Unit 3 of Law Relating to Women and Children (syllabus: Module III — socio-legal issues including child labour and female foeticide; the constitutional safeguards for children; safeguards under the general law; and international concern — the Minimum Age Convention 1973, the UN Declaration of the Rights of the Child 1959, the roles of UNESCO, UNICEF and the ILO, and the UN Convention on the Rights of the Child 1989). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What does Article 24 prohibit, and what does it leave untouched?
- How do the education provisions for children fit together after the 86th Amendment?
- Which other constitutional safeguards protect the child, and what does each one do?
- Who is a child in international law, and what is the best-interests principle?
- How should the socio-legal problems of childhood be answered without inventing statistics?
- Does the child labour statute prohibit only hazardous work?
- What is an adolescent, and what is the three-tier scheme created in 2016?
- What is the position of a child in tort, in contract and in partnership?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Constitution of India, s. Article 24
- Constitution of India, s. Articles 21A, 45 and 51A(k)
- Constitution of India, s. Articles 15(3), 23, 28, 29 and 39(e) and (f)
- Convention on the Rights of the Child, s. Articles 1, 2 and 3(1)
- The Constitution and the protective legislation for children, s. Articles 21A and 24 with the protective statutes
- Child and Adolescent Labour (Prohibition and Regulation) Act 1986, as amended in 2016, s. section 3
- Child and Adolescent Labour (Prohibition and Regulation) Act 1986, as amended in 2016, s. section 3A