34 NATIONAL HUMAN RIGHTS COMMISSION United Nations Convention on the Rights of the Child(UNCRC) Article 35 72: The Government should take all measures possible to make sure that children are not abducted, sold or trafficked. Article 36 73: The State shall protect the child from all forms of exploitation prejudicial to their welfare. Article 37 74:The State to ensure that no child be subjected to torture or punishment. Neither capital punishment nor life imprisonment shall be imposed for offences committed by child. Article 39 75:The State shall take all measures to promote physical and psychological recovery and social reintegration of child victim. Article 40 76: The State to recognise the right of every child accused of having infringed the penal laws to be treated in a manner consistence with the promotion of child’s sense of dignity. Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Gaps between UNCRC & Indian Laws (G) and Recommendations(R) 4. The Indian Penal Code, 1860 1) Section 361 82 deals with kidnapping of children (16 years if male, and 18 years if female), or a person of unsound mind from lawful guardianship. 2) Section 363 (A) 83 deals with kidnapping or maiming a minor for purposes of begging. 3) Section 366 (A) 84 deals with procuration of minor girls for the purpose of illicit intercourse with another person 4) Section 366 (B) 85 deals with imputation of a girl from foreign country under the age of 21 years of age. 5) Section 369 86 deals with kidnapping or abducting child under 10 years with intent to steal from its person. 6) Section 370 87 deals with exploitation of children for the purpose of recruitment, transportation, harbouring and transfers 7) Section 370 (A) 88 deals with exploitation of a trafficked person who is engaged for sexual exploitation 8) Section 372 89 and 373 deals with selling and buying minors for the purpose of prostitution or illicit intercourse, unlawful and immoral purpose. 9) Section 376 deals with rape of a girl (rape has been extensively and broadly defined) and special provisions have been made for rape of girls below the age of 12 years and 16 years of age. • Special provisions have been made for rape by the Sec 29 postulates when a person is prosecuted for committing or abetting an offence, the Court shall presume the guilt. The said Act only defines Child under Sec. 2(d) whereas no definition of person is given, the reasonable inference would be that all JCL are not person and excluded. In addition to that Sec 34 also precludes the children in conflict with law the special Court shall not presume guilt of a child between age 16 to 18 years for the reason that section 3(i) of the JJ Act presumes all children upto the age of 18 years innocent of any malafide or criminal intent.