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Press Release

WHO IS A CHILD?

According to the Convention on the Rights of the Child, ratified by India is December 1992:

A child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier.

According to UN estimates, there are close to 400 million children below the age of 18 years living in India more even than in China.

However, the legal conception of a child varies depending upon the purpose: whether it is for imposing legal disabilities, (e.g. in the political rights sphere), for spelling out duties and obligations (e.g., in the juvenile justice system), for affording protection (e.g., from exploitation or hazardous employment), or for establishing eligibility to receive benefits or special services (e.g., health, education and maintenance benefits).

The Census of India treats persons below the age of 14 years as children.

According to the Indian Penal Code 1860, nothing is an offence, which is done by a child under seven years of age (Section 82).

In the Juvenile Justice Act 1986, Juvenile is a boy who has not attained an age of 16 years, and a girl who has not attained the age of 18 years.

According to the Child Marriage Restraint Act of 1929, child means a person who if a male, has not completed 21 years of age, and if a female, has not completed 18 years of age.

In the Factories Act 1948, no child who has not completed his fourteenth years shall be required or allowed to work in any factory.

According to the Mines (Amendment) Act of 1983, no person below the age of 18 years shall be allowed to work in any mine or part thereof.

The Child Labour (Prohibition and Regulation) Act of 1986 defines as child as a person who has not completed his fourteenth year of age.