(a) whether the Government is considering to do away with
the discrepancies it witnesses in the context of age brackets
defining ‘children’ with Juvenile Justice Act, UN Convention
on Child Rights defining any individual as a child upto the
age of 18 years, whereas the RTE Act, 2009 restricts it to 14
years of age;
(b) if so, the details in this regard; and
(c) if not, the manner in which the Government proposes to
tackle such legal deficiencies?
MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT
(Dr. D. PURANDESWARI)
(a) to (c): The Juvenile Justice Act, 2000 which was enacted
after India ratified the UN Convention on the Rights of the
Child, defines ‘child’ as a person who has not completed
eighteenth year of age. It was enacted to consolidate and amend
the law relating to juveniles in conflict with law and children
in need of care and protection, by providing for proper care,
protection and treatment by catering to their development
needs, and by adopting a child-friendly approach in the
adjudication and disposition of matters in the best interest of
children for their ultimate rehabilitation through various
institutions established under that enactment. The Right of
Children to Free and Compulsory Education (RTE) Act, 2009,
however, represents the consequential legislation to the
Constitution (Eighty-sixth Amendment) Act, 2002, which inserted
Article 21-A in the Constitution to provide free and
compulsory education to all children in the age group of six to
fourteen years.