Children are our Nation’s most precious resource, but as children, they often lack the skills to protect themselves. It is our responsibility, as parents and responsible citizens, to safeguard children and to teach them the skills to be safe.
Every home and school should teach children about safety and protection measures. As a parent, you should take an active interest in your children and listen to them. Teach your children that they can be assertive in order to protect themselves against abduction and exploitation. And most importantly, make your home a place of trust and support that fulfills your child’s needs. Together we can protect our future generation by teaching them to be smart, strong, and safe.
Tips for discussing child safety
A parent is the best person to teach a child about personal safety.
Inculcate in your child effective personal safety skills, Smart Thinking and strong character.
Age and maturity matter. There is no perfect age when parents should begin teaching children about personal safety. A child’s ability to comprehend and practice safety skills is affected by age, educational, and developmental levels.
LISTEN to your children. Know your children’s daily activities and habits. Listen to what they like and what they don’t like. Encourage open communication. Let your children know they can talk to you about any situation. Reassure your children that their safety is your #1 concern.
TEACH your children. Set boundaries about places they may go, people they may see, and things they may do. Reinforce the importance of the “buddy system.” It’s OK to say NO – tell your children to trust their instincts.
Get INVOLVED Know where your children are at times. Your children should check in with you if there is a change in plans.
There is no substitute for your attention and supervision PRACTICE safety skills with your child. Rehearse safety skills so that they become second nature.
Tips for parents to help their children stay safe
Safety at Home
Children should have a trusted adult to call if they’re scared or have an emergency.
Choose caregiver/nanny with care. Obtain references from family, friends, and neighbours. Once you have chosen the caregiver, drop in unexpectedly to see how your children are doing. Ask your children how the experience with the caregiver was, and listen carefully to their responses.
Safety in the Neighbourhood
Make a list with your children of their neighbourhood boundaries, choosing significant landmarks.
Interact regularly with your neighbours. Tell your children whose homes they are allowed to visit.
Don’t drop your children off alone at fair, market places, railway stations, bus stands or parks.
Teach your children that adults should not approach children for help or directions. Tell your children that if they are approached by an adult, they should stay alert because this may be a “trick.”
Never leave children unattended in an automobile. Children should never hitchhike or approach a car when they don’t know and trust the driver.
Children should never go anywhere with anyone without getting your permission first.
Children should never go anywhere with anyone without getting your permission first.
Safety at School
Be careful when you put your child’s name on clothing, backpacks, lunch boxes or bicycle license plates. If a child’s name is visible, it may put them on a “first name” basis with an abductor.
Walk the route to and from school with your children, pointing out landmarks and safe places to go if they’re being followed or need help. Make a map with your children showing acceptable routes to school, using main roads and avoiding shortcuts or isolated areas. If your children take a bus, visit the bus stop with them and make sure they know which bus to take.
What to do in an emergency
Precautionary Measures: Necessary Materials
Keep a complete description of your child.
Take colour photographs of your child every six months.
Keep copies of your child’s fingerprints.
Keep a sample of your child’s DNA.
Know where your child’s medical records are located.
Have your dentist prepare and maintain dental charts for your child.
What You Should Do In Case Your Child Is Missing
Immediately report your child missing to your local law enforcement agency. Dial 100 to contact Police.
Limit access to your home until law enforcement arrives and has the opportunity to collect possible evidence.
Give law enforcement investigators all information you have on your child including fingerprints, photographs, complete description and the facts and circumstances related to the disappearance.
What you should do if your child is lost
DO NOT PANIC!!!
Get Help, Contact Friends and Relatives.
Look in places where child hides. Think, where can he/she go.
Dial 100 for Police Emergency line and Dial 1098 – 24 hour for Child Help line.
Phone Phanchayat/Ward Representative
Click Here to post details on the National Tracking system for missing and vulnerable children website.
I KNOW my name, address, telephone number, and my parents’ names.
I always CHECK FIRST with my parents or the person in charge. I tell them before I go anywhere or get into a car, even with someone I know.
I always CHECK FIRST with my parents or a trusted adult before I accept anything from anyone, even from someone I know.
I always TAKE A FRIEND with me when I go places or play outside.
I SAY NO if someone tries to touch me or treat me in a way that makes me feel scared, uncomfortable, or confused.
It’s OK to SAY NO, and I KNOW that there will always be someone who can help me.
I KNOW that I can TELL my parents or a trusted adult if I feel scared, uncomfortable, or confused.
I am STRONG, SMART, and have the right to be SAFE.
Rules for older children
DON’T GO OUT ALONE. There is safety in numbers. This rule isn’t just for little kids, it applies to teens, too.
ALWAYS TELL AN ADULT WHERE YOU’RE GOING. Letting someone know where you’ll be at all times is smart. If you’re faced with a risky situation or get into trouble, your family and friends will know where to find you.
SAY NO IF YOU FEEL THREATENED.If someone — anyone — touches you in a way that makes you feel uncomfortable, you have the right to say no. Whether it is pressure about sex, drugs, or doing something that you know is wrong, be strong and stand your ground.
What you can do at school
lways TAKE A FRIEND when walking or riding your bike to and from school. Stay with a group while waiting at the bus stop. It’s safer and more fun to be with your friends.
If an adult approaches you for help or directions, remember grownups needing help should not ask children for help; they should ask other adults.
If someone you don’t know or feel comfortable with offers you a ride, say NO .
If someone follows you, get away from him or her as quickly as you can. Always be sure to TELL your parents or a trusted adult what happened.
If someone tries to take you somewhere, quickly get away and yell, “This person is trying to take me away!” or “This person is not my father (mother)!”
If you want to change your plans after school, always CHECK FIRST with your parents. Never play in parks, malls, or video arcades by yourself.
If you go home alone after school, check to see that everything is okay before you go in. Once inside, call your parents to let them know that you are okay.
Trust your feelings. If someone makes you feel scared or uncomfortable, get away as fast as you can and TELL a trusted adult.
Children have the right to be protected from all exploitative and vulnerable situations that have been discussed. But that is possible only if you make yourself aware of the real problems and risks that children face and of the remedies that are available in law and policy to change the situation in the best interest of children.
A child may need legal help and protection. Resisting legal action when a child needs it the most is a common mistake all of us often tend to make.
What is important?
Ask yourself – Should fear of disapproval or reprimand by family/community/society/the powerful lobby become more important than social justice?
In 2003, five girls from a village in District Karnal managed to stop sale of two minors into marriage. Once they had made up their mind to stop the marriage and the implicit sale their school teacher helped them take necessary steps for legal action. There was immense resistance from the families of the prospective bride and the groom, from the village elders, the entire community. The girls also received threats and their own families tried to stop them from taking such a step. Initially the police too did not come forward to help and book the erring persons. When everything else failed, the school teacher sought help from the local media to write about it. Finally the police was forced to stop the marriage and book the culprits. These five girls received the National Bravery Award for their exemplary courage and fight against all odds. The role of the school teacher was very critical in this case as without his help it would not have been possible for the girls to take the community to task. In fact, the teacher had risked not only his career but also his life in the process. But the quest for justice and commitment to child protection guided his action.
You can perhaps facilitate the process of legal action by taking some of the following steps:
Inform the police or the child line.
Ensure that the child line provides counselling and legal services to the child.
Mobilise community support.
Report to the Press only as your last resort.
Know your law.
It is important to know the basic law and understand the rights they protect. Only if you understand rights and legal protection available will you be able to convince a child or her/his parent(s)/guardian(s) or the community for legal action. Sometimes the police/administration can also turn out to be difficult. Knowing your law can empower you to deal with them better.
Sex – Selective abortion, Female foeticide and infanticide
The main law for prosecuting persons who are engaging in sex selective abortion is the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The offences under the Act include the following.
Conducting or associating or helping in the conduct of PND techniques/tests in an un-registered unit
Sex selection on a woman or a man or both or on any tissue, embryo, conceptus fluid or gametes derived from either or both of them
Taking the services of an un-qualified person, whether on honorary or payment basis.
Conducting a PND test for any purpose other than those mentioned as permissible in the Act.
Sale, distribution, supply, renting, allowance or authorization of use of any ultrasound machine or any other equipment capable of detecting sex of a foetus to non-registered units.
Advertisement or communication in any from in print, electronic media or internet by units, medical professionals or companies on the availability of sex determination and sex selection in the form of services, medicines, or any kind of techniques, methods or ayurvedic medicines.
Apart from this law, the following sections from the Indian Penal Code, 1860 are also important.
When death is caused by a person (Section 299 and Section 300).
Voluntarily cause a pregnant woman to miscarry the unborn baby (Section 312).
Act done with intent to prevent a child being born alive or to cause it to die after birth (Section 315).
Causing death of an unborn child (Section 316).
Exposing and abandoning of a child below 12 years (Section 317).
Concealing the birth of a child by secretly disposing her/his body (Section 318).
The punishment for these offences extends from two years up to life imprisonment, or fine or both.
Prohibition of Child Marriage Act, 2006 envisages preventing child marriages with enhanced punishments of rigorous imprisonment for two years and/or fine of INR 1 lakh.
It defines a child to mean a male below 21 years and female below 18 years. A minor is defined as a person who has not attained the age of majority as per the Majority Act.
There are provisions for maintenance of the girl child. The husband is liable to pay the maintenance in case he is a major. In case the husband is a minor, his parents would be liable to pay the maintenance.
The legal status of a child marriage is voidable at the option of the parties. However, if the consent is obtained by fraud, deceit or if the child is enticed away from his lawful guardians and if the sole purpose is to use the child for trafficking or other immoral purposes, the marriage would be void.
The Act also provides for the appointment of a Child Marriage Prohibition officer whose duties are to prevent child marriages and spread awareness regarding the same.
Children (Pledging of Labour) Act, 1933 declares any agreement by a parent or guardian to pledge the labour of a child below 15 years of age for payment or benefit other than reasonable wages, illegal and void. It also provides punishment for such parent or guardian as well as those who employ a child whose labour is pledged.
Article 24 enshrined in the Fundamental Rights and the Directive Principles of State Policy, lays down that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
The Bonded Labour System (Abolition) Act, 1976 prohibits forcing a person into bonded labour for debt repayment. The act extinguishes all debt agreements and obligations. It prohibits creation of any new bondage agreement and discharges bonded labourers from all debts for which they were bonded. Compelling a person to render bonded labour is punishable under the law. This includes punishment for parents who pledge their child or other family members to work as a bonded labourer. The Child Labour (Prohibition & Regulation) Act (CLPR Act) 1986 prohibits employment of a child in 18 occupations and 65 processes and regulates the conditions of working of children in other occupations/ processes. As per this Act a child means any person who has not completed 14 years of age. The Act provides punishment for the offence of employing or permitting employment of any child in contravention of the provisions of this Act. List of other labour laws that prohibit child labour and/or regulate working conditions for child labourers and can be used to book the employers is as follows: • The Factories Act, 1948. • The Plantation Labour Act, 1951. • The Mines Act, 1952. • The Merchant Shipping Act, 1958. • The Apprentices Act, 1961. • The Motor Transport Workers Act, 1961. • The Beedi and Cigar Workers (Conditions of Employment) Act, 1966. • The W.B. Shops & Establishment Act, 1963.
Child Trafficking
The legal framework available for dealing with a case against child trafficking is as follows:
The Indian Penal Code 1860 – The IPC punishes cheating, fraud, kidnapping, wrongful confinement, criminal intimidation, procuring minors, buying and selling of minors for immoral purposes.
Special and Local Laws that can be used to book particular forms and purposes of trafficking include:
Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act, 1988 or Karnataka Devadasi (Prohibition of Dedication) Act, 1982
Bombay Prevention of Begging Act, 1959.
Bonded Labour System (Abolition) Act, 1976.
Child Labour Prohibition & Regulation Act, 1986.
Child Marriage Restraint Act, 1929.
Guardian ship and Wards Act, 1890.
Hindu Adoption and Maintenance Act, 1956.
Immoral Traffic (Prevention) Act, 1986.
Information Technology Act, 2000.
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
Transplantation of Human Organ Act, 1994.
HIV/AIDS
While a specific law to protect the rights of HIV positive people is in the process of being formulated, there are certain basic rights that the Constitution of India guarantees to all citizens and stand applicable even if a person if HIV positive. These are:
Right to Informed Consent – Consent has to be free. It should not be obtained by coercion, mistake, fraud, undue influence or misrepresentation. Consent also needs to be informed. This is particularly important in a doctor- patient relationship. The doctor knows more and is trusted by the patient. Before any medical procedure, a doctor is supposed to inform the patient of the risks involved and the alternatives available so the person can make an informed decision to undertake the procedure or not. The implications of HIV are very different from most other illnesses. That’s why testing for HIV requires specific and informed consent from the person being tested. Consent to another diagnostic test cannot be taken as implied consent for an HIV test. If informed consent is not taken, the concerned person’s rights may have been violated and he/she can seek a remedy in court.
Right to Confidentiality – When a person tells someone in whom she/he places trust something in confidence, it is meant to be confidential. Sharing it with others thus amounts to a breach of confidentiality. A doctor’s primary duty is towards the patient and she/he should maintain the confidentiality of information imparted by the patient. If a person’s confidentiality is either likely to br breached or has been beached, the person has the right to go to court and sue for damages. People living with HIV/AIDS (PLWHAs) are often afraid to go to court to vindicate their rights for fear of their HIV status becoming public knowledge. However, they can use the tool of ‘Suppression of Identity’ whereby a person can litigate under a pseudonym (not the real name.). This beneficent strategy ensures that PLWHAs can seek justice without fear of social ostracism or discrimination.
Right Against Discrimination –
The right to equal treatment is a fundamental right. The law provides that a person may not be discriminated against on any grounds of sex, religion, caste, creed, descent or place of birth etc. either socially or professionally by a government-run or government controlled institution.
The right to public health is also a fundamental right – something which the state is supposed to provide to all persons. HIV positive persons seeking medical treatment or admission to a hospital cannot be rejected. If they are denied treatment, they have remedy in law.
Similarly, a person with HIV may not be discriminated against due to her/his positive status in an employment scenario. Termination in such a situation would give that person an opportunity to seek legal redress. Someone who is HIV positive but otherwise fit to continue the job without posing substantial risk to others cannot be terminated from employment. This has been held by the Bombay High Court in May 1997.
Corporal Punishment
There is no Central legislation in India banning corporal punishment in schools. Different States, however, have enacted laws or made policies to ban it.
States in India that have banned or upheld corporal punishment
Corporal punishment was prohibited in Tamil Nadu in June 2003 through an amendment of Rule 51 of the Tamil Nadu Education Rules prohibiting the infliction of mental and physical pain during “corrective” measures.
Goa
Banned
The Goa Children’s Act 2003 bans corporal punishment in Goa.
In February 2004, the Calcutta High Court ruled that caning in state schools in West Bengal was unlawful
Andhra Pradesh (Hyderabad)
Banned
Government order (GO Ms No 16) issued on February 18, 2002 imposed a ban on corporal punishment in all educational institutions, violations of which should be dealt with under the Penal Code.
Delhi
Banned
Petition filed by Parents Forum For Meaningful Education. The Delhi School Education Act (1973) had provision for corporal punishment that has been stuck down by Delhi High Court. In December 2000, the Delhi High Court ruled that provisions for corporal punishment in the Delhi School Education Act (1973) were inhuman and detrimental to the dignity of children.
Chandigarh
Banned
Corporal punishment was prohibited in Chandigarh in the 1990s.
Caste Discrimination
The Constitution of India guarantees
Equality before the law and equal protection of laws to each and every person in the country (Article 14).
Prohibits discrimination on grounds of race, caste, sex, descent, place of birth or residence (Article 15).
Prohibits discrimination on grounds of race, caste, sex or place of birth in any public employment (Article 16).
Abolishes ‘Untouchability’ and declares practice of ‘untouchability’ in any manner whatsoever, a punishable offence (Article 17).
The first Indian law that came into force to provide for punishment for the preaching and practice of ‘Untouchability’ and for any matter connected with it was ‘The Protection of Civil Rights Act, 1955’. Even calling a scheduled caste by her/his caste name e.g. calling a ‘chamar’ a ‘chamar’ is a punishable offence under this law.
In 1989, the Government of India enacted ‘The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act’, which recognises various kinds of acts of violence and discrimination inflicted upon the Scheduled Castes and the Scheduled Tribes by Non-Scheduled Castes and Non-Scheduled Tribes as punishable offences. It also provides for establishment of Special Courts at district level to try the offences under this Act, appointment of Special Public Prosecutors for the purpose of conducting cases in Special Courts, and imposition of collective fine by the State.
Street and Runaway Children
Juvenile Justice (Care and Protection) Act 2015 – The JJ Act, 2015 provides for strengthened provisions for both children in need of care and protection and children in conflict with law. Some of the key provisions include:
change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”;
inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
special provisions for heinous offences committed by children above the age of sixteen year;
separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children;
inclusion of new offences committed against children
Drugs and Substance abuse
The Narcotic Drugs and Psychotropic Substances Act, 1985 – This law declares illegal the production, possession, transportation, purchase and sale of any narcotic drug or psychotropic substance and makes the person, addict/trafficker liable for punishment. Use or threat of use of violence or arms by the offender, use of minors for the commission of offence, commission of the offence in an educational institution or social service facility are some of the grounds for higher punishment.
The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Under this law, people who use children for drug trafficking can be booked as abettors or conspirators to the act.
Child Begging
Kidnapping or maiming a minor for begging is punishable under Section 363A of IPC. As per Section 2(1) of the Bombay Prevention of Begging Act, 1959, “Begging” means-
Soliciting or receiving alms, in a public place whether or not under any pretence such as singing, dancing, fortune telling, performing or offering any article for sale;
entering on any private premises for the purpose of soliciting or receiving alms;
exposing or exhibiting any sore, wound injury, deformity of diseases whether of a human being or animal, for extorting alms;
allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;
having no visible means of subsistence and wandering about or remaining in any public place in such condition or manner, which makes it likely that the person doing so exist for soliciting or receiving alms;
Presently, there is no Scheme of the Central Government on Beggary nor there is a central law on the matter. The States are responsible for taking necessary preventive and rehabilitative steps. Around 22 States / Union Territories have enacted their own anti-beggary legislation or adopted legislation enacted by other States/UTs.
