SC to examine discrepancies in definition of child in India

New Delhi, July 12 (UNI) The Supreme Court today issued notice to the centre, National Commission for Women(NCW),DGP, Haryana and one Mandeep Malik on a petition seeking directions to the centre to amend the existing laws to bring uniformity in the definition of a child and also to fix a uniform age of attaining majority.

A bench comprising Chief Justice K G Balakrishnan and Mr Justice R V Raveendran issued a notice on petition filed by Manoj Sharma, former judicial officer of Haryana who also sought directions to DGP, Haryana and Mandeep Malik to hand over the custody of his minor daughter Pooja, who was allegedly kidnapped on September, 4 last year from the lawful custody of her parents from Bhiwani in Haryana.

The petitioner has pointed out differences and discrepances in the definition of a child under various laws.

Under Juvenile Justice (care and protection of the children)Act 2000, a person below the age of 18 years is child.Under labour act ,the definition of a child says that a person below the age of 14 years is a child .In Child Marriage Restraint Act 1929 ,the marriagable age for a girl is 18 years and for a boy it is 21 years.

Under IPC a girl below the age of 16 years is a minor and under Shariat law the marriageable age for a girl is 15 years.

IPC also says that a husband can be held guilty of rape of his wife if the age of wife is below 12 years.

The petitioner in his petition has also prayed to the court to issue directions to the respondants for quashing the explanation to Sec 375 (IPC).

UNI