The Section 93 of BNS 2023 is a crucial legal provision that addresses child abandonment in India. This law ensures that parents or caregivers who leave children under twelve years of age in unsafe conditions face serious consequences.
Child abandonment is a pressing issue. Many children are left in vulnerable situations due to poverty, social stigma, or lack of awareness. This law aims to protect such children and hold the responsible individuals accountable.
What Does Section 93 of BNS 2023 Say?
Section 93 of the Bharatiya Nyay Sanhita 2023 states:
“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 such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.”
In simple terms, if a parent or guardian intentionally leaves a child under twelve years in an unsafe environment, they can face up to seven years in prison, a fine, or both. This law ensures that abandoning a child is not taken lightly.
Why Was Section 93 of BNS 2023 Introduced?
India has witnessed multiple cases where children have been abandoned in hospitals, streets, or orphanages. Some of these children face extreme dangers, including exploitation, trafficking, and even death.
Earlier, the Indian Penal Code (IPC) Section 317 dealt with child abandonment but had limited provisions. The Bharatiya Nyay Sanhita 2023 strengthens these laws, making the punishment more severe.
The law aligns with international standards, including the United Nations Convention on the Rights of the Child (CRC), ensuring that every child has the right to safety and care.
Case Laws on Child Abandonment
Understanding past case judgments helps in grasping how laws are applied in real-life scenarios. Here are some notable cases:
1. State of Maharashtra v. Dattatraya Narsingh Joshi (1976)
In this case, a father left his child in a remote area. The child did not survive. The court convicted the father under child abandonment and homicide charges. This case set an example that abandonment leading to death can result in harsher penalties.
2. State v. Radhakrishna (2011)
Here, the accused abandoned a child in an open field, exposing the child to potential harm. The court ruled this as a criminal offense and imposed strict punishment.
These cases show that child abandonment is not just neglect but a serious crime. The judicial system takes such cases seriously, ensuring justice for vulnerable children.
Key Implications of Section 93 of BNS 2023
1. Protection for Vulnerable Children
This law ensures that young children are not left in situations where they could face starvation, injury, or abuse.
2. Holding Parents and Caregivers Accountable
Many cases of abandonment happen due to financial struggles or unwanted pregnancies. While the reasons may vary, abandoning a child is never a justified action. This law ensures that those responsible face legal consequences.
3. Preventing Child Trafficking
Many abandoned children become victims of human trafficking. By enforcing strict laws, the government aims to curb such risks and ensure that children are placed in safer environments.
4. Increased Public Awareness
With stronger laws, awareness campaigns can educate parents about legal alternatives like adoption, government shelters, and counseling instead of abandonment.
Challenges in Implementing Section 93 of BNS 2023
Although the law is strict, there are challenges in its implementation:
- Lack of Reporting: Many cases go unreported, especially in rural areas where legal awareness is low.
- Social Stigma: Some parents fear societal judgment if they seek help, leading them to abandon their child instead.
- Law Enforcement Gaps: Ensuring proper investigation and timely justice in child abandonment cases remains a challenge.
Alternatives to Child Abandonment
Instead of abandoning a child, parents and caregivers can seek help through:
- Adoption Agencies: Legal adoption provides children with a safe and loving environment.
- Child Welfare Organizations: Many NGOs and government programs support struggling parents.
- Helplines: India has several child helplines that offer emergency assistance and counseling.
The Section 93 of BNS 2023 is a crucial law that ensures children under twelve years are protected from abandonment. It sends a strong message that child neglect is a serious offense with severe consequences.
While this law is a significant step, more awareness, strict enforcement, and social support systems are needed to prevent child abandonment. Every child deserves a safe and secure future, and it is our collective responsibility to ensure their protection.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. For legal assistance, consult a qualified lawyer or legal expert.
%202023%20Section%2093:%20Child%20Abandonment%20Law%20Explained){kind=link}