Skip to contentSkip to left sidebar Skip to footer

Chapter 7 Protection and Enforcement of the Rights of, and Liabilities Towards, the Child

 

  1. Local Level to enforce the rights of the child: (1) If a person violates the rights of a child referred to in Chapter 2 or does not fulfil his or her liabilities towards the child referred to in Chapter 3, the concerned child or the stakeholder may file an application with the judicial committee of the Local Level where the child is residing, for the enforcement of such rights or liabilities.

(2) If an application is received pursuant to sub-section (1), the judicial committee may require the person concerned to appear within twenty-four hours, excluding the time required for journey, and make necessary inquiry.

(3) If, in making inquiry pursuant to sub-section (2), it appears that the person concerned has violated the rights of the child or has not fulfilled her or his liabilities towards the child, the judicial committee shall, within thirty days of the receipt of the application, order the person, organization or agency concerned at the Local Level to enforce the rights of the child or fulfil the liabilities towards the child.

(4) If, in making inquiry pursuant to sub-section (2), it appears that the matter of enforcing the rights of the child or fulfilment of the liabilities towards the child does not fall under its jurisdiction, the judicial committee shall write to the judicial committee of the other Local Level concerned to enforce the rights of the child or fulfil the liabilities towards the child.

(5) If a correspondence is received pursuant to sub-section (4), the judicial committee of the Local Level concerned shall make arrangements to enforce the rights of the child and fulfilment of the liabilities towards the child pursuant to sub-section (3).

(6) While enforcing the rights of the child or fulfilment of the liabilities towards the child pursuant to this Section, the judicial committee may give necessary suggestions to the child, guardian or family member or warning to the guardian or family member.

  1. To enforce the rights of the child: (1) Notwithstanding anything contained in Section 64, if a person violates the rights of the child referred to in Chapter-2 or does not fulfil the liabilities towards the child referred to in Chapter-3, the concerned child or stakeholder may file an application directly to the concerned High Court to have the said rights enforced or the said liabilities fulfilled.

(2) If an application is received pursuant to sub-section (1), the High Court shall make necessary inquiry into the application and make an appropriate order to the person, organization or agency concerned to enforce the rights of the child or fulfil the duties towards the child.

(3) If, in making inquiry into the application received pursuant to sub-section (1), it appears that the guardian or family member has violated the rights of the child or has not fulfilled his or her liabilities towards the child, the High Court shall inform such a guardian or family member about the rights of the child and have him or her make commitment to not to repeat the violation of the rights of the child or to fulfil his or her liabilities towards the child.

(4) While making an order pursuant to sub-section (2), the High Court may warn the person or chief of the organization or agency that has violated the rights of the child or has not fulfilled their duties towards the child or to impose punishment on them and order the recovery of compensation from them pursuant to this Act.