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Child Protection In India: A Critical Evaluation Of Legal Frameworks Addressing Crimes And Violence Against Children




Khushi Pandey, Amity Law School, Amity University, Madhya Pradesh


ABSTRACT


The protection of children from crimes, exploitation, and violence constitutes one of the most pressing imperatives of contemporary Indian jurisprudence. This research paper undertakes a comprehensive and critical evaluation of the legal frameworks in India designed to address crimes and violence against children, tracing their development from pre-independence legislative antecedents to the sophisticated statutory architecture of the present day. The study examines the multi-layered legal structure comprising the Protection of Children from Sexual Offences Act, 2012, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Prohibition of Child Marriage Act, 2006, the Child Labour (Prohibition and Regulation) Amendment Act, 2016, and the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, within which questions of child protection and criminal accountability are adjudicated.


The paper devotes particular attention to landmark decisions of the Supreme Court of India, including Bachpan Bachao Andolan v. Union of India (2011), Independent Thought v. Union of India (2017), Nipun Saxena v. Union of India (2019), and Alakh Alok Srivastava v. Union of India (2018), which have collectively shaped the doctrinal landscape of child protection and institutional accountability. The study further investigates contemporary challenges including online child sexual exploitation, the inadequacy of rural child protection infrastructure, and institutional gaps. The research concludes with policy recommendations directed at strengthening the legal framework and ensuring that the best interests of the child remain the paramount consideration in all legislative and judicial interventions.


Keywords: Child Protection, POCSO Act, Juvenile Justice, Child Sexual Abuse, Child Labour, Child Marriage, Child Trafficking, Best Interests of the Child, Special Courts, Bharatiya Nyaya Sanhita, Supreme Court of India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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