REPORT BY THE SUB-COMMITTEE ON UNCRC United Nations Convention on the Rights of the Child(UNCRC) Article 11 67 (Kidnapping) Governments should take steps to stop illicit transfer and non return of children abroad. State to promote bilateral or multi –lateral agreements. Article 19 68 Article 24(3) 69 State to take all measures to abolish traditional practices prejudicial to the health of children. Article 33 70 (Drug Abuse) State shall take all measures to protect the child from harmful drugs and psychotropic substances. Article 34 71 State to protect the child from: • Sexual exploitation • Inducement to engage in any unlawful sexual activity • Use of children in prostitution • Use of children in pornographic performances. 33 Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC 1. Constitution of India a) Article 23 prohibits trafficking in human beings and forced labour b) Article 39(e) states that the tender age of children are not abused c) Article 39(f) states that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. 2. The Prohibition of Child Marriage Act, 2006 a) Section 12(c) deals with sale of children for the purpose of marriage, such marriage shall be null and void. 3. The Protection of Children from Sexual Offences (POCSO) Act, 2012 It’s a special law dealing exclusively with sexual offences against children (including boys, girls and third gender) by perpetrators (men as well as women and third gender). Section 21 79 deals with punishment for failure to report or record a commission of offence. Section 28 80 Special Courts have been designated for the purpose of this Act. Section 29 81 - at the stage of prosecution, the Special Court has to presume that the accused has committed the offence. Gaps between UNCRC & Indian Laws (G) and Recommendations(R) G22: There is confusion under POCSO Act, 2012, with respect to presumption of guilt in case of child accused as to whether he/she shall be treated at par with an adult perpetrator. R22: Proviso should be added to Section 29 and 30 of the POCSO Act so as to ensure that child accused is not dealt at par with the adult perpetrator.