The Rights of Child Essay Example

The Rights of Child Essay Child Rights and Law : a guidebook for legal interventions PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Authored by: Maharukh Adenwalla Illustrated by: Kajal Gaba This publication is supported by: National Lottery Charities Board (UK) This publication is for private circulation. Any part of this publication may be reproduced or transmitted in any form or by any means with due acknowledgment to the authors and publishers. Â © CHILDLINE India Foundation, CIF First Published, February 2002 Printed at: Jenaz Printers, 261 2853 2 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 FOREWARD CHILDLINE often encounters calls that require legal intervention while addressing the emergency needs of children and protecting their rights. Many a times, it is fear of the judicial system, lack of knowledge about procedures, lack of support systems or simply getting stuck at what would seem as the simplest of procedures; the fact however is that legal interventions have never been easy. The idea of this manual germinated from some such difficulties faced in handling calls. In some calls, hospitals refused admissions to medically ill children, police refused to act on sexual abuse charges, authorities dealt ineffectively with institutional abuse or the labour department turned a blind eye at child labour. This manual serves as an insight into the legal responsibilities of varied allied systems that come in contact with a child, besides outlining intervention guidelines for calls that require legal inputs and procedures. This manual is a result of the various discussions held at different CHILDLINE artnership meets and forums, where the team shared their experiences, problems and concerns with respect to the legal system. The concept was also shared at the CHILDLINE Coordinators’ meet and this manual is a result of these discussions. We are grateful to Ms. Maharukh Adenwalla, a lawyer and child rights activist, for authoring this publication and meeting with the CHILDLINE teams in order to understand the legal problems faced by them. 3 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 This manual would definitely be of help, to intervene in legal cases. We will write a custom essay sample on The Rights of Child specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Rights of Child specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Rights of Child specifically for you FOR ONLY $16.38 $13.9/page Hire Writer However, the reader must remember that these guidelines are only ideal legal steps. At times, due to social pressures, a legal intervention step has to be combined with social work skills keeping in mind the best interest of the child and respecting the wishes of the child. It is equally important to explain the legal process involved, to the child. Therefore it is recommended that the team members discuss the nature and implications of legal interventions within the team and with the child before going ahead with legal action. This manual is divided into two parts. The first part illustrates different types of calls at CHILDLINE that require legal intervention. These calls overlap in different categories so the reader may find one case study classified into 2 or more categories, depending on the situation of the child in need of care and protection. This classification is also listed in Annexure-I. The second part of the manual deals with various laws related to children. We hope this manual is of use to not only our CHILDLINE teams but to other child rights activists as well, who work towards protecting children in need of care and protection. CHILDLINE India Foundation Team 4 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 PREFACE A child has rights, but due to age constraints is unable to claim her/ his rights. The rights of a child are exercised by proxy through the family, society and State. Unfortunately, these very agencies are responsible for violating children’s rights. Non-governmental organisations, therefore, play a vital role in protecting and promoting the rights of children. CHILDLINE constantly intervenes to ensure children their rights. CHILDLINE has been given special mention under the Juvenile Justice (Care and Protection of Children) Act 2000. Under this Act, CHILDLINE is empowered to produce a child in need of care and protection before the Child Welfare Committee. Other voluntary organisations or agencies are also empowered to perform such function, but require to be so recognised by the State government. Voluntary organisations or agencies not so recognised can approach CHILDLINE to safeguard the interests of children requiring care and protection. Most of the calls received by CHILDLINE are concerned with deprivation or violation of rights, and their responses are based in law. It is essential for activists to identify violation of legal rights and offer legal remedies. No longer is it enough to merely provide a place of safety to the child, the violator has to be punished and told that such conduct will not be tolerated. 5 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 6 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 CONTENTS No. Topics PART I CASE STUDIES 1 . 2. 3. Pysical abuse and forced domestic work by parents . 1 1 Physical abuse and non-payment of wages by employer 1 3 Physical abuse and wrongful confinement of domestic worker . 5 4. Refusal of police to record complaint of physical abuse of domestic worker 1 6 5. 6. 7. 8. 9. 10. 1. 1 12. 13. 14. 15. 16. Torture of domestic worker by police .. 1 6 Death of domestic worker due to neglect . 1 7 Children employed in bidi-making unit .. 1 8 Harassment by railway police 20 Permanent injury due to railway accident . 1 Eve-teasing at railway station . 22 Proposed child marriage .. 22 Corporal punishment at school . 23 Repeated physical abuse by father . 24 Sexual abuse by father .. 25 Rescue from brothel . 27 Child of woman in prostitution .. 27 7 Page No. PDF created with FinePrint pdfFactory Pro trial version http://www. ineprint. com 1098 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Pornography and sexual activity 28 Sexual Abuse in Obervation Home by Superintendent . 30 Death in Children’s Home . 3 1 Rape by neighbours 33 Arrest of 6 year old for commission of offence 34 Arrest of 10 year old for commission of offence .. 35 Lost child unable to give particulars 7 Search for missing child 38 Runaway child wanting to return home 38 Child tested HIV positive 39 HIV testing by residential institution . 39 Discharge from Public Hospital due to HIV status .. 40 Public Hospital’s refusal to treat a street child 4 1 Insistence by Public Hospital to lodge police complaint prior to admission/treatment .. 4 1 31. 32. 33. Dead child found on roadside .. 42 Permanent injury caused by motorist . 42 Guardianship Certificate for legal dues of deceased father . 43 34. 35. 36. 37. 38. Education facilities for disabled . 44 Mental illness of mother 45 Mentally disabled street child . 46 Custody of child on divorce . 6 Grant of Domicile Certificate 47 8 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 39. 40. 41. 42. Adoption by Hindu parent 48 Adoption of abandoned child . 49 Adoption by Indian Christian parent 50 Rescue from begging ring . 5 1 Part II CHILD RELATED LAWS AND JUDGEMENTS 1 . Constitution of India . 2 Public Interest Litigation .. 54 2. Right to Health 55 Pt. Parmanand Katara vs. Union of India (AIR 1989 S. C. 2039) 3. Right to Education . 56 Unni Krishnan, J. P. vs. State of Andhra Pradesh (AIR 1993 S. C. 2178) 4. The Juvenile Justice (Care and Protection of Children) Act 2000 56 Krist Pereira vs. The State of Maharashtra Ors. (Criminal Writ Petiti on No. 107 of 1996- Bombay High Court) 5. 6. The Women’s and Children’s (Licensing) Act 1956 67 The Child Labour (Prohibition and Regulation) Act 1986 68 M. C. Mehta vs. State of Tamil Nadu (AIR 1997 S. C. 699) 7. The Bonded Labour System (Abolition) Act 1976 70 Bandhua Mukti Morcha vs. Union of India (AIR 1984 S. C. 802) 9 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 8. Criminal Procedure 72 Bailable and Non-bailable Offence Cognizable and Non-cognizable Offence . 10. 1. 1 First Information Report .. 74 Indian Penal Code 1860 74 Torture .. 8 1 Rekha M. Kholkar vs. State of Goa Ors. (III (1995) CCR 470 (DB)) 12. 13. The Probation of Offenders Act 1958 .. 82 The Immoral Traffic (Prevention) Act 1956 . 83 The Public at Large vs. State of Maharashtra Ors. 1997 (4) Bom. C. R. 171 Prerana vs. State of Maharashtra (Writ Petition No. 1332 of 1999 -Bombay High Court) 14. 15. Maintenance of Children .. 93 Adoption . 95 Lakshmi Kant Pandey vs. Union of India (AIR 1984 S. C. 469) Central Adoption Resource Agency (CARA) Manuel Theodore D’Souza (2000 (2) Bom. C. R. 244) 16. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 .. 102 17. 18. The Child Marriage Restraint Act 1929 . 03 Annexure-I 105 10 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 PART I This Part of the book contains queries, some hypothetical and others frequently asked, to be handled by a CHILDLINE volunteer. Only necessary legal intervention in handling queries is dealt with in this book. It is essential for a CHILDLINE volunteer to have some basic knowledge of the law as many queries require a prompt legal response; initial action taken can make or break a case. Improper handling at the initial stage could cause irreparable damage to the child. It is also very important for CHILDLINE activists to identify advocates in their region who will provide legal support in complex cases. This book is a mere guide to help the CHILDLINE volunteer in providing immediate basic assistance to the caller. Case No. 1 Thirteen year old Gita is constantly harassed by her mother and step-father. Gita and her younger sister do domestic work in nearby households. Gita wants to go to school, but each time she suggests the same she is beaten by her mother and/or step-father. . The mother and step-father of Gita have committed an offence under the Indian Penal Code and the Juvenile Justice [Care and Protection of Children] Act. a) Causing hurt to any person is an offence under the Indian Penal Code, and is punishable with imprisonment which may extend to one year, or with fine which may extend to Rs. 1,000/-, or with both. b) Assaulting of a child by a person who is in charge of or control of that child is an offence under the Juvenile Justice [Care and Protection of Children] Act. The offender is liable to be punished with imprisonment which may extend to six months, or with fine, or with both. 11 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 2. CHILDLINE must bring this ill-treatment to the notice of the Child Welfare Committee established under the Juvenile Justice [Care and Protection of Children] Act, and ensure that an inquiry is initiated by the Committee. The mother and step-father of Gita will be called before the Committee along with their children. The aid of Special Juvenile Police Unit may be taken for production before the Committee. The Committee will speak with the children, and the mother/step-father. i) If it appears to the Committee that the children have been harassed or beaten by their mother/step-father, the children will be temporarily removed to the Children’s Home or a place of safety. CHILDLINE or any other organisation may apply for temporary custody of the children pending inquiry by the Committee. If the Committee is satisfied that CHILDLINE or any other organisation has the appropriate facilities, the children will be given in the temporary care of CHILDLINE or the other organisation. ii) If on completion of inquiry it is evident that the mother / step-father have been ill-treating Gita and her sister, the Committee may punish the mother / step-father with imprisonment / fine / both. (iii) If it appears to the Committee that the mother / stepfather are willing to care for the children, the children may be kept with the mother / step-father. The mother / step-father will be required to execu te a bond with or without surety, and will be responsible for the wellbeing of the children. The bond should contain a condition that the children will not be ill-treated or forced to do domestic work and will be sent to school. The Committee has the powers to put the children under 12 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 supervision of a Probation Officer. If the mother / stepfather continue with the ill-treatment, the children will be removed from their care and put into a Childrens Home or in the care of an appropriate organisation willing to care for the children. iv) If it appears to the Committee that the mother / stepfather are unfit to care for Gita and her sister, the children may be put in the care of a Childrens Home, or in the care of CHILDLINE or any other organisation, if CHILDLINE or the other organisation are able to satisfy the Committee that they have the requisite facilities for the care, education and healthy development of children. 3. If Gita and her sister have been severely beaten by the mother / step -father, it is necessary that a complaint be filed at the nearest police station. It is also necessary to ensure that the children are medically examined at a Public Hospital. The complaint may be filed by CHILDLINE or any person. In such case both the Child Welfare Committee and the police will conduct an investigation. The proceedings before the Committee will be with regards to the care and future of the children, whereas the criminal proceedings will focus on punishment to the offending mother / step-father. 4. It is necessary that a CHILDLINE representative be present during the proceedings before the Child Welfare Committee to protect the interest of Geeta and her sister. Case No. 2 Eleven year old Shabnam is physically abused by her employer. Shabnam has been working as a full-time domestic worker since the last year, but her employer has not paid Shabnam her wages. CHILDLINE has received this information through an anonymous caller. 13 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 1 . The CHILDLINE representative answering the telephone call must take down the address of Shabnams employer. 2. CHILDLINE must file a complaint with the police station nearest to the residence of Shabnams employer, and must in detail narrate the anonymous callers message. . A police officer is bound to take action if there is reasonable suspicion that an offence has been committed. A CHILDLINE representative must go along with the police to rescue Shabnam. Shabnam must be removed from the employers residence, and the employer must be arrested. 4. The police must record Shabnams statement. Shabnam should not be kept at the police station; she may be admitted to the Children’s Home or allowed to remain with CHILDLINE. 5. Shabnam must be produced before the Child Welfare Committee within 24 hours of her rescue. CHILDLINE or any other suitable organisation may make an application before the Committee for temporary custody of Shabnam pending inquiry. 6. Attempts must be made to contact Shabnams parents. The Child Welfare Committee may hand over Shabnam to her parents if (a) Shabnam is willing to go with them, and (b) the parents are willing to care for Shabnam. The Committee may require the parents to execute a bond for the well-being of Shabnam. The travelling expenses of the parent, i. e. the lowest railway fare, is to be borne by the Superintendent of the Children’s Home if the parents are unable to bear the travelling expense. The expense of the childs journey home is also to be borne by the Superintendent. 7. If Shabnam cannot be reunited with her parents, CHILDLINE or any other suitable organisation should make an application before the Child Welfare Committee for the care and custody of Shabnam. The Committee may supervise the placement through a Probation Officer. 14 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 8. The employer has committed an offence of causing hurt, and withholding Shabnams salary. i) The first is an offence under the Indian Penal Code and is punishable with imprisonment which may extend to one year, or with fine which may extend to Rs. 1,000-, or with both. (ii) Exploitation of a child by an employer and withholding a childs earning is an offence under Section 26 of the Juvenile Justice [Care and Protection of Children] Act, and is punishable with imprisonment which may extend to three years and fine. (iii) The employer is in charge of and has control over the juvenile, therefore the employer will also be liable for cruelty to juvenile under Section 23 of the Juvenile Justice [Care and Protection of Children] Act. Case No. 3 Shalini is working as a full-time domestic worker in Delhi. Shalini hails from a village in Madhya Pradesh. Shalinis employers have not paid her any salary, and they beat her if she asks for payment of her salary. Shalinis employers do not allow her to leave the house nor do they allow her to write to her family. Thirteen year old Shalini wants to return home to her family. 1 . 2. Replicate what has been mentioned in Case No. 2. In this case the employer has also committed the offence of wrongfully confining Shalini. Wrongful confinement means prevention from proceeding beyond certain limits. Wrongful confinement is punishable under the Indian Penal Code with imprisonment for a term which may extend to one year or fine which may extend to Rs. 1,000/- or both. If the confinement is for three or more days the imprisonment may extend to two years. 15 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Case No. 4 Rita who is 14 years of age has been physically assaulted by her employers. Rita escaped from her employers residence and is now with her mother. Ritas mother attempted to file a complaint with the concerned police station, but the police officer refused to record the complaint. In case of a police officer refusing to record the complaint, 1 . Reduce the complaint in writing, and address it to the Senior Police Inspector of the concerned police station. Mention in the complaint the name of the police personnel who refused to record the complaint. Take the acknowledgement of receipt on your copy of the complaint. 2. If the police personnel refuses to take the written complaint, send the written complaint to the concerned Assistant Commissioner of Police, with a copy to the Deputy Commissioner of Police and the Commissioner of Police, or the concerned Superintendent of Police. The complaint may be sent by registered post or by hand delivery. In case of hand delivery take acknowledgement of receipt on your copy of the complaint. 3. Advise Ritas mother to get Rita medically examined at a Public Hospital, i. e. a government or corporation hospital, and to get the injury marks photographed by a professional photographer. Case No. 5 Shyams employer has misplaced Rs. 200/-, and suspects Shyam of having stolen the money. The employer informs the police of his suspicion. The police pick-up Shyam for interrogation. The police torture him at the police station in order to force him to confess to having committed the offence. Shyam repeatedly 16 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 stated that he has not stolen the money. Shyam is later released by the police. Shyam is 15 years old. 1 . The police officers who have tortured Shyam are guilty of having committed an offence under Section 330 of the Indian Penal Code. This section deals with causing hurt to extort confession, or to compel restoration of property, and is punishable with imprisonment which may extend to seven years and fine. . CHILDLINE or any other organisation must file a complaint with the police station, and a copy of the complaint must be sent to the Commissioner of Police, Deputy Commissioner of Police and Assistant Commissioner of Police for information and necessary action. 3. CHILDLINE or any other organisation or individual should file a Writ Petition before the High Court fo r an order directing the offending police personnel to pay compensation for the physical injury and mental trauma caused to Shyam due to the illegal action of the police. [Refer to III (1995) CCR 470 (DB) : Rekha M. Kholkar vs. State of Goa] Case No. 6 Six year old Santosh died at the residence of Mr. A with whom he was working as a full-time domestic worker since the last one year. Mr. A told the neighbours that Santosh was ill and had died of natural causes. Anand, a friend of Santosh who works for Mr. As neighbours told his employer that Santosh was made to work eighteen hours a day, and was given left-overs as food. 1 . Anand or Anands employer must be persuaded to immediately report to the concerned police station the manner in which Santoshs employer used to treat Santosh. 2. Santoshs employer must be arrested for murder under Section 300 of the Indian Penal Code as he was definitely aware that starving Santosh was dangerous and in all probability would result in his 17 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 death. Murder is a non-bailable offence, and is punishable with death, or life imprisonment and fine. 3. If the body of Santosh has not been disposed of, the Post Mortem must be conducted. The Post Mortem Report will indicate the cause of death. 4. Murder is a cognizable offence, therefore the case will be prosecuted by the State through the Public Prosecutor. It is necessary that CHILDLINE or some other organisation takes the responsibility of coordinating with the Public Prosecutor to know what is happening in Court. 5. If the employer files a bail application, CHILDLINE or some other organisation should ensure that the Public Prosecutor opposes the bail application, or an advocate may be appointed on the parents behalf to oppose the bail application. If the parents cannot be traced, CHILDLINE or any other organisation should appoint a watching advocate to make submissions before the Court to ensure that the employer is punished. . Successful prosecution will send a message to the public that child abuse is severely dealt with by the Courts and law enforcers, this will act as a deterrent to potential abusers. Case No. 7 Boys between the age of 9 to 12 years are working in a bidimaking unit in Jalgaon district. An organisation has made repeated representations to the Collector but no action has been taken. 1 . Under Article 24 of the Cons titution, no child below the age of 14 years shall be made to work in any hazardous employment. 2. Bidi-making has been designated as a hazardous process at item No. 1) in Part B of the Schedule annexed to the Child Labour (Prohibition and Regulation) Act 1986. 18 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 3. CHILDLINE may undertake any of the following actions to stop this unlawful employment:a) File a complaint with the Inspector appointed under the Child Labour (Prohibition and Regulation) Act, and accompany him on his visit to the bidi-making unit. If children are found to be working at the unit, ensure that the Inspector files a complaint with the police or Magistrate of the First Class. ) CHILDLINE may file a complaint with the police. Accompany the police to the bidi-making unit. Panchnamas should be made. The police should file a complaint before the Magistrate of the First Class. c) CHILDLINE may directly file a complaint before the Magistrate of the First Class. d) CHILDLINE may bring this employment in contravention of the Child Labour (Prohibition and Regulation) Act to the notice of the High Court by filing a Public Interest Litigation. 4. Age of the child is of paramount importance. In the absence of proof of age, the child should be examined by a medical officer attached to a Public Hospital. Such medical officer will issue a certificate in respect of age of the child. 5. The employer should be made to deposit a sum of Rs. 20,000/- in the Child Labour Rehabilitation-cum-Welfare Fund in case of each child employed in contravention of the Child Labour (Prohibition and Regulation) Act. This Fund is to be established for each district. The State Government must also provide a job to an adult member of the family, and if the same is not possible, the State Government is required to deposit a sum of Rs. 5,000/- with the Fund. 6. In case of bonded labour, State Vigilance Committees have been established to monitor the implementation of the Bonded Labour 19 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 System (Abolition) Act 1976. The State Vigilance Committee includes as members, non-political social groups working at grass root levels. CHILDLINE should also keep the State Vigilance Committee informed, and ask them to intervene to stop child labour. Case No. 8 The caller witnessed ten year old Ramu being beaten by the Railway Police. Ramu was beaten as he was sleeping at the railway station. Ramu told the caller that this was a daily occurrence, and often the boys paid money to the Railway Police to be allowed to sleep at the station. 1 . Efforts must be made to identify those Railway Police who are beating and harassing the boys. The name and designation of such Railway Police should be obtained. 2. A complaint with regards to the offending Railway Police must be filed with his Superior Officer. This complaint should mention the behaviour of the offending Railway Police in detail. The complaint should be made by the boys, including Ramu, or by CHILDLINE or any other organisation. 3. The Railway Protection Forces Act 1957 provides for appointment of Railway Police Force to protect and safeguard railway property. Any Railway Police Force may be dismissed or suspended or reduced in rank due to improper or negligent discharge of duty. Such order for dismissal, suspension or reduction in rank may be passed by any Superior Officer. 4. A complaint may simultaneously be filed by the boys, including Ramu, or CHILDLINE or any other organisation against the offending Railway Police before the concerned police station as the Railway Police have acted in an illegal manner and are liable for criminal prosecution. 0 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Case No. 9 Twelve year old Shaikh was injured in a railway accident, and has lost a leg. Shaikh is a street child and due to the accident is not in a position to earn a living. 1 . CHILDLINE should assist Shaikh to file a claim before the Railways Claims Tribunal within one year of the accident. If the period of one year has elapsed, an application may be made to the Tribunal for condonation of delay. The application for condonation of delay must give reasons as to why the claim was not filed earlier. The Tribunal has been established under the Railways Act 1989, and is required to assess damages to be paid in case of railway accidents to the injured or family of the injured. 2. The application for claim must be submitted tot he Registrar of the Railways Claims Tribunal in 4 sets alongwith relevant documents, such as railway tickets. If the railway ticket is lost or misplaced, an application for claim can still be filed but the burden of proof will rest on the applicant. The applicant will be required to prove that a railway ticket is purchased and subsequently lost. 3. If a railway accident has resulted in death or grievous hurt, i. e. loss of limb, sight, hearing, permanent disfiguration of head or face, or fracture or dislocation of a bone or tooth, the same should be reported to the Station Master or railway servant. The accident should also be reported to the District Magistrate and Assistant Commissioner of Police / Superintendent of Police. An enquiry into the accident is to be conducted by the railway administration. Shaikh has lost a leg due to the accident, therefore the accident must be reported to the abovementioned authorities. 21 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 Case No. 10 Ravi has been caught eve-teasing at a railway station in Mumbai. Ravi is 19 years old, and has not acted in such manner in the past. 1 . Ravi will be produced before the Metropolitan Magistrate within 24 hours of arrest. An advocate may be appointed to file a bail application on behalf of Ravi. CHILDLINE must make arrangements for surety; the surety must bring his/her ration card, voters identity card, or some other proof of identification. 2. This offence is a bailable offence. The police are empowered to release Ravi on personal bond or on bail, with or without surety. 3. If Ravi pleads guilty or is held guilty of having committed the offence, Ravi may be punished with imprisonment and fine. Ravi has been convicted for a first offence, therefore the Court has the discretion to levy a reduced fine without imprisonment. On payment of the fine Ravi will be immediately released. 4. Under the Railways Act 1989 if any person commits any nuisance or act of indecency or uses abusive or obscene language, he may be removed by any railway servant from the station, and may be punished with imprisonment and fine. A railway servant is any person in service of the railway. Case No. 11 The aunt of Anu called to inform that Anus mother has fixed Anus marriage with a 40 year old widower. Anu is 14 years of age. 1 . The marriage of a male above 21 years of age with a girl under 18 years of age amounts to child marriage. Child marriage is an offence under the Child Marriage Restraint Act 1929. 22 PDF created with FinePrint pdfFactory Pro trial version http://www. fineprint. com 1098 2. The aunt of Anu should be advised to inform the mother of Anu that what