- Legal Explainers (54)
While no registration of an FIR is required in the case of petty and serious offences, the police are supposed to keep a record of it in the general diary along with the social background report. In the case of heinous offences, an FIR needs to be filed against a child.
Arresting a child
While arresting a child offender the police cannot handcuff or exert any force when they arrest a child and must immediately inform the parents or guardians of the child. The police officer must tell the child the location of the Juvenile Justice Board where they will be taken.
Punishment for Children
The punishments for Petty Offences and Serious Offences can include giving the child a firm warning, ordering the child to attend group counselling sessions, ordering the child to perform supervised community service, or ordering the child’s parents or guardians to pay a fine, or sending the child to a Special Home for up to 3 years.
If the Board decides that a child should be tried as an adult after a Preliminary Assessment, it sends the case to a Children’s Court. The Children’s Court may be an existing Sessions Court that deals with child-specific laws, or a special court set up to deal with crimes under the Juvenile Justice Act.
Preliminary Assessment of a child’s crime
A preliminary assessment is conducted when a heinous offence is committed by a child over the age of 16. This is an attempt to find out whether the child was mature enough to understand their action and the consequences of them when they committed the crime.
What is sex selection?
Sex selection includes any procedure, technique, test or administration or prescription or provision of anything to ensure or increase the probability that an embryo will be of a particular sex.
What is Adoption?
Adoption is the process through which a prospective adoptive parent lawfully assumes the responsibility of a child.
Children taking care of Parents
Indian law requires all persons to maintain and support their parents - biological, step-parents as well as adoptive.
Free and Compulsory Education
The Right to Education is a fundamental right guaranteed under Article 21A of the Constitution of India, 1950. The law guaranteeing the right to education is known as the Right of Children to Free and Compulsory Education Act, 2009.
What are prenatal diagnostic procedures?
It includes any gynaecological, obstetrical or medical procedures such as ultrasonography, to conduct any prenatal diagnostic tests for sex selection, before or after conception.
Under the Indian law, it is illegal to demand dowry from anyone related to the bride or groom as a condition of marriage.
Who can be Adopted?
Under the Hindu law and the non-religious law on adoption, certain conditions have been laid down to determine which children can be adopted.
Punishment for Abandoning and Neglecting Senior Citizen
If you leave a senior citizen at some place with the intention of abandoning them and not taking care of them, you can be punished.
Admission Process into Schools
All children between the ages of 6 to 14 years can get education from schools, free of cost, from the 1st standard (first class) till the 8th standard (eighth class).
Who does the law apply to?
The law prohibits anyone from doing or allowing any sex selection procedures and regulates every person who could be involved in the process of sex selection.
Exchange/Giving or Taking Dowry
Any person who gives or takes dowry, and anyone who helps in the exchange of dowry, can be punished under the Indian law.
Who can Adopt?
Under the non-religious law on adoption, you must meet certain conditions to be considered as a prospective adoptive parent.
Amount of Maintenance for Parents
There is no standard amount of money awarded as maintenance for parents. It is decided on a case-by-case basis.
Different Categories of Schools
The schools given below have the responsibility to make provisions for the free and compulsory elementary education of children.
Parental Responsibility of their Child’s Marriage
Women cannot be punished with imprisonment for failing to prevent the child marriage from taking place, and can only be fined.
What does the law prohibit?
The law prohibits conducting sex selection or prenatal diagnostic procedures, determining and communicating the sex of the foetus, selling machines for sex determination and advertising sex determination facilities.
Complaining about a Demand for Dowry
Under the Indian law, in case you have been coerced into paying dowry, you can still file a complaint against the offenders.
Who can Give a Child in Adoption?
Under the non-religious law on adoption, as a parent or a guardian you have the option to surrender your child.
Denial of Admission into Schools
No child can be denied admission to a school, irrespective of the time in the academic year in which admission is sought.
When are prenatal diagnostic procedures permitted?
The Indian law allows the use of prenatal diagnostic procedures in certain limited circumstances, mentioned herein.
Children Legally Free for Adoption
Declaring a child legally free for adoption allows such children to be put up for adoption under the non-religious law.
Maintenance under the Code of Criminal Procedure
A person who refuses to maintain parents who are unable to maintain themselves can be ordered to give a monthly allowance for maintenance.
Curriculum and Evaluation Procedures in Schools
Each state government has specified various academic authorities that have laid down the curriculum and evaluation procedures. These could be the State Council of Educational Research and Training (SCERT) or other academic institutions of the state.
How can I transfer property to an unborn person?
In order to transfer property to an unborn person, you must first transfer the property to a living person or trust, till his/her birth.
What are the offences and punishments under this law ?
Under the Indian law, every offence under the sex selection law is cognizable, non-bailable and non-compoundable.
Types of Adoption
The non-religious law on adoption lays down certain types of adoption, although these are not specified under the Hindu law on adoption.
Maintenance after death
The duty to maintain one's parents exists even after death. The amount of maintenance will be calculated as per the rules of inheritance.
Foeticide and Infanticide
If a sex determination procedure results in the abortion of a child, it would be a crime of foeticide. Whereas, killing or causing the death of a child after they are born is a crime known as infanticide..
Effects of Adoption
There are certain effects of adoption which arise with respect to property rights and familial connections.
Temporary maintenance for Senior Citizens
You can make an application to the court to order your children or relatives to pay you temporary maintenance (on a monthly basis).
Where can prenatal diagnostic procedures be conducted?
The law states that only Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics (registered centres) that are registered under the law can conduct permitted prenatal diagnostic procedures.
Procedure for Adopting a Child from a Foreign Country by Indian Citizens (Non-Religious Law)
Under the non-religious law on adoption, you must follow certain steps to adopt a child from a foreign country as an Indian citizen.
Claiming Maintenance from Tribunal for Senior Citizens
You can file an application in a Maintenance Tribunal under the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007.
Who is a guardian under Muslim law?
The marriage of a minor or a person with unsound mind can be contracted by male paternal relations including the father, brother, etc.
Responsibilities of Schools
The right to education law prescribes that the Pupil-Teacher Ratio should be maintained at 30:1 for first class to fifth class and 35:1 for sixth class to eighth class.
Who can you complain to about a breach of the law?
Courts can take cognizance of an offence under the law upon receiving a complaint from an appropriate authority, authorized officer, or any person who has given notice.
Procedure for Adoption by Overseas Citizen of India (OCI) or a Foreigner Living in India (Non-Religious Law)
Overseas Citizens of India (OCI) and foreigners who are habitual residents of India must follow certain steps to adopt a child.
Complaining/ Grievances Regarding Child’s Education
If you face any grievance or you have a complaint regarding the education of a child, you can approach the following authorities:
Procedure for Adoption by Resident Indians (Non-Religious Law)
As a resident Indian, you may opt for adoption within India. Your application for adoption will go through various stages.
Free Meals for Children in Schools (Mid-day Meal Scheme)
The law provides that all students between the ages of six to fourteen years who enrol and attend the school studying between I to VIII classes shall be entitled to nutritious meals at no cost.
Procedure for Adoption by Relative (Non-Religious Law)
As a relative of a child, following the non-religious law to adopt, you can adopt both within India and also do inter-country adoptions.
Qualifications of Teachers
The National Council for Teacher Education prescribes the qualifications for teachers in India. One of the essential qualifications for a person to be eligible for appointment as a teacher in any of the schools is that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government.
Procedure for Adoption by Step-Parent (Non-Religious Law)
As a step-parent of the child you want to adopt, you must follow the procedure given under the non-religious law on adoption.
Education for Children Belonging to Disadvantaged Groups
It is the duty of the government and the local authorities to ensure that children from disadvantaged groups are not discriminated against and are able to complete their elementary education.
Adoption by OCI or Non-Resident Indian (NRI) or a Foreigner Living Abroad (Non-Religious Law)
Overseas Citizens of India (OCI), Non-Resident Indians (NRI) and foreigners living abroad must follow certain steps to adopt a child.
Procedure for Hindu Adoption
Under the Hindu law on adoption, you do not have to follow any guidelines, but you may have to execute an adoption deed.
Punishments Under Adoption Law
You may be punished if you illegally take a child to a foreign country, abandon a child, receive payment in exchange for adoption, etc.
Help and Support
If you require any help, support or you want to raise an issue regarding the adoption, you can contact the Child Adoption Resource Authority.