The concept of Child Rights & Development is a framework that defines a child as any human being below the age of 18 and asserts their inherent civil, political, economic, social, and cultural rights. Its origin is the shift from a "child welfare" to a "child rights" approach in the twentieth century. The global standard is the United Nations Convention on the Rights of the Child (UNCRC), a legally binding international instrument adopted on November 20, 1989. India ratified the UNCRC on December 11, 1992, obligating the country to align its national laws with these standards.
The primary mechanism in India is the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015), which came into force on January 15, 2016, replacing the 2000 Act. The Act works by distinguishing between a Child in Conflict with Law (CCL), who is dealt with by the Juvenile Justice Board (JJB), and a Child in Need of Care and Protection (CNCP), who is handled by the Child Welfare Committee (CWC). A key provision allows the JJB to assess children aged 16-18 accused of heinous offences to determine if they should be tried as adults in a Children's Court.
The concept connects to the National Commission for Protection of Child Rights (NCPCR), a statutory body established in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005. The NCPCR monitors the implementation of child rights laws, including the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
The JJ Act, 2015 was recently amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. The amendment empowered the District Magistrate (DM) to issue adoption orders under Section 61, a function previously held by the civil court, to ensure speedy disposal. It also redefined "serious offences" to include those with a maximum sentence of more than seven years but no minimum sentence or a minimum sentence of less than seven years.