Who is a child? Govt has many answers

Finding a single definition to describe a ‘child’ is becoming an uphill task for the government. A simple query on ‘who is a child’ throws up several replies.

The UN convention on the Rights of Child defines a child as “every human being below the age of 18 unless under the law applicable to the child, majority is attained earlier.”  Biologically, a child is anyone between the stages of infancy and adulthood.  A child is a human being between the stages of birth and puberty. The legal definition of “child” refers to a minor, or somebody who is yet to become an adult. The Indian Penal Code (IPC) says a girl below 16 is a minor and can’t be a consensual partner in sex. Shouild sex happen, she becomes a victim of rape.

The Child Marriage Act, too, forbids marriage for girls and boys if they are below 18 years and 21 years. On the other hand, sections 5 and 11 of the Hindu Marriage Act don’t  authorise a court to declare a  marriage void on the ground that either party is ‘under age’. The marriage law thinks its okay for a husband to have sexual relationship with his wife who may be less than 18.

However, the compulsory education law says children up to 14 are entitled to free education. Similarly,  ‘children’ who are below 14 can’t eke out a livelihood. If they are found working in an establishment, the employer is charged under labour laws that prohibit employment of any child until they attain adulthood. Here, the age of adulthood is different for a boy and a girl. In custody disputes, a mother is the natural guardian until the child is five. And, a child who is legally living with his mother is entitled to maintenance until he is 18. In other words, the legislature feels that a child is capable of earning his bread by that age and he doesn’t need financial support. But a boy can get married only at 21 and thus can’t be deemed to be an adult until he arrives at that age. It’s an ageing problem that must be solved in tune with the reality.