Child Protection in Indian Programme and Legislative Framework: A Critical Analysis

Abstract

The Indian Judicial System lags in addressing child trafficking, as it does not yet have a dedicated Act or law to address the issue of either human or child trafficking. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill of 2018 still awaits a nod from the Upper House of the Parliament, the Rajya Sabha, to be implemented. However, a network of other laws, policies and schemes sets out measures to provide some preventive and rehabilitative services for children who are vulnerable to trafficking or have been trafficked. These include children who have lost one or both parents, live on streets, belong to low socio-economic background and have been abused, among others. Some of the laws and policies regarding safeguarding of children include the Juvenile Justice (Care and Protection of Children) Act, 2015; Mission Vatsalya, 2022 and Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. The mentioned laws and policies have set up key mechanisms for child protection by the government in the Indian context. This article looks to identify such provisions across the Indian legislative and programmatic landscape that are instrumental in keeping children in the care of family as far as possible and providing them safe out-of-home care where family care cannot be provided. It also reviews how these provisions set up, or fail to set up, a safety net around children to protect them from trafficking. The article undertakes a critical analysis of child protection measures set up by the government in India to identify good practices as well as gaps in the judicial and policy landscape of child protection and trafficking. It analyses the Guidelines on Mission Vatsalya, Juvenile Justice (Care and Protection of Children) Act, 2015 and Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.