Child law
Querist :
Anonymous
(Querist) 26 May 2020
This query is : Resolved
Hello Experts, I am salaried guy living in Mumbai. In the month of Jan 2020 my son who is around 12 years was playing with his friends in the society campus. while playing one of my kids friend (named Priyesh) got hurt and got his leg fractured. They were riding bicycles. Myself and my wife to the hospital too see the Priyesh. Priyesh is 10 years old. His parents were also there and they started blaming my kid for the incident. Priyesh was hospitilized for three days. After he came home, i took my kid to see priyesh and meet his parents at their residence. When we went Priyeshs mother scolded my kid very badly and asked for money also for payment of hospital bills. Post that incident all other kids has stopped playing with my kid. There is one more neighbour who with Priyesh mother has instigated all other kids for not to play with my kid. Now from past almost 4 months my kid is going through depression since he is scared and his friends has stopped playing / talking with him. I have given a written complaint about this whole incident to the society chairmen / sectartry but nothing good has happen nor they have taken any action. I request the experts to give me advice as if I can initiate any legal action against Priyeshs mother and the neighbour. Please help.
Raj Kumar Makkad
(Expert) 26 May 2020
We can sensitively understand the problem being faced by you and your son but frankly saying, there is no separate law to deal with such situation except a direction of Punjab & Haryana High Court, vide which a strong action was directed to be initiated against the Panchayat representatives instigating residents of the locality to boycott a particular family.
In your case, children of minor age are involved. In the given facts, it shall be good if you with your personal efforts, change the minor of other residents of your society and develop sweet relationship so that earlier situation may be got restored.
Law should not be brought in between as the same shall further complicate the issue.
K Rajasekharan
(Expert) 26 May 2020
If a 12 year old boy is responsible for causing some fracture on his friend, it is quite possible that the parents of the latter/others find fault with the former, ask for hospital bills and even ask their kids not to play with the former. Quite possibly, the former may pass on to a state of depression on account of repentance on his ill deed as well.
In such a situation the duty of the father of the former is to apologize to the parents for his son causing hurt to their son and to advice him about the need to be more careful in life while engaging with others in play or other activity.
Whatever be, no law in the land will be of any help for anyone to punish the neighbors for not allowing their children to play with some other child.
Querist :
Anonymous
(Querist) 26 May 2020
Dear Experts. Thank you for the advice, but, I want to tell a small case after this incident, One day when my kid was playing alone in the evening in the society, Priyeshs mother came and frightened my son again badly infront of other kids. I have given a written complaint of this to the society chairmen as well. Can I initiate any proceedings looking to this. Thanks again.
P. Venu
(Expert) 27 May 2020
It is better children are left to take care of their friendship without the intervention of the parents.
Rajendra K Goyal
(Expert) 27 May 2020
You cannot compel / force any other children to play with your son. You should initiate steps to divert his attention to other side. You can take him to nearby park, playing ground for one two hours. Divert his attention to some useful hobby. After this lockdown is over, you can start some hobby class for him.
You should not have lodged any complaint to society. They cannot force others to accommodate / play with your son. There is no question whether he was at fault or not, it is the reason others unitedly proposed to boycott him.
It is the dispute between children, let time resolve it. Your intervention should be minimum.
Rajendra K Goyal
(Expert) 27 May 2020
You should try not to involve in such incidence with other lady. Let Priyesh recover fully and join regular activities, that may be proper time to tell them in clear words (preferably to the father of Priyesh) that such threatening / dealing is not warranted with your son. Try to avoid playing of your son till then with them and engage him in some useful activity / like cricket coaching, tuition, attending coaching classes etc. Time is great healer, your involvement nor required in the disputes of children. Your curiosity of immediate result / solution / trial to prove your son as innocent may take the problem to irreparable situation / state which would be unpleasant for both sides.
Rajendra K Goyal
(Expert) 27 May 2020
At this stage in the disputes of children, no law seems to have involved also avoid using law /society. Let time solve the problem / find the solution.
They could have moved to police with complaint. In such case there is possibility, your son may or may not come free / scot free, yet harassment for years may have to be faced by you and your family. You are lucky, they preferred not to initiate such step.
Dr J C Vashista
(Expert) 27 May 2020
Very well explained and advised by expert Sh. Rajendra K Goyal, which I fully agree.
Avoid involving the matters related to children, let them sort it out amicably. Meanwhile, discuss the issue with mother of injured boy, gave her some solace stating that you are also concerned about the suffering of their son, who is like your son.
Dr J C Vashista
(Expert) 27 May 2020
Very well explained and advised by expert Sh. Rajendra K Goyal, which I fully agree.
Avoid involving the matters related to children, let them sort it out amicably. Meanwhile, discuss the issue with mother of injured boy, gave her some solace stating that you are also concerned about the suffering of their son, who is like your son.
Rajendra K Goyal
(Expert) 28 May 2020
Thanks expert Dr. J.C. Vashishta ji for agreeing.
Raj Kumar Makkad
(Expert) 28 May 2020
If the mental health of your son is deteriorating due to the said incident and subsequent joint behaviour of all concerned including the mother of the injured child then the smae should not be tolerated for the smooth developemnt of your child. You should make a complaint to the local Probation Officer appointed undeer section 53 of Children Act, 1960 as amended up to date in the department of Woman & Child Developmet.
Raj Kumar Makkad
(Expert) 28 May 2020
Section 53 as mentioned above is submitted hereunder:
53. Appointment of officers
(1) The Administrator may appoint as many probation officers, officers for the inspection of special schools, children's homes, observation homes or after-care organisations and such other officers as he may deem necessary for carrying out the purposes of this Act.
(2) It shall be the duty of the probation officer-
(a) to inquire in accordance with the direction of a competent authority, into the antecedents and family history of any child accused of an offence, with a view to assist the authority in making the inquiry;
(b) to visit neglected and delinquent children at such intervals as the probation officer may think fit;
(c) to report to the competent authority as to the behaviour of any neglected or delinquent child;
(d) to advise and, assist neglected or delinquent children and, if necessary, endeavour to find them suitable employment;
(e) where a neglected or delinquent child is placed under the care of any person on certain conditions, to see whether such conditions are being complied with; and
(f) to perform such other duties as may be prescribed.
(3) Any officer empowered in this behalf by the Administrator may enter any special school, children’s home, observation home, or after-care organisation and make a complete inspection thereof in all its departments and of all papers, registers and accounts relating thereto and shall submit the report of such inspection to the Administrator.
Raj Kumar Makkad
(Expert) 28 May 2020
As society is not doing anything, you have also tried your best to amiicably settle the issue, your child has also accepted not to indulged with the other children of the society but if he is not being allowed to play separately then it is a creulty and it should not be tolerated for the sake of his smooth development and the behaviour of the mother of injured child is not less than a crime.
Querist :
Anonymous
(Querist) 29 May 2020
Dear Mr. Makkad, thanks for the valuable advice. I would like to tell all other experts, I have tried all efforts to speak to his mother father by meeting the family personally at their residence, but all my efforts went futile. I am worried because my son is now frightened to go alone in the society for playing as priyeshs mother has verbally abused and frightened my son when we were not there. It is a serious issue where i have complaint about the same to the society but society is unable to do anything. I guess there are some laws for the protection of kids, as adviced by Mr. Makkad and could you imagine when all other kids are playing and nobody is talking with my kid. Accidents happen while playing many times and do we really think a 12 year old kid will do anything with bad intentions. Even his family has agreed that it was a accident that happened by mistake and it could happen by anybody. My concern is what if my son developed a some kind of depression or any kind of disorder because of this. Priyeshs fractured leg is ok now and he is very much playing. I request Mr. Makkad to advice me more on this if possible. Thanks again.
Raj Kumar Makkad
(Expert) 29 May 2020
I have already advised you to lodge a complaint before the concerned authorities of Women and Child Welfare Department of your area so that the the concerned/stake-holders in the said issue may be brought on negotiating table and if failed then you shall have to lodge a police complaint. I had already read the language between the lines though you have posted detailed facts thereafter. You need to have action now and apprise this forum about the action taken so that we may further help you if need arises.
Rajendra K Goyal
(Expert) 29 May 2020
You have spoken to his parents and they are not agreeing, leave and avoid them. You can help your son to form a group of 4-5 or so same age group friends of the society and play separately. You can help him in forming such group.
Record all threatening, frightening abusing etc. and lodge another complaint with the society.
Law is there for protection of child abuse, but note one thing, once you move legally, there would be no way to take your step back easily and would result in permanent difference for life with that family.
However, if you are of the firm view that action need to be taken, lodge complaint with the police.
As a reaction, they may also approach police with some complaint, their kid was injured. They may be able to gather evidence of other kids during inquiry if held. Both sides may have to visit police time and again.
It is advised to discuss with local lawyer before taking such step.
Regarding apprehension of developing depression in your kid due to this, please discuss with some psychologist for the possibility.
Rajendra K Goyal
(Expert) 29 May 2020
From your problem it seems that you and your wife both are working parents and kid devote some of his time in playing with other kids in society. As advised before, you can use this spare time of kid in studies by arranging home tuition.
Querist :
Anonymous
(Querist) 29 May 2020
I thank all the experts for giving their suggestions.
Raj Kumar Makkad
(Expert) 29 May 2020
You are always welcome Mr. Author. I don't agree with the opinion/observation of one of the experts as you and your wife both are working hence you lack providing sufficient time to your son as a result of which he gets indulged with the children of inferior quality. First of all, you never disclosed that both of you are working, secondly none can imagine that you do not care for your child, thirdly none has a right to falsely frame an opinion that your child get involved with the child of bad character, fourthly how can it be ignored that your child is subjected to cruelty since a long and your query is based upon the facts.
Rajendra K Goyal
(Expert) 30 May 2020
You are welcome, may revert in case of further question.
P. Venu
(Expert) 30 May 2020
Children's Act 1960: An Act to provide for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union territories.
The Statement of Objects and Reasons of this Act was as follows:
"Children are the most vulnerable group in any population and in need of the greatest
social care. On account of their vulnerability and dependence, they can be exploited, illtreated and directed into undesirable channels by anti-social elements in the community.
The State has the duty of according proper care and protection to children at all times as it
is on their physical and mental well-being that the future of the nation depends…..It
should also be remembered that children often become delinquent by force of
circumstances and not by choice. By improving the unfavourable environment and giving
suitable training it is possible to reform his anti-social attitudes and to mould him into a
responsible citizens.
The facts and apprehensions posted by the author do not suggest any material for invocation of the Children Act.
Raj Kumar Makkad
(Expert) 30 May 2020
@P. Venu Sir
Kindly go through 5th line seond para of your reply wherein State has been caste a duty to protect the children and so on. On the basis of the definition, Children Act has full application on the facts of the author.
K Rajasekharan
(Expert) 31 May 2020
The child act 1960 is not in force. It was repealed in 1986. Since then Juvenile justice law is in force and law enacted first in 1986 is replaced by 2000 act later by new 2015 act.
The child who suffered bone fracture and bodily hurt can be termed as a child in conflict with law if the other party is cunning enough and strategically uses the law rather than engages in emotional punishment.
The child responsible for such an alleged offence can be put through the straining and harassing judicial process of the Juvenile justice Board which practically functions in a child unfriendly manner in many a case, because it is run by the ordinary magistrate and prosecutor .
An over protected child is a vulnerable child. An 11 year son of an advocate/police officer parents in Thrissur recently hanged himself to death for his parents not buying a toy gun as he desired.
An over pampered child cannot withstand any pressure of whatever nature. So it is always better to equip every child to face unpleasant harrasments that he may definitely come across everywhere around him in future. The present day world is a storehouse of harassments of different kinds. Any one doing the right things will face more harassments than otherwise.
If the child is over protected out of the over smartness of the parents the child will grow Ill-equipped to face the world. Whatever be, how to bring up a child is a prerogative of the parents.
Raj Kumar Makkad
(Expert) 31 May 2020
Of course i is the liability of the parents to maintain their children but on the other hand it cannot be brushed aside that someone comes and threatens him and create hindrence in his smooth life to such an extent that his development or growth is halted. Do Law of land not possess any provision to safegaurd the right of a minor child from harassment, humiliation and fear or he has to tolerate everything because in future, he has to bear all such things in life and he should exercise for it from his childhood?
P. Venu
(Expert) 31 May 2020
Thanks Mr. Rajasekharan for correcting me.
I am completely at loss to understand why Mr. Makkad suggests the author to initiate a course of action which may lead in relegating the author's child to be a neglected or delinquent child. The author's postings leaves no doubt that their child is well protected, if not over-protected.
Rajendra K Goyal
(Expert) 31 May 2020
Parents have right to protect their children, yet children should be brought in rough and tough conditions to face the future challenges themselves.
Law was not used in favor of the child who got fracture, use of law by other side may result in complication of the issue. Counter action may effect future of both sides.
Time is great healer, let time solve the problem.
K Rajasekharan
(Expert) 31 May 2020
It is very interesting to see some comments suggesting that a child suffered a bone breakage has not been protected by the child law, where there actually exists a legal framework in which a bone breaker is more at risk, if legal course is unleashed by the other party.
One can break the bone but he will be under no penal action or risk. This is a doctrine that survives only outside the domain of Indian Constitution.
P. Venu
(Expert) 31 May 2020
The original posting only suggests that both the children were driving cycles. One of them fell down and got injured. The mother of the child got upset and scolded the other child. Yes she should not have done that. But is this unusual in everyday life?
It is the common incidence that in spite of the bickering of the parents, the children forget the things and make up in a short time. All that is left for the parents is emulate the children.
Just recall William Wordsworth's sage words "Child is the Father of the Man"!
