parties shall take all appropriate father; subject only to such restrictions as are prescribed legislative, administrative, social and educational (c) in the case of a married girl—the husband: by law and which are necessary to protect the measures to protect the child from all forms of Provided that no person shall be entitled to act national security, public order (ordre public), physical or mental violence, injury or abuse, as the natural guardian of a minor under the public health or morals or the rights and freedoms neglect or negligent treatment, maltreatment or provisions of this section— of others and are consistent with the other rights exploitation, including sexual abuse, while in the (a) if he has ceased to be a Hindu, or recognized in the present Convention. care of parent(s), legal guardian(s) or any other (b) if he has completely and finally renounced person who has the care of the child. the world by becoming a hermit (vanaprastha) or 2. Such protective measures should, as appropriate, an ascetic (yati or sanyasi). Explanation.—In this 1. States Parties shall use their best efforts to ensure include effective procedures for the establishment section, the expression “father” and “mother” do recognition of the principle that both parents of social programmes to provide necessary support not include a step-father and a step-mother. have common responsibilities for the upbringing for the child and for those who have the care of the and development of the child. Parents or, as the child, as well as for other forms of prevention and Act, 1956: Welfare of minor to be paramount case may be, legal guardians, have the primary for identification, reporting, referral, investigation, consideration.- (1) In the appointment of responsibility for the upbringing and development treatment and follow-up of instances of child declaration of any person as guardian of a Hindu of the child. The best interests of the child will be maltreatment described heretofore, and, as minor by a court, the welfare of the minor shall their basic concern. appropriate, for judicial involvement. be the paramount consideration. (2) No person 6 Article 18 Section 13 of The Hindu Minority and Guardianship shall be entitled to the guardianship by virtue of 2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, 9 8 Section 6 of The Hindu Minority and Guardianship the provisions of this Act or of any law relating to States Parties shall render appropriate assistance to Act, 1956. guardianship in marriage among Hindus, if the parents and legal guardians in the performance of Natural guardians of a Hindu minor.—The natural court is of opinion that his or her guardianship will their child-rearing responsibilities and shall ensure guardian of a Hindu minor, in respect of the minor’s not be for the welfare of the minor. the development of institutions, facilities and person as well as in respect of the minor’s property services for the care of children. (excluding his or her undivided interest in joint 3. States Parties shall take all appropriate measures family property), are— Act, 1956: Maintenance of children and aged to ensure that children of working parents have (a) in the case of a boy or an unmarried girl—the parents- (1) Subject to the provisions of this father, and after him, the mother: provided that the 10 Section 20 The Hindu Adoption and Maintenance