REPORT BY THE SUB-COMMITTEE ON UNCRC United Nations Convention on the Rights of the Child(UNCRC) Optional Protocols • • India signed the optional protocol on Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography77 on 15 Nov and ratified it on the 16th August. India has yet to submit a report. It recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. India signed the optional protocol 78 on 15 nov and ratified it on th 16th august. India has yet to submit the report. 35 Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Gaps between UNCRC & Indian Laws (G) and Recommendations(R) person who has given the responsibility of custody of the girl. • Any child marriage by way of kidnapping is null and void. 5. Juvenile Justice (Care and Protection of Children) Act, 2015 This Act deals with children with conflict with law and with children in need of care and protection taking into consideration the standards prescribed in the UN CRC. (Preamble of the Act) 1) Section 3 90 deals with general principles to be followed in the administration of the Act (covering almost all the articles of UN CRC). 2) Section 15 91 deals with heinous offences alleged against a child who has completed 16 years of age, board conducts preliminary assessment to decide whether or not the child should be tried as an adult and accordingly transfer the case to the Children’s Court. 3) Section 18 (3) 92 - Board after enquiry decides whether the child between the age of 16-18 years has to be tried as an adult (In cases of heinous crimes). 4) Section 21 93 - No child in conflict with law shall be sentenced to death or life imprisonment without possibility of release. 5) A provision has been made under Section 27 94 constituting a CWC for every district. G23: Although it is mandated under Section 39 of JJA that the process of rehabilitation and social integration would be based on individual care plan of the child, however, on the ground individual care plans are not being prepared for the children in need of care and protection and in conflict with law. R23: Individual care plans should be prepared for all the children produced before the JJBs and CWCs, based on social investigation report and psycho- social assessments. G24: As per proviso to section 15(1) of the JJ Act, 2015 for assessing whether the child has to be tried as an adult, the JJ Board may take assistance of experienced psychologists or psycho social worker or other experts. (Practically, their services are not being utilized for the reasons (i) such trained persons