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Legal Rights Of Orphan In India

Children are the best gift from God if children are treated with best human output, the society are going to be more benefited and feel proud of then. If children are neglected there'll be loss in society. There are some children who are born to such parents who are poor for generations and not allowed to teach themselves or their children who are ostracised from mains societies and there have been some another child who born to some parents, whose parents either died or left them in park or in dustbins etc.

So it shows that both these children need sympathy and care. per the Orphan child (provision of social security) Bill 2016 sec 2d orphan child means a toddler who has been abandoned has lost both parents or whose parents' identity isn't known and includes a baby who isn't an element of family either or foster.

Problem & Issues Faced by The Orphans In India:

The orphanages seem good for homeless street children but these orphanages are dens of cruelty to children. Exploitation, sexual and psychological violence and abuses at orphanages is common. Basically, orphan children are often taken care of until 18 then they need to measure their own and will lack direction may face scarcity of resources and job opportunities.

There could also be higher risk of inculcating more of negative emotions like depression and anger. Children at orphanages are ruled with fear, children are kept unaware of their rights so that they don't know whom they need to report if any violation happened to them. Quality of education is poor, lack of well-trained educated staff and lacks infrastructure.

Constitutional provisions associated with child:

  • According to Article 21A rights to free and compulsory teaching for all children within the 6-14 years age.
  • According to Article 24 rights to be shielded from any hazardous employment till the age of 14 years.
  • According to Article 39e right to be shielded from being abused and compelled by the economic necessity to enter occupation unsuited to their age or strength
  • According to Article 39f rights to equal opportunities and facilities to develop in healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment.
  • According to Article right to time of life care and therefore the education to all or any the youngsters until they complete the age of six years.

Act & Bill associated with orphan is:

Orphanages and other charitable homes (supervision and control) Act 1960:
An Act to produce supervision and control of orphanage's, homes for neglected women and youngsters and other like institutions and for matters connected matters connected with.

Bills associated with orphan:
  • The orphan child (provision of social security) Bill 2016
  • To provide for Social Security and welfare measures to orphan children and for matters connected therewithin.
  • Juvenile justice (Care and Protection of Children) Bill, 2015
The bill introduces charge in India. families will join up for tutelage and abandoned , orphaned children, or those in conflict with law are sent to them .such families are going to be monitored and shall receive assist from the state.

Welfare schemes for orphan children:

Juvenile justice (care and protection of children) Act, 2015 states that orphan child within the country are children in need of care and protection and also the main responsibility or we will say primary responsibility of the execution of the act lies with the union territory/states. for supporting the kids in numerous circumstances, the ministry of ladies and child development is implementing a centrally sponsored child protection schemes and prime responsibilities lies with regime /UT administration.

Financial assistance is provided to them by central government for under taking a situational analysis of youngsters in difficult circumstances. Under the scheme children with in conflict of law and kids in need of care and protection is provided in child care institutions. This scheme also applies for non-institutional care and here support is extended for guardianship, sponsorship, adoption.

Benefits for children orphaned by Covid 19

PM Narendra Modi announced number of welfare measures for youngsters who lost their parents. They make sure that the kids who lost their parents in covid are provided monthly financial support ensuring a corpus of rupees 10 lakh after they turn 18 and providing for his or her education. Prime minister's office said in a very statement that fixed deposit are opened within the name of such children this corpus are wont to provides a monthly backing or stipend.

From 18 years old then it'll be for next five years to require care of his personal requirements and on reaching the age of 23 years they'll get the number lumpsum for professional and private use. insurance of rupees 5 lakh are going to be paid by PM care fund till the kid achieve 18 years old.

Supreme Court order:
The supreme court has directed the states and union territories to take action against NGO'S and private individuals who is sending invitation or invite people to illegally adopt children orphaned by the pandemic. A bench of justices Nageswara Rao and Aniruddha Bose ordered the government to step and prevent private entities from exposing the identities of pandemic affected children and also directed the state government and union territory were directed to prevent any NGO from collecting funds in the name of affected children and no adoption of affected children should be permitted contrary to the provision s of juvenile justice Act, 2015 for the adoption of child CARA involvement is must without them involvement no adoption can be done.

References:
  • Constitution of India
  • Orphanages and other charitable homes (supervision and control ) Act 1960
  • The orphan child (provision of social security) Bill 2016
  • Juvenile justice (Care and Protection of Children) Bill, 2015
  • https://indiankanoon.org/doc/1759043/
  • https://www.haqcrc.org/child-rights/constitution-of-india/
  • https://www.haqcrc.org/pdf/the-orphanages-and-other-charitable-home-supervision-and-control-act-1960/
  • https://pib.gov.in/PressReleasePage.aspx?PRID=1602395
  • https://skchildrenfoundation.com/articles-of-indian-constitution-child-rights/
  • https://www.savethechildren.in/child-protection/how-indias-children-are-mistreated-at-orphanages/
  • https://economictimes.indiatimes.com/news/india/pm-modi-announces-benefits-for-children-orphaned-by-covid/articleshow/83066302.cms
  • https://www.thehindu.com/news/national/supreme-court-urged-to-stop-illegal-adoption-of-children-orphaned-by-covid-19/article34752207.ece

Award Winning Written By:
  1. Riya sarraf (4th year BSC LL.B) - Mody University (Laxmangarh)
    Email: [email protected]
  2. Varsha Agarwal (4th year BSC LL.B) - Mody University (Laxmangarh)
    Email: [email protected]
Awarded certificate of Excellence
Authentication No: MA40458919022-18-0522

 

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