Abandoned Children: A Flickering Candlelight

-By Harsh Vardhan Tandon

“The child is vital to the development of human resources and to safeguard the country’s future. Childcare therefore must be the cornerstone of all our constructive activities.” – Indira Gandhi

Introduction

India is a country known for its beautiful culture and languages; a land that has birthed some of the biggest religions in the world. Despite being the seventh biggest country in terms of size, India has the second-highest population worldwide. India is home to an estimated 1.35 billion people, 158.8 million of whom are children below the age of six. As a third world country, more than half the population are living in poverty, leaving many parents unable to properly care for their children.

God has blessed us with children, but many people view them as a burden and a source of guilt. The right of parents to nurture, guard, defend, and educate their children is guaranteed by the constitution. 60 million children under the age of twelve are reportedly purposefully left behind by their parents, according to a UN poll. They deliberately neglected their parental responsibilities and refused to take ownership of those responsibilities. When a kid’s parent or legal guardian voluntarily abdicates their parental or guardian duties, this is known as child abandonment.

There are 29.6 million abandoned and orphaned children in India. According to the Department of Social Development, these kids were discovered in an incongruous state. Compared to a normal family setting, their lives were very different. In addition, some of them lack the nutritional content necessary to exist. Children under the age of twelve who are from joint households and are from rural backgrounds make up 78.12 percent of the abandoned children.

Few of them were from low-income middle class households, and the majority of them came from low-income groups of families. The primary motivation for abandoning a kid is to escape their emotional and financial responsibilities.

Analysis

In India abandonment of the child under the age of twelve years is a criminal offence and is punishable under Section 317 of Indian Penal Code which was formulated in 1860. It is a cognizable offence, triable by the Magistrate of first class. If the Magistrate of first class feels that the case deserves more penalty than what he has jurisdiction to impose, he cannot commit the case. He can refer the case to the Chief Judicial Magistrate under Section 323 of the Code of Criminal Procedure, 1973.

Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine or with both. Section 317 under IPC punishes the parents or guardian for their failure to give proper care to the children of tender age.

 This section applies when a child is abandoned and intentionally exposed to the danger. Moreover, when a child under the age of twelve years is handed over to a person; he immediately becomes responsible for the well-being of the child.

In the case of Pawan Kumar v. State of Punjab, the accused abandoned his girl child by throwing her in the bushes. The accused was held guilty under Section 317 of Indian Penal Code. The punishment of the offence is imprisonment for seven years, or fine, or both. The offence is complete notwithstanding that no actual danger or risk of danger arises to the child’s life.

The section is included under the Indian Penal Code with the intention to prevent the abandonment or desertion by a parent of his or her children in their tender years, in such a manner that the children, not being able to take care of themselves may run the risk of dying or being injured. The children below the age of 12 years are not in a position to protect themselves; hence the primary responsibility is cast on the parents or guardians, who may have the custody of the child for their upbringing and providing adequate care for the children of tender age.

To Sum Up

There are more than 30 million orphaned and abandoned children in India – that’s almost 4% of the youth population. Since the Covid-19 pandemic struck in 2020, thousands of more children have been orphaned, and the true figures are still unknown. It was thought that 1,000 children were left orphaned as a result of the pandemic in Uttar Pradesh alone, but the real figure could be much higher.

30,071 children were orphaned, lost a parent, or abandoned mostly due to the COVID-19 pandemic as per data submitted by different states, the National Commission for Protection of Child Rights (NCPCR) informed the Supreme Court. Of the total, 26,176 children have lost a parent, 3,621 have been orphaned and 274 have been abandoned, according to the NCPCR.

What’s more alarming is that of the 30 million children without a legal guardian or parent, less than half a million were actually in institutionalised care. The rest are left wandering in the streets, vulnerable to abuse and trafficking. The sight of children on the streets in India is incredibly normalised, with most turning a blind eye to the problem. 

With so few children actually in care homes, most orphans are not ‘available’ for legal adoption. There are several threats that orphans face in India, especially those who live on the streets. One of the biggest risks is exploitation. It is estimated that eight million children aged between five and twelve are forced in child labour, but the true figure is likely to be much higher. 

This is the sad reality for the foundlings who have no one and nowhere to go or call their own. The government needs to give this issue more attention and strive hard to bring it into the limelight so that better provisions are made for the same. Also, there is a dire need for more fund allotment in the budget towards this cause. I feel that every child should have the fortune to have their ‘Crimson Knight’ (Father) and ‘Everbloom Violet’ (Mother) with them in their life and especially during their tender years when they need their love and care the most.