36
NATIONAL HUMAN RIGHTS COMMISSION
United Nations Convention on
the Rights of the Child(UNCRC)
Provisions in the Constitution of India and
Domestic Legislation/Policy Measures in
Consonance with UNCRC
Gaps between UNCRC
& Indian Laws (G) and
Recommendations(R)
6) Section 30 95 - Any child in need of care and protection will be produced before the committee and the
committee will decide to which forum the child has to
be sent.
7) Section 37 96 - Child welfare officer will declare the
child in need of care and protection and would make
necessary protection for temporary care, foster care or
sponsorship, etc.
8) Section 39 97 - State shall take all measures to
rehabilitate and socially integrate the child based on
individual care plans.
9) Section 75 98 - Cruelty to child.
10) Section 76 99 - Employment of child for begging.
11) Section 77 100 - Penalty for giving intoxicating
liquor or psychotropic substance to child.
12) Section 78 101 - Using a child for peddling or smuggling etc.
13) Section 79 102 -Exploitation of child employee.
14) Section 80 103 -Punitive measures for adoption
without following prescribed procedures.
15) Section 81 104- Sale and procurement of children
for any purpose.
16) Section 82 105 - Corporal punishment with the aim
of disciplining the child.
17) Section 83 106 -Use of child by militant groups.
18) Section 84 107 - Kidnapping and abduction of
children
are not available and (ii) the JJ
Board has no funds to pay such
experts.In absence of participation
of socio psychological experts for
assessment of children, most of the
children are being ordered to be
tried as adults).
R24: For enquiry whether the
juvenile has to be treated as an
adult, it must be ensured that the
expert advice is obtained from
experienced psychologists, psycho
social worker or other experts
(panels of names and details of such
experts with allocated fees should
be prepared at the State level which
should be widely accessible to all
stakeholders).
G25: Repatriation of victims from
within the country to the home
countries and from other countries
back to India continues to be a gap
area for want of proper and early
acting mechanism between the