Child Law

Don't Just Learn Child Law. Learn It from the Voices Who Shape It.

A child's future is the most fragile brief you will ever hold.

Knowing the sections of the POCSO Act or the Juvenile Justice Act is one thing. Understanding how to argue them in front of a judge, with a child's entire life in the balance, is something else entirely.

That's the difference at Tanmoy Mukherjee Institute of Juridical Science (TMIJS).

The main objects of child law can be broken down into these key pillars:

1. The "Best Interests" Principle

This is the single most important concept. Every decision, action, or law concerning a child—whether by a court, a government agency, or a guardian—must treat the child's best interests as the primary consideration. This principle guides all other objectives.

2. Protection from Harm

This is the most immediate objective. The law seeks to create a shield to protect children from:

• Abuse: Physical, sexual, and emotional.
• Neglect: The failure of caregivers to provide for a child's basic needs (food, shelter, medical care, supervision).
• Exploitation: Including child labor, child trafficking, and sexual exploitation.
• Violence: Both within the home and in the community.

3. Ensuring Development

Child law is not just about preventing bad things; it's about promoting good things. It aims to ensure every child has the opportunity to develop to their full potential. This includes laws that secure:

• The Right to Education: Ensuring access to free and compulsory education.
• The Right to Health: Access to medical care, proper nutrition, and a safe environment.
• The Right to Identity: This includes the right to a name, a nationality, and, as far as possible, to know and be cared for by their parents.

4. Rehabilitation over Retribution (Juvenile Justice)

When a child comes into conflict with the law (i.e., commits a crime), the object of the law changes significantly from the adult system.

• The Goal is Not Punishment: The primary aim is rehabilitation and social reintegration.
• Separate Systems: This is why separate juvenile justice systems, children's courts, and observation homes exist—to handle young offenders in a way that addresses their age, immaturity, and capacity for change.

5. Participation and Voice

Modern child law, guided by the UN Convention on the Rights of the Child (UNCRC), recognizes that children are not just objects of protection but subjects with their own rights. This includes the right to express their views freely in all matters affecting them, with their opinions being given due weight in accordance with their age and maturity.

In short, the object of child law is to move beyond seeing children as the property of their parents and to recognize them as full human beings with their own distinct rights, chief among them being the right to be protected, nurtured, and heard.