Answer By law4u team
Minor girls may face abuse or violence even within their guardianship or family settings. Indian laws, including the Protection of Women from Domestic Violence Act (PWDVA), primarily protect adult women, but minors are also entitled to protection under child-specific laws like the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. Guardians abusing minors can be reported, and the legal system ensures their safety and welfare.
Legal Provisions for Minor Girls Against Guardians
PWDVA Applicability
The PWDVA is mainly designed for adult women but can extend protection to girls above 18 years in some cases.
For minors, the Act’s provisions can be invoked through a legal guardian or Protection Officer on their behalf.
Juvenile Justice (Care and Protection of Children) Act, 2015
This Act safeguards children from abuse, neglect, and exploitation by guardians or others.
Child Welfare Committees (CWCs) have authority to take action, remove the child from abusive environments, and arrange alternative care.
Protection of Children from Sexual Offences (POCSO) Act, 2012
Provides strict legal framework to address sexual abuse of minors, including abuse by guardians.
Fast-track courts and child-friendly procedures facilitate justice for minor survivors.
Filing Complaints and Protection Orders
Minor girls or their representatives (parents, relatives, NGOs, Protection Officers) can file complaints with police or magistrates.
Protection orders can be sought to prevent further abuse, restrict access by the abuser, and provide shelter or rehabilitation.
Role of Protection Officers and Child Welfare Committees
Protection Officers assist in filing complaints, coordinating with police, and securing protection orders.
CWCs oversee the child’s welfare, provide counseling, and ensure the child’s best interests are served.
Practical Steps
Guardians, relatives, or trusted adults can help minor girls approach Protection Officers or police.
Reporting can be done at police stations, child welfare committees, or women’s helplines.
Medical and psychological support is available through government and NGO services.
Legal aid is provided to ensure the child’s voice and rights are upheld.
Example
A minor girl faces physical and emotional abuse from her guardian.
Steps Taken:
A relative reports the abuse to the Protection Officer and police on behalf of the minor.
The Protection Officer files a domestic violence complaint and seeks a protection order.
The Child Welfare Committee intervenes, placing the girl in a safe shelter and providing counseling.
Legal proceedings commence to hold the guardian accountable and provide rehabilitation to the minor.
The girl receives continued support until full recovery and safety are ensured.
