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Article I of the Convention on Rights of Children (CRC) defines a
child as any one below the age of eighteen years.
ILO Convention No. 138 of 1973 refers to child labour as any economic
activity performed by a person under the age of fifteen provided,
fifteen is not less than the age of completion of compulsory schooling.
As per the Child Labour (Prohibition and Regulation) Act, 1986, a child
below the age of fourteen years should not be employed to work in
any factory or mine or engaged in any other hazardous employment.
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The Juvenile Justice (Care and Protection of Children) Act, 2000 is the
primary legal framework for juveniles in conflict with law in India. The
Act provides for a special approach towards the prevention and treatment
of juvenile delinquency and provides a framework for the protection,
treatment and rehabilitation of children in the purview of the juvenile
justice system.
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‘Juvenile’ means a boy who has not attained the age of sixteen years
or a girl who has not attained the age of eighteen years under the Act.
‘Delinquent juvenile’ means a juvenile who has been found to have
committed an offence
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The Act has been enacted by the Parliament to provide for the care,
protection, treatment, development and rehabilitation of neglected and
delinquent juveniles and for the adjudication of certain matters relating to
delinquent juveniles. This provides protection to the juveniles from
stigmatisation, publication of names etc. which may lead to identification
of the juvenile before the court. The Act further provides that the following
orders cannot be passed in relation to a Juvenile: a)
b)
c)
A juvenile cannot be sentenced to death;
A juvenile cannot be imprisoned; and
A juvenile cannot be committed to prison in default of (I) payment of
fine or ( ii ) furnishing surety.
A juvenile is saved not only from the deleterious effects of a jail life but
also from the disqualification attached to a conviction for an offence.
The criminal procedure code, 1973 contains certain provisions dealing
with juvenile delinquency. Section 27 of the code reads –
‘’any offence not punishable with death or imprisonment for life,
committed by any person who at the date when he appears or is bought
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Manual on Human Rights for Police Officers