Poverty, Trauma, And Childhood Mental-Health: Evaluating India’S Legal Protection Framework

Abstract

 Child poverty in India possesses a major structural determinant of rendering children vulnerable to chronic stressors such as inadequate nutrition, unstable housing, hazardous labour, and heightened susceptibility to abuse and exploitation. These converging conditions often result in major psychological issues namely, anxiety disorders, post-traumatic stress disorder (PTSD), disruptive behaviour and persistent development deficits. India’s jurisprudential approach assesses these risks through significant laws particularly the Juvenile Justice (Care and Protection of Children) Act, Protection of Children from Sexual Offences (POCSO) Act, Child Labour (Prohibition and Regulation) Amendment Act, Domestic Violence Act, and the Mental-healthcare Act attempts to safeguard the multilayered risks children face. The JJ Act (herein referred to as the Juvenile Justice Act), employs a child-centric approach, by defining who qualifies as a child in need of care and protection and ensures rehabilitation through the Child Welfare Committees (CWCs) and District Child Protection Units (DCPUs). The Mental-healthcare Act, (herein referred to as MHCA), introduced pivotal reforms by securing children’s right to accessible and affordable mental-health services and protection against inhumane treatment. It upholds the right to community-based treatment while imposing a duty on the government to develop child-friendly mental-health facilities. Poverty driven traumas are also addressed by corresponding legislations such as the Child Labour Act prohibits hazardous employment, the Domestic Violence Act, identifies children as direct victims of domestic abuse, while the POCSO Act, provides stringent safeguards against sexual abuse. Although, these laws provide protection against exploitation, their real-world effectiveness in mitigating prolonged psychological harm remains largely unresolved.

 This paper critically addresses that despite India’s existing legal framework acknowledges the complex interplay between poverty, trauma, and childhood mental-health; its existing policies do not sufficiently operationalize support for vulnerable children. A coordinated and multidisciplinary approach is essential to ensure that every child, irrespective of their economic status, enjoys equitable access to mental-health support.