Legislative framework governing child rights:
Child Labour (Prohibition and Regulation) Act, 2016 (amendment of the 1986 act)
As per the law, a child is defined as a person below 18 years of age. Children below 14 years of age are prohibited from working in all occupations, except: helping in non-hazardous family business, and child artists in entertainment industry and sports. Children between 14 to 18 years of age (also called adolescents) are prohibited from working in hazardous occupations. Violation of the law by an employer can invite imprisonment for a term of 6 months to 2 years.
Persons with disabilities are individuals having physical or intellectual impairment that prevents them from exploring their full potential. Persons with disabilities are more respectfully referred to as “differently abled”, because their disabilities are not purely natural but often social in nature, inflicted upon them through discrimination and apathy (as in a society that doesn’t make its public places wheelchair accessible).
Sexual harassment refers to unwelcome sexual advance, physical or verbal conduct of a sexual nature, which has implications on an individual’s employment, education or living environment, or which creates an intimidating and hostile environment for the individual.
In India, the response of the state to this menace has been in terms of the 2013 Sexual Harassment Act, amendments to the criminal law to increase penalty for sexual harassment, and issuance of guidelines by SEBI.
Transgender people are individuals of any age or sex whose appearance, personal characteristics or behaviours differ from stereotypes about how men and women are supposed to be. Their community is also called LGBT community. Let us broadly see how transgenders are discriminated against, what legal rights do they have and what limitations they face, the landmark NALSA judgement, Section 377, and the Transgender Persons (Protection of Rights) Bill, 2016.
The ban on triple talaq, and calls for a uniform civil code have brought the personal law again into the headlines. Personal law in India is religion specific and has a long history beginning in the British Raj. Its evolution is marked by a struggle between modernism and orthodoxy, as exemplified by the Shah Bano Case. Let us see what personal laws are, their salient features, and the issues of Uniform Civil Code, and Triple Talaq, and the landmark Shah Bano Case.
Indian laws tend to be pro-women in various matters. Progressive discrimination was deemed necessary in a country which recorded a dowry death every hour, on average, and where violence against women has been regarded as normal.
As per NCRB (National Crime Records Bureau) data 2016, incidents of rape against women have risen far more sharply as compared to a rise in other crimes against women. Though this surge in numbers may have partly been caused by increased reporting due to rising awareness about gender justice, it still puts into question the efficacy of stringent punishments.