Code: Section 83 of the Juvenile Justice Act
(1) Any non-State, self-styled militant group or outfit declared as such by the Central Government, if recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine of five lakh rupees.
(2) Any adult or adult group that uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine of five lakh rupees.
Explanation of Section 83
Section 83 of the Juvenile Justice Act deals with one of the gravest violations of child rights — the exploitation of children by militant groups or adults involved in unlawful activities. This section criminalizes the use of children for violent or illegal purposes and imposes harsh penalties on offenders.
Key Points:
- The law targets both organized militant outfits and individual adults or gangs.
- Any group declared a “non-State, self-styled militant group” by the Central Government is prohibited from recruiting or using children for any activity — including but not limited to armed conflict, smuggling, or logistical support.
- Adults or gangs that exploit children for illegal work — such as drug trafficking, theft, or violence — are also liable under this provision.
The intention behind this section is to safeguard children from being used as tools in unlawful or violent actions and ensure their fundamental right to protection and development.
Illustration
Example 1: Use by a Militant Group
A militant group, banned by the Central Government, recruits teenagers for carrying messages and weapons. Under Section 83(1), the group leaders may be sentenced to rigorous imprisonment for up to seven years and fined ₹5,00,000.
Example 2: Criminal Gang Using Children
An organized gang uses children to transport stolen goods and avoid police detection. Under Section 83(2), the adult members of the gang face imprisonment up to seven years and a fine of ₹5,00,000.
Common Asked Questions
1. Who is punished under Section 83?
Any person — whether part of a militant group or acting independently — who uses children for illegal activities is punishable under this section.
2. What is the maximum punishment under this law?
The law allows for rigorous imprisonment of up to 7 years and a monetary fine of ₹5,00,000.
3. Does this section apply only to militant groups?
No. Section 83 also applies to individuals and gangs who exploit children for any kind of illegal activity.
4. What kind of activities are considered “illegal”?
Illegal activities include drug trafficking, smuggling, theft, violence, or any act prohibited under Indian law.
Conclusion
Section 83 of the Juvenile Justice (Care and Protection of Children) Act takes a firm stand against the exploitation of minors by militant organizations and criminal networks. It recognizes the vulnerability of children and holds offenders accountable through strict legal action. By doing so, it ensures that children are shielded from manipulation and unlawful influence, especially during their formative years.
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