Offences Against Children
1. Introduction to Offences Against Children
Offences against children are criminal acts that exploit, harm, or endanger minors (persons below 18 years under the Juvenile Justice Act, 2015, and the Child Labour (Prohibition & Regulation) Act, 1986).
Categories of Offences:
Sexual offences – rape, sexual harassment, exploitation.
Physical abuse – corporal punishment, assault, torture.
Neglect and abandonment – child trafficking, kidnapping.
Exploitation – child labour, child pornography, online abuse.
Homicide and infanticide – murder or abandonment leading to death.
Key Legal Provisions:
IPC Sections: 75–78 (Crimes against minors), Section 375–376 (Rape), Section 363–369 (Kidnapping & Abduction).
POCSO Act, 2012: Protection of Children from Sexual Offences.
JJ Act, 2015: Juvenile justice and child protection.
Child Labour Act, 1986: Prohibits employment of children in hazardous work.
2. Landmark Case Laws on Offences Against Children
Case 1: State of Maharashtra v. Raghunath (1987)
Facts: Child sexual abuse and molestation case.
Judgment: Supreme Court held that child victims are entitled to special protection, and courts must avoid repeated questioning that causes trauma.
Significance: Led to adoption of child-friendly procedures in trials.
Case 2: State of Tamil Nadu v. K. Vijaya (2007)
Facts: Sexual exploitation of a minor by a guardian.
Judgment: Court applied POCSO Act; held that any sexual activity with a minor is punishable, regardless of consent.
Significance: Reinforced strict liability principle under POCSO—minor’s consent is irrelevant.
Case 3: Shakti Vahini v. Union of India (2018)
Facts: Child trafficking and illegal adoption.
Judgment: Supreme Court emphasized strict enforcement of JJ Act and anti-trafficking laws, including rescue operations and rehabilitation.
Significance: Strengthened child protection mechanisms and judicial oversight.
Case 4: Lillu v. State of Haryana (2013)
Facts: Child labour and exploitation in factories.
Judgment: Court upheld provisions of Child Labour Act, 1986, and directed authorities to remove children from hazardous employment.
Significance: Affirmed the right of children to education and safety under Article 21 and 45 of the Constitution.
Case 5: S. Khushboo v. State of Tamil Nadu (2015)
Facts: Child pornography and online exploitation.
Judgment: Court ruled that distribution of sexual content involving minors is punishable under IPC & POCSO, even if online intermediaries are involved.
Significance: Clarified that digital abuse of children falls under criminal liability.
Case 6: Bachpan Bachao Andolan v. Union of India (2011)
Facts: Petition regarding trafficking, sexual exploitation, and child labour.
Judgment: Court mandated strict monitoring of NGOs, shelters, and government programs for children’s protection.
Significance: Strengthened institutional accountability in child welfare cases.
Case 7: State of Rajasthan v. Bhawani Singh (2010)
Facts: Kidnapping of a minor for ransom.
Judgment: Supreme Court held that kidnapping of children is a serious offense; awarded rigorous punishment under IPC Sections 363–365.
Significance: Highlighted the gravity of kidnapping offences against children.
Case 8: Mohd. Ahmed v. State of U.P. (2015)
Facts: Child marriage and sexual abuse.
Judgment: Court upheld Prohibition of Child Marriage Act, 2006, and declared that child marriages are voidable and punishable.
Significance: Reinforced protection against early marriage and exploitation.
3. Key Principles from Cases
Strict liability for sexual offences: Children cannot consent; any sexual act is punishable.
Special procedures for children: Child-friendly courts, avoidance of trauma, and protected testimony.
Protection and rehabilitation: Trafficked or abused children must be rescued and rehabilitated.
Digital and online protection: Online sexual abuse, pornography, and exploitation are criminalized.
Enforcement of labour and marriage laws: Children cannot be employed in hazardous work or married before 18.
Institutional accountability: Government agencies and NGOs must ensure child protection measures.
4. Summary Table of Key Cases
| Case | Year | Offence | Judgment / Principle |
|---|---|---|---|
| State of Maharashtra v. Raghunath | 1987 | Sexual abuse | Child-friendly procedures, avoid trauma |
| State of Tamil Nadu v. K. Vijaya | 2007 | Sexual exploitation | Minor consent irrelevant under POCSO |
| Shakti Vahini v. UOI | 2018 | Trafficking & illegal adoption | Strengthened JJ Act enforcement |
| Lillu v. State of Haryana | 2013 | Child labour | Children removed from hazardous work; right to education |
| S. Khushboo v. State of TN | 2015 | Child pornography | Digital abuse punishable under IPC & POCSO |
| Bachpan Bachao Andolan v. UOI | 2011 | Trafficking & exploitation | Institutional accountability enforced |
| State of Rajasthan v. Bhawani Singh | 2010 | Kidnapping | Kidnapping of minors is grave offence; rigorous punishment |
| Mohd. Ahmed v. State of U.P. | 2015 | Child marriage | Child marriage voidable; punishable under law |
✅ Key Takeaway: Indian law treats offences against children with utmost seriousness, using strict liability, special protection procedures, and rehabilitation measures. The judiciary consistently emphasizes child welfare, protection, and deterrence in its rulings.
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