Right of minor to liberty and opportunities enhanced. Punishes the cases of teen pregnancy, child marriage - ensuring women empowerment. Provides opportunity for education and self development by prohibiting any conduct that affects mental health.
Main Body
It has transformed the Indian legal framework in the following ways: i) Rights and welfare of children put at the forefront ii) Recognises the rights of minor against sexual acts. iii) Minimum age of consent for consensual adults defined. iv) The minor-adult criteria utilised to solve other legal cases to determine the acts of accused.
However, some lacunae in the act exists: i) Punishes consenting sex among person of same age minor age. ii) Fast track courts set up under the act sometimes delay the punishment. iii) Punishment to husband of minor leads to other issues. iv) Low focus on rehabilitation and reformation. Most of the sexual harassment cases are not reported due to proximity of relation of perpetrator and the victim. A justice system which encourages reporting, strict, and efficient is needed to implement the Act in letter and spirit. Definition of minor must be made uniform to better implement it.
- Identifies key areas transformed by legal provisions
- Connects multiple legal protections (consent age, minor-adult criteria)
- Shows practical application of law
- Identifies specific lacunae in legal framework
- Recognizes reporting gaps due to social factors
- Proposes reforms needed
Aditya Agarwal
Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions of the Indian Constitution
Rights and Welfare of Children
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