Children’s Act, 1998 (No. 560)

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The act reforms and consolidates the law relating to children by providing for the rights of the child, maintenance and adoption, and by regulating child labour, apprenticeship and related matters.

Rights of child recognised by the Act include welfare, non-discrimination, right to parental property, to social activity, to education and well-being (adequate diet, immunisation), as well as protection from exploitative labour, from torture and degrading treatment.

The Children’s Act is organised in VI Parts. Part I concerns the rights of the child, and the administrative and judicial system in place to ensure care and protection. Rights of child recognised by the Act include welfare, non-discrimination, right to parental property, to social activity, to education and well-being (adequate diet, immunisation), as well as protection from exploitative labour, from torture and degrading treatment. The Part also recognises parental duty and responsibility and penalties for contravention.

Part II lays down provisions on Child Panels and Family Tribunals. A Child Panel shall have non-judicial functions to mediate in criminal and civil matters which concern a child prescribed under the Act. A Family Tribunal shall have jurisdiction in matters concerning parentage, custody, access and maintenance of children.  

Part III regulates parentage, custody and maintenance and Part IV fosterage and adoption. Part V is dedicated to child labour, and apprenticeship in the informal sector (“informal sector” means the area of economy other than industry); it establishes a minimum age for child labour, light work and hazardous employment and contains a general prohibition of exploitative labour and night labour. Part VI concerns institutionalised care and other miscellaneous matters such as registration of births, and determination of age of a child.