India

Here's what is happening in India from the Times of India

Panel to decide upper age limit of childhood

NEW DELHI: When does childhood end? At 18, when a girl can marry; 16, when she can give consent for sex; or 14, when a person can work in hazardous jobs? These legal ambiguities may soon be history, with moves afoot to hammer out a uniform definition of "child" in India. The National Commission for Child Rights (NCPCR) has constituted a committee, comprising representatives from ministries of HRD, labour and women and child development, to redefine the upper age limit of childhood in the country. The committee, chaired by NCPCR member Deepa Dikshit, will place its final suggestions by March this year. And, it's likely to follow the UN Convention on the Rights of the Child while arriving at a common age, after which a person should not be legally regarded as a child. According to Article 1 of UNCRC, "a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier". The Article, however, grants individual countries the discretion to determine by law whether childhood ceases at 12, 14, 16 or whatever age is found appropriate. Being a signatory to UNCRC, NCPCR in its preamble, vows to protect the rights of anyone under the age of 18. Having a single definition of childhood age will have far-reaching consequences. "There are multiple variations in India about the definition of a child. NCPCR believes that UNCRC's definition of a child should be universally accepted by the government for right to education, prevention of child labour, booking anyone under criminal law or any other purpose. This would certainly be a step forward for protection of child rights in education, as lakhs of children in the age group of 15-18 years will then be able to avail of government schemes of free and compulsory education. Currently, the right to education is restricted to the age of 14, when a child is in Class VIII or IX. There should be compulsory education till 18 years, when they can at least study till Class XII," NCPCR chairperson Shantha Sinha told TOI. There are wide variations regarding the definition of a child in India. For purposes of legal protection against kidnapping and related offences, it's 16 years for boys and 18 for girls. But for special treatment under the Juvenile Justice (Care and Protection of Children) Act 2000, the age is 18 for both boys and girls. And the Protection of Women from Domestic Violence Act 2005 defines a child as any person below the age of 18, and includes an adopted step or foster child. "Article 21 A of the Constitution of India says that the state shall provide free and compulsory education to all children within the ages of six and 14, while Article 45 specifies that the state shall endeavour to provide early childhood care and education for all children until they complete the age of six," Sinha said.