Procedures in Relation to Children in Need of Care and Protection and Children in Conflict with Law in India

  • Dr. Mahaveer Prasad Mali and Dipankar Chakraborty
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  • Dr. Mahaveer Prasad Mali

    Assistant Professor at Department of Law, NIMS School of Law, NIMS UNIVERSITY, Jaipur, Rajasthan, India

  • Dipankar Chakraborty

    Ph.D. student at Department of Law, NIMS School of Law, NIMS UNIVERSITY, Jaipur, Rajasthan, India

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This abstract provides a concise overview of the key procedures and legal frameworks designed to safeguard the rights and well-being of two distinct categories of children: those in need of care and protection (CNCP) and those in conflict with the law (CCL). These procedures are fundamental in ensuring that children, regardless of their circumstances, receive appropriate care and support. For children in need of care and protection, the procedures primarily revolve around the principles of the United Nations Convention on the Rights of the Child (CRC) and domestic legislation. It involves identifying children at risk, assessing their needs, and providing them with a safe and nurturing environment, often through child welfare agencies. Additionally, it includes family support services, foster care, or, when necessary, placement in institutions. In contrast, children in conflict with the law follow a separate set of procedures. These involve legal safeguards and due process rights to protect their rights and interests. Key elements include access to legal representation, confidentiality of proceedings, and a focus on restorative justice when appropriate. Diversion programs and rehabilitation efforts play a crucial role in helping CCL reintegrate into society and prevent recidivism. Efforts are made to distinguish between these two categories of children and ensure that CNCP are not criminalized, while CCL receive the necessary support and guidance to rehabilitate and reintegrate into society. Balancing the rights and welfare of children in need of care and protection and children in conflict with the law requires a comprehensive approach that combines legal, social, and psychological interventions. This abstract highlights the importance of these procedures in promoting the well-being and rights of all children, emphasizing the need for a child-centric approach in policy and practice.


Research Paper


International Journal of Legal Science and Innovation, Volume 5, Issue 6, Page 76 - 99


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