Q51. What is the Minimum Age Convention?
The International Labour Organization (the ILO) has regulated child labour through the Minimum Age Convention and the Worst Forms of Child Labour Convention. Such conventions aim at the reduction and eventual elimination of harmful labour practices.
The Minimum Age Convention (No. 138) was adopted in 1973 and became effective in June 1976. This Convention revised industry-specific conventions that had been adopted after 1919. Previous minimum-age conventions had applied to certain occupational groups only or to certain sectors of the economy, such as agriculture, industry, and underground work, but this particular Convention was intended to have application in all spheres of economic activity. The Convention requires State Parties specify a minimum age for labour as a mechanism to abolish child labour. The minimum age specified by the Convention is 15 years, however, State Parties are allowed to set 14 years as a minimum age if restricted to a certain amount of time. The Convention allows younger children (<15 years) to engage in light labour. The Committee of Experts is responsible for monitoring and supervising the effective implementation of the Convention. State Parties must submit a report which reflects on the status of implementation every three years. The Minimum Age Convention is part of the 15 core conventions covered under the GSP regulation.
After the ratification of the convention, many countries have adopted domestic laws prohibiting harmful labour and child labour. The aim of the Minimum Age Convention was the progressive eradication of child labour.
Q52. Which type of ceremony is important for legalizing Christian marriage?
According to The Indian Christian Marriage Act of 1872, the following are required to be fulfilled to constitute a valid marriage. The marriage must be performed in the presence of a person licensed to grant a certificate of marriage and at least two reliable witnesses.
Under the Indian Christian Marriage Act, a Christian Marriage is performed between the parties to the marriage with accordance to the rituals which is considered to be essential and proper by the Minister or the Priest designated to perform the wedding. The presence of two eligible witnesses other than the minister or the priest performing the marriage is a mandatory requirement at the marriage ceremony. A marriage cannot be performed if it is not performed within two months from the issuance of the certificate of notice. In such a case, a new certificate of notice has to be applied for and issued to solemnise the marriage.
Christian marriage can be Solemnized only between time interval of 6am to 7 pm. The marriage only solemnized at a church where worship is Generally held in a form of church of England as permitted by Sec. 11 to Clergyman of the church. Otherwise if there is no Church within a 5 miles distance then special license is permitted to the clergyman to solemnize the marriage at any other places.
Q53. Discuss the constitutional validity of restitution of conjugal rights with the help of leading case law.
Section 9 of the Hindu Marriage Act (HMA), 1955 and Section 22 of the Special Marriage Act (SMA), 1954 provides for restitution of conjugal rights which states that if a husband or a wife has withdrawn from the society of the other without any reasonable excuse, then, the aggrieved party can file a petition before the District Court for restitution of conjugal rights i.e. to bring the spouse back to live with the other spouse. The court may grant a decree of conjugal rights if it is satisfied that the petition is based on truth and there is no legal ground for dismissing the petition.
Section 9 has always been in controversy regarding its constitutional validity. In the case of T. Sareetha v. T. Venkata Subbaiah, the High Court declared Section 9 of the HMA, 1955 as unconstitutional for being violative of the right to privacy and human dignity guaranteed under Article 21 of the Constitution of India. Justice P.A. Choudhary observed that Section 9 is the grossest form of violation of the right to privacy. Forcing a spouse to have sexual relations with her spouse deprives her of the right to control her own body. The state cannot coerce a spouse to prolong the voluntary union of her with her spouse in their relationship. The state by coercion can neither soften the ruffled feelings between a couple nor can it clear the misunderstanding between them. The judge even observed that Section 9 is not promoting any public purpose, rather it is violative of right to equality under Article 14 of the Indian Constitution as well.
Q54. What are the Four core principles of the Convention on the Rights of the Child?
Non-Discrimination: One general principle as identified by the committee on the rights of the child is that all children should enjoy their rights and should never be subjected to any discrimination. The obligation to provide equality of opportunities among children is expressed in Article 2.
Best Interests of the Child Children: Best interests of the child Children, especially when they are very young, are vulnerable and need special support to be able to enjoy their rights fully. The principle of the best interest of the child, formulated in Article 3:1
The Right to Survival and Development: The principle most directly related to children’s economic and social rights is formulated in the right to life article. The article goes further than just granting children the right not to be killed; it includes the right to survival and development which is formulated in Article 6:2
The Views of the Child: A crucial dimension of the convention is expressed through another principle, the one about respecting the views of the child. In order to know what is actually in the interest of the child it is logical to listen to him or her. The principle is formulated in Article 12:1.
These four principles contribute to a general attitude towards children and their rights. They are based on the notion that children too are equal as human beings.
Q55. Write a short note on Movement towards Uniform Civil Code
A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.
Article 44 lays down that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Thus the Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. However, Article 37 of the Constitution itself makes it clear the Directive Principles of State Policy “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates that although our constitution itself believes that a Uniform Civil Code should be implemented in some manner, it does not make this implementation mandatory.
Need of UCC:
- Protection to Vulnerable Section of Society; .
- Simplification of Laws;
- Adhering to Ideal of Secularism; and
- Gender Justice
The demand for a uniform civil code has been framed in the context of communal politics. A large section of society sees it as majoritarianism under the garb of social reform. Article 25 of Indian constitution, that seeks to preserve the freedom to practise and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of Indian Constitution.
Q56. Define “Children‟s Home” under “The Juvenile Justice Act”.
According to Section 2(e) of the Juvenile Justice (Care and Protection of Children) Act, 2000, “children’s home” means an institution established by a State Government or by a voluntary organisation and certified by that Government under section 34 of the Act.
Under Section 50 of the Act,
(1) The State Government may establish and maintain, in every district or group of districts, either by itself or through voluntary or non-governmental organisations, Children’s Homes, which shall be registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation.
(2) The State Government shall designate any Children’s Home as a home fit for children with special needs delivering specialised services, depending on requirement.
(3) The State Government may, by rules, provide for the monitoring and management of Children’s Homes including the standards and the nature of services to be provided by them, based on individual care plans for each child.
Q57. What are the matters considered by the court in the appointment of a Guardian
Section 4 Clause (b) of the Hindu Minority and Guardianship Act, 1956, says “guardian” means a person having the care of the person of a minor or of his property or of both his person and property.
Section 17 of the Guardians and Wards Act, 1890 deals with the matters to be considered by the Court in appointing a guardian. In determining as to what will be for the welfare of the minor, the age, the sex, personal laws, the character and capacity of the guardian, his nearness of kin to the minor, the wishes (if any) of the minor’s deceased parent and previous and existing relations of the minor with the proposed guardian. If the minor is old enough to form an intelligent preference, the Court may also consider such preference.
The term ‘welfare’ should be understood in a very wide sense and includes not only the material and physical wellbeing of the minor but every factor connected with the moral and religious welfare, education and upbringing of the minor.
Q58. What is law relating to Child Labour?
The Mines Act of 1952: Mining being one of the most dangerous occupations, the Act prohibits the employment of children below 18 years of age in a mine.
The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the employment of children below the age of 14 years in hazardous occupations identified in a list by the law
The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment or in bondage.
The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children.
Other Acts are:
- Indian Stem Vessel Act, 1917
- The Children Pledging of Labour Act, 1933
- Employment of ChildrenAct, 1938
- Merchant Shipping Act, 1958
- Motor Transport Workers Act, 1961
- Beedi and Cigarette Workers (Conditions of Employment) Act, 1966
- Contract Labour (Regulation and Abolition) Act, 1970
Q59. What are the constitutional provisions relating to Child Education?
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.
In the case of Mohini Jain v. State of Karnataka, 1992, (1992) 3 SCC 666, and Unnikrishnan v. State of Andhra Pradesh, 1993, (1993) 1 SCC 645, it was contested that the right to education must be a fundamental right. Until then right to education was included as a non-enforceable right under the Directive Principles of State Policy. The Supreme Court held that the right to life includes the right to education and incorporated it as a fundamental right under Art. 21-A.
Q60. Describe the “Juvenile Justice Board”.
Section 4 of the Juvenile Justice Act of 2000 deals with the establishment and constitution of the council and also empowers the state government to establish a juvenile justice board for a district or group of districts. A child who has committed an offence may be brought before a member of the board if the board is not chaired in accordance with Section 5(2). Section 6(1) conferred on the Commission exclusive powers under the 2000 Juvenile Law in Conflict with the Law Act to hear all court proceedings.
The Juvenile Justice Council (JJB) is headed by a senior magistrate. He has exclusive jurisdiction to deal with juvenile cases. The magistrate of the Commission for Juvenile Justice is a magistrate “who should be a metropolitan magistrate or a first class magistrate with special knowledge in child psychology and child protection”. In the juvenile justice commission, two members are social workers, one of whom must be a woman.
The member of the juvenile justice council may be dismissed after an investigation by the state government for the following reasons:
- If he has been found guilty of misuse of power under this Act, or
- He/she has been convicted of an offence involving moral turpitude, and this conviction has not been reversed or he/she has not been totally pardoned for this offence, or
- He fails to attend Board proceedings for three consecutive months without cause or fails to attend at least three-quarters of the meeting in one year.