The girl child did not have separate recognition until the Fourth World

Conference on Women,1995 also known as the Beijing Declaration. After the

long battle both at regional and international levels the girl child got separate
identification and became an international issue, separate from that of
children in general. The Convention on the Rights of the Child (CRC) and the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), together with their Optional Protocols, as well as other conventions
and treaties, provide the legal framework for the protection and promotion of
the human rights of girls. They prescribe a comprehensive set of measures to
ensure the elimination of discrimination against the girl-child. Article 1 of the
Convention on the Rights of the Child defines a child as “every human being
below the age of eighteen years unless under the law applicable to the child,
majority is attained earlier,” and article 2 clarifies that Convention rights are to
be enjoyed by children “without discrimination of any kind,” including on
grounds of sex. The Convention on the Elimination of All Forms of
Discrimination against Women sets out obligations of States parties to ensure
the practical realization of the principle of equality of men and women.
CEDAW protects the girl child against early marriage. Its provisions stipulate
that the ratifying countries declare the legal age for marriage.
The UNICEF’s programs and strategies made for decades addressed the status
and need for the girl child. It published many booklets and pamphlets
highlighting discrimination against girl child. Also South Asian Association for
Regional Cooperation (SAARC) also drew attention towards the girl child and
designated the 1990’s as the ‘ Decade for the girl child’. Unicefs and Saarcs
efforts played a positive role in raising the girl child subject during the Beijing
Conference in 1995.
The BD emphasized on The ‘GIRL CHILD OF TODAY IS THE WOMAN OF
TOMORROW’ This Conference highlighted HR’s of women and girl child and
also ensured effective action violations of these rights. It ensured that the
enjoyment of basic HR is fundamental to women and girl child and are
inalienable and integral part of universal HR’s
The world’s biggest Millennium Development Goals (MDGs) were adopted in
September 2000 when 189 member states of the UN adopted the Millennium
Declaration. It included commitments and targets to work together for poverty
eradication, gender equality, development and protecting the environment.
These goals pushed the issues of gender equality at the international level and
promoted the girl child’s rights. With international cooperation, gender equality is
achievable and the world can become free from poverty and inequality. The third
MDG, ‘Promote Gender Equality and Empowerment of Women’, addresses
gender disparity and promotes the rights of the girl child. MDGs encourage the
welfare of girls. It is a holistic approach to girls’ welfare. Goals such as the
achievement of universal education, gender equality and maternal health are all
correlated with women and girl child empowerment."
The girl child is protected by several general and specific treaties under
international law. UDHR, ICCPR and ICESCR established bill of rights that applies
universally. Article 24 of iccpr recognises the rights of children and emphasizes
equal rights for all children. ICESCR through its various articles highlights equal
rights for social security and an adquated standard for life for all.
In 2011, the UN took initiative and passed a resolution. It established 11 october s
the international day of the girl child and this day was selected for encouraging
the rights of girlls and addressing the unique challenges faced by them.
The Indian Constitution contains various kinds of protection to women and girls
and also prohibits all harmful traditions against girl child.
Fundamental Rights in the Constitution

Article 14- Shall not deny to any person equality before the law and equal protection of the law. >
Article 15(3)- Nothing in this article shall prevent the state from making any special provisions for
women and children.

Article 21- No person shall be deprived of his life or personal liberty except according to procedure
established by law.

Article 21 A- State shall provide free and compulsory education to all children of the age of six to
fourteen years.

Article 23- Traffic in human beings and beggar and other similar forms of forced labour are
prohibited.

Article 24- No child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.

Directive Principles of state policy

Article 39 (e)- The tender age of children and to ensure that they are not forced by economic
necessity to enter avocations unsuited to their age or strength; (f) that children are given
opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity
and that childhood and youth are protected against exploitation and against moral and material
abandonment.

Article 45- Provision for early childhood care and education to children below the age of six years.

Article 51- The State shall Endeavour to- (c) foster respect for international law and treaty
obligations.

FD

Article 51A- (k) parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years

IPC

82. Act of a child under seven years of age.—Nothing is an offence which is done by a child under
seven years of age.

83. Act of a child above seven and under twelve of immature understanding.—Nothing is an offence
which is done by a child above seven years of age and under twelve, who has not attained sufficient
maturity of understanding to judge of the nature and consequences of his conduct on that occasion

315. Act done with intent to prevent child being born alive or to cause it to die after birth.—
Whoever before the birth of any child does any act with the intention of thereby preventing that
child from being born alive or causing it to die after its birth, and does by such act prevent that child
from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith
for the purpose of saving the life of the mother, be punished with imprisonment of either
description for a term which may extend to ten years, or with fine, or with both.
316. Causing death of quick unborn child by act amounting to culpable homicide.—Whoever does
any act under such circumstances, that if he thereby caused death he would be guilty of culpable
homicide, and does by such act cause the death of a quick unborn child, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.

5.361: This section deals with punishment of kidnapping (male if underneath 16 years old and
female if beneath 18 years old).

[366A. Procuration of minor girl.—Whoever, by any means whatsoever, induces any minor girl under
the age of eighteen years to go from any place or to do any act with intent that such girl may be, or
knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person
shall be punishable with imprisonment which may extend to ten years, and shall also be liable to
fine.

366B. Importation of girl from foreign country.—Whoever imports into 3 [India] from any country
outside India 4 [or from the State of Jammu and Kashmir] any girl under the age of twenty-one years
with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit
intercourse with another person, 5 *** shall be punishable with imprisonment which may extend to
ten years and shall shall also be liable to fine.]

S.375: A man is said to commit "rape" if has sexual intercourse with a lady with or without her assent
when she is younger than 16 years. *

S.376: The section accommodates stringent punishment if: rape is committed by administration or
staff of Remand Home or some other place of care set up by law or kids' foundation, rape is
conferred upon a girl lady under 12 years old, gang rape is committed.

Pre-Conception and Pre-Natal Diagnostics Techniques Act 1994

Ultrasounds for sex determination followed by abortions were rampant by the 1980s.5 To curb this,
government announced Pre-Conception and Pre-Natal Diagnostics (PC&PNDT) Act in 1994.
According to the Act, “to provide for the prohibition of sex selection, before or after conception, and
for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities
or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-
linked disorders and for the prevention of their misuse for sex determination leading to female
foeticide; and, for matters connected therewith or incidental thereto”. The act essentially attempts
to restrict the supply side of the whole problem. The amendment in the act was done in 2003 to
strongly prevent this supply side. The amendment was done to cover several practical gaps that did
not allow smooth implementation of the Act. It makes it mandatory to keep records and audits
regarding the diagnostic tests done and thus it would be possible to curb sex selection and female
foeticide largely.

India being a signatory to the Convention ratified it and passed the Suppression of Immoral Traffic in
Women and Girls' Act, 1956 (SITA) in 1956. It was amended in 1986 and renamed Immoral Traffic
Prevention Act, 1956. The object of the Act is not abolition of prostitutes and prostitution as such
and to make it per se a criminal offence or punish a woman because she prostitutes herself but the
purpose of the Act seems to inhibit or abolish commercialized vice namely the traffic in women and
girls for the purposes of prostitution as an organized means of living.The Act, which is protective and
not punitive, makes, keeping a brothel13 or allowing premises to be kept as a brothel14 punishable.
Similarly, procuring,15 inducing or taking persons for the purpose of prostitution; detaining
persons16 in premises where prostitution is carried on or even living the earnings of prostitution
(except when they are her children) have also been made offences.

Sex work is legal where there is no third party involved, it is not done in or near a public place, it is
not forced, where is no solicitation, or when a sex worker resides alone. This law is limited because it
focuses only on abolishing trafficking for sex work and sexual exploitation, it fails to integrate
rehabilitation with rescue of victims, it fails to expressly provide for the confiscation of traffickers’
assets, and it has no mandatory provisions on the role of NGOs

Prohibition of child marriage Act, 2006

One of the most powerful provisions in this law is that child marriages are voidable where the
contracting party is a child at the time of marriage, as discussed earlier. Strong punishments include
males over 18 years being imprisoned for up to 2 years or being fined lakh rupees, or both.

Right of children to free and compulsory education act, 2009

This law: provides free and compulsory education to all children in India aged 6 to 14 years. No child
can be held back, expelled, or required to pass a board examination until the completion of
elementary education, and that a child who has not completed elementary education has a right to
receive special training, and would be entitled to free education until the completion of elementary
education, even if it extends beyond 14 years of age.

Juvenile Justice ( Care and protection of children) Act, 2015

The new law reinforces the approach of the juvenile justice system to
children in conflict with the law as well as children in need of care and
protection. a child in need of care and protection must be brought before the
Child Protection Committee Within 24 hours. The child in need of care and
protection is sent to the appropriate child protection institution and directed
by the child protection committee under the direction of a social worker.
Within 15 days, the social worker or child protection officer must conduct the
social inquiry. At least 20 days a month. The child protection committees
meet and the district magistrate conducts a quarterly review of the
functioning of the child protection committee.

For care, treatment, education, training, development and rehabilitation, a

child in need of care and protection will be placed in a children’s home.
Shelters open for children who need community support in the short term to
protect them from abuse or keep them away from street life under the law.
The Child Protection Committee could recognize an institution that is able to
temporarily assume a child’s responsibility. The rehabilitation of orphans,
abandoned or delivered children is taken care of by the Agency specialized in
adoption.

POCSO

POCSO Act, 2012 was enacted when the cases of sexual abuse against
children were rising. It contains provisions regarding the protection of
children from sexual assault and pornography and lays down the procedure
for the implementation of these laws.
Beti Bachao, Beti Padhao Launched with initial funding ofRs.100 crore the scheme aims to
address the issue of the declining child sex ratio image (CSR) and is a national initiative run
jointly by the Ministry of Women and Child Development, the Ministry of Health and Family
Welfare and the Ministry of Human Resource Development.
BBBP scheme aims to achieve the following:

 Improvement in the Sex Ratio at Birth (SRB) by 2 points every year,

 Improvement in the percentage of institutional deliveries or sustained at the
rate of 95% or above,
 1% increase in 1st Trimester ANC Registration per year, and
 1% increase in enrolment at secondary education level and skilling of
girls/women per year.
 To check dropout rate among girls at secondary and higher secondary levels.
 Raising awareness about safe menstrual hygiene management (MHM)

Sukanya Samriddhi Yojna Part of the ‘Beti Bachao, Beti Padhao’ campaign, this
Government of India backed saving scheme is targeted at the parents of girl children. The
programme encourages them to build a fund for future education and marriage expenses
for their female child. Parents can start saving early as the minimum amount of investment
required is small, and the account is active for 14 years from the date of opening the
account. Balika Samriddhi Yojana
The launching of the Balika Samriddhi Yojana in 1997 is a major initiative of Government to
raise the overall status of the girl child. It intends to change family and community attitudes
towards her and her mother. Under this scheme about 25 lakh girl children born every year
in families below the poverty line are to be benefited

For Child Development

Integrated Child Development Services (ICDS) Scheme is being implemented through

States/UTs with the aim of holistic development of children upto 6 years of age and to meet
nutritional needs of pregnant women and lactating mothers.

Integrated Child Protection Scheme (ICPS) (now Child protection Services) is being
implemented through the State Government/UT Administrations to create a safe and secure
environment for overall development of children in need of care and protection in urban
and semi-urban areas.

The Ujjawala scheme was launched in 2007 to put an end to the trafficking of children and
women. The objective of the scheme is to prevent, rescue, rehabilitate, reintegrate, and repatriate
victims trafficked for commercial sexual exploitation. 

The Mahila Samakhya Programme was an inclusive programme of the GOI and
the Ministry of Human Resources Development (MHRD) which expanded the aim
of this programme. In 1988, this programme was launched to fulfil the goals of
the New Policy on Education (NPE) 1986. The principle aim of the programme was
to empower girls and women through educational inclusion and to promote the
positive image of the contribution of women and girls in society, polity and
education, and to enhance their access to legal literacy as well as information
relating to their rights (GOI 2016). Although the predominant composition of
Mahila Samakhya is mainly associated with women from Scheduled Castes (SCs),
Scheduled Tribes (STs), and women and girls belonging to landless sections, it is to
be noted that it empowers all Indian women with special focus on SC, ST and
marginalized group of women. This programme seeks the attention of various
governmental and non-government organizations, and they support this
programme. The success of this programme was also visible when it got very
active support from the NGOs. Governments of other countries also promoted
this effort of the Indian government. For instance, in April 1989 this programme
got support from the Government of the Netherlands to fund this programme
(MHRD 2016). In 1991, the Mahila Samakhya Programme was incorporated with
the District Primary Education Programme (DPEP), which got some funds from
UNICEF. Both the actors worked for girls’ education in various states of India, such
as Bihar and Andhra Pradesh (Unterhalter and Dutt 2001, 62–63). Mahila
Samakhya Sangh is one of the oldest organizations working for women’s
empowerment and equality of men and women in India.
The Shiksha Karmi Project was also an inclusive, comprehensive and state-
specific programme of the Indian government and the state government of
Rajasthan which was implemented in 1987. It was supported by the Swedish
International Development Cooperation Agency (SIDA) and UNICEF. It promoted
the education of the girl child at the national level and state level
(Ward 2011, 547). The main aim of this project was to provide education in very
remote areas with the primary focus on girls
In 2006-07, the Bhagyalakshmi Scheme was launched with an objective of promoting the birth of girl
child in economically weaker families and to raise their statuswithin the family and society. Financial
assistance is provided to the girl child through her mother/fathe r/natural guardian subject to the
fulfillment of certain conditions.

an amount of Rs 19,300 will be deposited with the financial institution in the name of the first girl
beneficiary and Rs 18,350 in the name of the second girl beneficiary of the same family. On
attainment of 18 years of age, the first girl beneficiary who fulfills the conditions of the scheme will
get a maturity amount of Rs 1,00,097 and the second girl beneficiary will receive Rs 1,00,052.
In the landmark case of CEHAT, MASUM and Dr Sabu George v Union of India and others - in
light of the alarming decline in sex ratios in the country to the disadvantage of women, this
petition was filed seeking directions from the Supreme Court for the implementation of the
Pre-Natal Diagnostic Techniques Act which regulates the provision of pre-natal diagnostic
technology. In this case the Court took on the unique role of actually monitoring the
implementation of the law and issuing several beneficial directives over the course of 3
years during which the case was proceeding in court. This petition put the issue of sex
selection and sex selective abortion on the national agenda and as a consequence there
have been heightened activities on this issue by government and non-governmental
agencies alike.

Vinod Soni and Another Vs Union of India

By this petition, the petitioners who are married couple seek to challenge the constitutional
validity of Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection)
Act of 1994 (hereinafter referred to Sex Selection Act of 1994). The petition contains
basically two challenges to the enactment. First, it violates Article 14 of the Constitution and
second, that it violates Article 21 of the Constitution of India. It was held that Right to bring
into existence a life in future with a choice to determine the sex of that life cannot in itself to
be a right. Reliance is placed on a Supreme Court Judgment and two earlier decisions
whereby the Supreme Court has explained Article 21 and the rights bestowed thereby
include right to Food, clothing, decent environment, and even protection of cultural
heritage. These rights even if further expanded to the extremes of the possible elasticity of
the provisions of Article 21 cannot include right to selection of sex whether preconception
or post conception thus, not unconstitutional.

Shambhu s/o Bhausaheb Dhakne vs The State of Maharashtra 2022

LiveLaw (Bom) 22

A girl child is not property that can be donated, the Bombay High Court
(Aurangabad Bench) observed during a bail hearing after it noticed a
'danpatra' according to which the rape victim's father had allegedly donated
her to a self-proclaimed godman.

Justice Vibha Kankanwadi directed the Child Welfare Committee (CWC) to

ascertain if the teen was fit to be declared as a 'child in need of care and
protection' as contemplated under Section 2(14) of the Juvenile Justice
(Care and Protection of Children) Act.

Nawabuddin vs State of Uttarakhand 2022 LiveLaw (SC) 142

The Supreme Court observed that no leniency should be shown to a person

who has committed the offence under the POCSO Act. The Court observed
that children are precious human resources. However, in our country, a girl
child is in a very vulnerable position, the Court lamented.
"By awarding a suitable punishment commensurate with the act of sexual
assault, sexual harassment, a message must be conveyed to the society at
large that, if anybody commits any offence under the POCSO Act of sexual
assault, sexual harassment or use of children for pornographic purposes
they shall be punished suitably and no leniency shall be shown to them", the
bench comprising Justices MR Shah and BV Nagarathna observed while
dismissing an appeal filed by a man convicted under POCSO Act.