Children are the future custodians of sovereignty, rule of law, - justice,
liberty, equality, fraternity and finally international peace and security.
Protection of Children's Human Rights in India
Children are the future custodians of sovereignty, rule of law, -
justice, liberty, equality, fraternity and finally international peace and
security. They are the potential embodiment of our ideals, aspirations,
ambitions, future hopes. They are the ‘future shoulders’ in the form of great
philosophers, rulers, scientists, politicians, able legislators, administrators,
teachers, judges, technologists, industrialists, engineers, workers, planners on
which the country would rest. Human Rights Instruments specific to the rights of
the child: The Declaration of the Rights of the child 1924, adopted by the fifth
assembly of the League of Nations, can be seen as the first international
instrument dealing with children’s rights. Children are a human resource,
invaluable but vulnerable. Various laws in India, focusing on a position where
children were treated as non-entity and where conscientious efforts have been
made to not only make them free from exploitation and abuses but also enable
them to develop their full potentiality with fair access to food, health,
education and respect. The UN General Assembly adopted the Convention on the
Rights of the Child which is the first international treaty that defines the
basic rights of the children. A Safe Childhood is a human right. They are
recruited into armed forces. They are subjected to the death penalty, are
disappeared, are punished by cruel and inhuman methods and suffer many other
forms of violence. The aim of this study is to critically evaluate how
effectively the child rights violation can be prevented and to provide the
needed directions to the parents and Government about their responsibilities to
guarantee the rights of the child and also to reduce the vulnerability of
children in harmful situations. Keywords: Children, Human Rights, Constitution
Children are the future custodians of sovereignty, rule of law, - justice,
liberty, equality, fraternity and finally international peace and security. They
are the potential embodiment of our ideals, aspirations, ambitions, future
hopes. They are the ‘future shoulders’ in the form of great philosophers,
rulers, scientists, politicians, able legislators, administrators, teachers,
judges, technologists, industrialists, engineers, workers, planners on which the
country would rest.
Nature has provided some inherent rights to every human being including
children. These fundamental rights bestowed in human being from the very
inception. Human being is endowed with rights since the stage of foetus. Foetus
in the mother womb is the starting point since then human being is guaranteed
certain basic rights. These rights are intrinsic in every one. State cannot give
or nullify these rights, which are inherent. State has to recognize and
guarantee these rights.
Human Rights Instruments specific to the rights of the child: The Declaration of
the Rights of the child 1924, adopted by the fifth assembly of the League of
Nations, can be seen as the first international instrument dealing with
Millions of children around the world are exploited, abused, and discriminated
against. These children include child labourers, children affected by armed
conflicts, sexually exploited children, children in conflict with the law or in
the care of the state, as well as children living on the streets, coping with
disabilities, or suffering from discrimination because of their religious or
Children were recipients of welfare measures. It was only during the twentieth
century the concept of children’s rights emerged. The rights approach is
primarily concerned with issues of social justice, non-discrimination, equity,
and empowerment. It is because of the unique vulnerability of children that
their rights are of priority concern within Canada’s foreign policy. Canada
played a key role in the negotiations that led to the adoption of the United
Nations Convention on the Rights of Child in, 1989. The United Nations has
designated November 20 as Universal Children’s day.
Who a child is?
The Convention on the rights of the child 1989 (CRC) defines the term child to
mean every human being below the age of eighteen years unless under the law
applicable to the child, majority to be attained earlier.
In India, the Census of India and the Constitution of India defines persons
below the age of fourteen as children. The Children Act defines child as a
person who has not attained the age of 16 years if it is a boy or 18 years if it
is a girl.
Various Rights of the children
The human rights proclaimed in the Universal Declaration of Human rights apply
to all human beings regardless of their age, and as such children benefit from
the same rights as adults.
1. UN Convention on the Rights of the Child
India ratified the UN Convention on the Rights of the Child on 1992 and lists
the following as the Rights of the Child,
1. The Right to Survival: According to the convention, the Right to Survival
includes the right to life, the attainable standard of health, nutrition and an
adequate standard of living. It also includes the right to a name and
2. The Right to Protection: According to the Convention, this right includes
freedom from all forms of exploitation, abuse and inhuman or degrading
treatment. This includes the right to special protection in situations of
emergency and armed conflict. The aim is simple, to protect vulnerable children
from those who would take advantage of them and to safeguard their minds and
3. The Right to Development: This right includes the right o be educated, to
receive support for development and care during early childhood and to social
security. It also includes the right to leisure, to recreation and to cultural
4. Right to freedom of thought and expression: According to the Convention, the
Right to Participation accords the child access to appropriate information and
the freedom of thought and expression, conscience and religion.
2. Aim to having children’s rights
Children’s rights aim to ensure that each child has the opportunity to reach
their full potential. Children’s rights stipulate that all children without
discrimination should be able to develop fully, have access to education and
health care, grow up in an appropriate environment, be informed about their
rights, and participate actively in society.
3. Right are a tool to protect children from violence and abuse
Children’s rights foster mutual respect among people. Respect for the rights of
the child can only be fully achieve when everyone, including children
themselves, recognizes that every person has the same rights, and then adopt
attitudes and behaviour of respect, inclusion and acceptance.
4. Recognition of the Children’s rights
The Declaration of the Rights of the child 1924, adopted by the fifth assembly
of the League of Nations, can be seen as the first international instrument
dealing with children’s rights. Children’s rights are constituted by fundamental
guarantees and essential human rights:
i. Children’s rights recognize fundamental rights: the right to life, the
non-discrimination principle, the right to dignity through the protection of
physical and mental integrity (protection against slavery, torture and bad
ii. Children’s rights are civil and political rights, such as the right to
identity, the right to a nationality, etc.
iii. Children’s rights are economic, social and cultural rights, such as the
right to education, the right to a decent standard of living, the right to
5. Responsibilities of Parents and Government
On November 20, 1989, the United Nations General Assembly adopted the Convention
on the Rights of the Child, a landmark for human rights. It is the first
international treaty that recognizes the civil, political, economic, social and
cultural rights of children. In December 1991, Canada ratified the Convention on
the Rights of the Child and thus committed itself under international law to
respect, protect, promote and fulfil the rights of children in Canada. India
ratified the Convention on 1992. The Convention on the Rights of the Child is
the most widely accepted human rights treaty – of all the United Nations member
states, only the United States and Somalia have not ratified it. The Convention
on the Rights of the Child has 54 articles (sections), and most of these
articles list a different right that children have, and different
responsibilities that the Government, and others including parents, have to make
sure that children have these rights. This includes:
i. Right to Equality: (Article 2) The Government must make sure that all
children have the rights in the Convention, regardless of their or their
parent’s race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status.
ii. Children’s interests: (Article 3) The Government must make sure that child’s
best interests are taken into account when any decision is made which affects
you. All organisations working with children should work in a way that is best
iii. Parent’s rights and right to family life: The Government must respect the
rights of child’s parents / family / carers to raise you, where they are raising
you in a way that respects your rights (article 5). Children also have the right
to know and be cared for by parents (article 5), and the government must make
sure that they are not taken away from parents against their will, unless this
is in their best interests (articles 8 and 9). Where you are separated from one
or both of your parents (for example, where your parents have separated), the
Government must make sure that you have contact with the parent you are
separated from, unless this is not in your best interests (for example, where it
might because you harm to see your parent) (article 9). For children who have
parents living in different countries, the Government must make sure that you
can stay in regular contact with both parents (article 10). Parents or guardians
have the responsibility to bring you up, and they should do this is a way that
is in your best interests. The Government must give help to your parents where
this is necessary to help them for you properly (article 18).
iv. Right to have an identity (birth certificate): (Articles 7 and 8) The
Government must make sure you are registered at birth (i.e. that you have a
birth certificate), and that you have a name and a nationality and that you know
who your parents are. Having your birth registered is important because it helps
you to exercise your other rights (e.g. to get access to education, housing and
other support if you need it, and will allow you to register to vote).
v. Right to go abroad: (Article 11) The Government must make sure that children
are not taken out of the UK illegally.
vi. Having your opinions heard (article 12): You must be given the chance to
give your opinion when decisions are made that affect you, and the Government
must make sure that these opinions are taken into account by the people making
vii. Freedom of expression and getting information: You must be able to get and
share information with others, as long as this does not damage others (article
13). The Government must make sure that you can get information from many
sources, like different papers and television and radio programmes, and must
make sure that the media includes programmes and information that are relevant
to children and do not harm you (article 17).
viii. Freedom of thought and religion: (article 14) Freedom of thought,
conscience and religion.
ix. Freedom to gather together and join organisations: (article 15): 15 Freedom
of association and peaceful assembly
x. Right to Privacy: (article 16) The Government must make sure that no one is
able to interfere with your privacy or attack your honour or reputation.
xi. Protection from violence, exploitation, abuse, neglect and maltreatment:
xii. Article 20 Protection of child who is deprived (temporarily or permanently)
of family environment
xiii. Adoption: (article 21) If you are going to be adopted, the Government must
make sure that your best interests are the most important thing taken into
xiv. Children with disabilities: (article 23) If you have a mental or physical
disability, the Government must make sure that you are able to live a full and
decent life and they must help you to do be able to do things independently, and
be involved in the community. People who care for you must be given support if
they need it.
xv. Health: (article 24) The Government must make sure you are able to be as
healthy as you can be, and that you are able to get health care when you need
it. You must also be able to get clean water, nutritious food and live in a
healthy environment. The Government must also make sure you can get information
about staying healthy.
xvi. Children not living with their parents: If you are not living with your
parents, or have had to be removed from your parents, the Government must make
sure that you are cared for, and that you are given special assistance and
protection (article 20). If you are looked after by local authorities (e.g. in
foster care) or put in a special facility to provide you special care or
treatment for a physical or mental health problem, you must have someone review
your situation regularly (article 25).
xvii. Right to get Benefits: The Government must make sure that you and your
parents or carers can get financial help when you need it (article 26).
xviii. Standard of living: (article 27) You have the right to a standard of
living that is necessary for your physical, mental, spiritual, moral and social
development. It is your parents’ responsibility to make sure you have these
needs met, but the Government must help your parents by giving them support if
they can’t afford to do this.
xix. Right to Education: The Government must make sure you get a good quality
education. This includes making sure that primary and high school is free and
available to you, that you can attend school regularly and that schools don’t
discipline you in a way that causes you harm and only in a way that respects
your dignity (article 28).
Your education should make sure you develop to your full potential and learn to
respect human rights, your parents and the values, language and culture of the
UK and other countries (article 29).
xx. Children from minority groups: If you are from an ethnic, religious or
linguistic minority group, the Government must make sure you are able to use the
language and culture of your group (article 30).
xxi. Rest and leisure: (Articles 31) The Government must make sure you have rest
and leisure time, and can be involved in cultural activities.
xxii. Right to Work: (article 32) The Government must make sure that you do not
do any work that is harmful to you or that interrupts your education.
xxiii. Protect from using Drugs: (article 33) The Government must protect
children from using illegal drugs.
xxiv. Protection from Sexual abuse: (article 34) The Government must protect you
from any form of sexual abuse.
xxv. Abduction: (article 35) The Government must make sure you are not abducted,
xxvi. Protection to harm: (article 36) The Government must protect you from
coming to any other type of harm or any actions that are bad for your welfare.
xxvii. Protection against Torture and detention: (article 37) The Government
must make sure that you are never tortured or never treated in a way that is
cruel, inhuman or degrading.
xxviii. Joining the army: (article 38) The Government must not let you join the
army before you turn 15. You should get special protection in war zone.
xxix. Recovery from abuse: (article 39) If you have been the victim of abuse,
the Government must make sure you are given help to recover.
xxx. Children who have broken the law: If you have been accused of breaking the
law, the Government must treat you with respect and dignity. You must be treated
as innocent until you have been proved to be guilty, be told about why you have
been arrested straight away, and be able to get help from your family and a
lawyer (article 40) .
Indian Constitution and Children Rights
(Present Legal Framework)
The Constitution of India is the basic law of the country that includes the
fundamental rights and directive principles for every citizen. The fundamental
rights in the Constitution of India impose on the state a primary responsibility
of ensuring that all the needs of children are met and that their basic human
rights are fully protected.
Fundamental rights if violated can be brought before the courts. Directive
Principles lay down the guidelines the Government have to follow. If they are
violated they cannot be taken before the courts but because of judicial
interpretation, many of the directive principles have now become enforceable
through legal actions brought before courts.
A. The Fundamental Rights in the Constitution that directly relate to children
1. Article 15(3) requires the state to make special provisions for children.
2. Article 21-A provides free and compulsory education to all children of the
age 6 – 14 years. In such a manner as the state may by law determine. This
Article 21A of the Constitution of India envisages that children of age group 6
to 14 years have a fundamental right to education.
3. Article 23 prohibits trafficking of human beings including children.
4. Article 24 mandates that no child below 14 years can work in any hazardous
occupation or industry.
B. The Directive Principles of State Policy that directly relate to children are
1. Article 39(a) & (f) direct that the state policies are directed towards
securing the tender age of children.
2. Article 45 states that the state shall endeavour to provide early childhood
care and education for all children until they complete the age of six years.
3. Article 51-A says that it shall be the fundamental duty of the parent and
guardian to provide opportunities for education to his child or as the case may
be, ward between the age of six and fourteen.
86th constitutional Amendment – Right to Education, is a fundamental right. It
was after a long struggle that the 86th constitutional amendment to make the
right to education as a fundamental right in 2001 was made. The State laws have
not yet been drafted. The Government of India has prepared a draft bill on the
Right to Education Bill, 2005, seeks to give effect to the 86th constitutional
The Preamble of the draft bill states that it is put into effect the Right to
Free and Compulsory Education to all children in the age group of 6 – 14
Need of Protection
Every child has the right to protection. This not only includes children who are
in different circumstances and those who have suffered violence, abuse and
exploitation, but also those who are not in any of these adverse situations and
yet need to be protected in order to ensure that they remain within the social
security and protection net. Child protection is about protecting children from
or against any perceived or real danger/risk to their life, their personhood and
childhood. It is about reducing their vulnerability to any kind of harm and in
Child protection is integrally linked to every other right of the child. The
failure to ensure children’s right to protection adversely affects all other
rights of the child and the development of the full potential of the child.
Child protection is about protecting every right of every child. It must also
relate to children’s capacity for self-reliance, self defence, and to the roles
and responsibilities of family, community, society and state. The need to
protect some children is certainly greater than others due to their specific
socio-economic and political circumstances and geographical location. These are
the children who are more vulnerable in term of the harm/danger/risk to their
right to survival/ development/ participation.
1. Homeless children (pavement dwellers, displaced/evicted, etc.)
2. Refugee and migrant children
3. Orphaned or abandoned and destitute children
4. Children whose parents cannot or are not able to take care of them
5. Street and working children
6. Child beggars
7. Victims of child marriage
8. Trafficked children
9. Child prostitutes
10. Children of prisoners
11. Children affected by conflict/civil strife
12. Children affected by disasters both natural and manmade
13. Children affected by substance abuse, HIV/AIDS and other terminal diseases
14. Disabled children
15. Children belonging to ethnic, religious minorities and other marginalized
16. The girl child
17. The unborn child
18. Children in conflict with law (those who commit crime)
19. Children who are victims of crime.
Importance of Human Rights Education to Children
Here are some of the reasons why human rights education is important to
1. Because it’s their right! Article 42 of the Convention on the Rights of the
Child stipulates that children have the right to know their rights.
2. To increase respect for human rights: Knowing about your rights is the first
step in promoting greater respect for human rights.
3. Because human rights values are universally recognized: Adults who work with
children are constantly faced with the task of trying to determine which
behaviours are acceptable and which are not acceptable. Making these types of
decisions often involves relying on personal experiences or values. Human rights
education provides a clear framework for evaluating when and how to intervene by
referring to the universally recognized values that stem directly from the
Universal Declaration of Human Rights.
4. To encourage the development of self-esteem and active participation: Once
children become aware of their rights, they begin to recognize their own
importance as human beings. They also start to realize that what they live,
think and feel has value and that they can make a positive contribution to the
life of the group, of their family, their school, and their community. Learning
about rights encourages children to become more actively involved.
5. To reinforce positive behaviours: Human rights education is one of the most
effective ways of encouraging positive behaviour because it involves both
critical reflection and a strengthening of the child’s sense of responsibility.
Human rights education encourages children to reflect on how they interact with
others and on how they can change their behaviour to better reflect human rights
Child Right Issues
The United Nations Convention on the Rights of the Child (CRC) represents a
turning point in the international movement on behalf of child rights. This
comprehensive document contains a set of universal legal standards or norms for
the protection and well-being of children. Child soldiers, Juvenile life without
Parole, The Right to Education are the major child right issues.
1. Juvenile Life without Parole: Demand Juvenile Justice
Children can and do commit terrible crimes. When they do, they should be held
accountable but in a manner that reflects their special capacity for
rehabilitation. There are about 2,500 people in the US serving life imprisonment
without the possibility of parole for crimes committed when they were less than
18 years old. The United States is believed to stand alone in sentencing
children to life without parole. Although several countries technically permit
the practice, Amnesty International knows of no cases outside the US where such
a sentence has been imposed in recent years.
These standards recognize that, however serious the crime, children, who are
still developing physically, mentally and emotionally, do not have the same
level of culpability as adults and require special treatment in the criminal
justice system appropriate to their youth and immaturity.
2. The Right to Education: Education is a Human Right
Everyone has the right to education – which should be available free to all at
least at the primary level. Education is also indispensable in realizing other
Across the world many children miss out on their education
1. They are made to work
2. They are recruited into armed forces
3. Their families do not have the means to pay for schooling
4. Discrimination and racism undermine their chance to receive an education
5. They face violence as they pursue their education .
The Convention on the Rights of the Child defines basic rights of children
covering multiple needs and issues which are as follows
1. The right to Education: 50% of Indian children aged 6-18 do not go to school
Dropout rates increase alarmingly in class III to V, its 50% for boys, 58% for
2. The right to Expression: Every child has a right to express himself freely in
whichever way he likes.
3. The right to Information: Every child has a right to know his basic rights
and his position in the society. High incidence of illiteracy and ignorance
among the deprived and underprivileged children prevents them from having access
to information about them and their society.
4. The right to Nutrition: More than 50% of India's children are malnourished.
While one in every five adolescent boys is malnourished, one in every two girls
in India is undernourished.
5. The right to Health & Care: 58% of India's children below the age of 2 years
are not fully vaccinated. And 24% of these children do not receive any form of
vaccination. Over 60% of children in India are anaemic.
6. The right to protection from Abuse: There are approximately 2 million child
commercial sex workers between the age of 5 and 15 years and about 3.3 million
between 15 and 18 years. They form 40% of the total population of commercial sex
workers in India. 500,000 children are forced into this trade every year.
7. The right to protection from Exploitation: 17 million children in India work
as per official estimates. Poor and bonded families often "sell" their children
to contractors who promise lucrative jobs in the cities and the children end up
being employed in brothels, hotels and domestic work. Many run away and find a
life on the streets.
8. The right to Development: Every child has the right to development that lets
the child explore her/his full potential. Unfavourable living conditions of
underprivileged children prevent them from growing in a free and uninhibited
9. The right to Recreation: Every child has a right to spend some time on
recreational pursuits like sports, entertainment and hobbies to explore and
develop. Majority of poor children in India do not get time to spend on
10. The right to Name & Nationality: Every child has a right to identify himself
with a nation. A vast majority of underprivileged children in India are treated
like commodities and exported to other countries as labour or prostitutes.
11. The right to Survival: Of the 12 million girls born in India, 3 million do
not see their fifteenth birthday, and a million of them are unable to survive
even their first birthday. Every sixth girl child's death is due to gender
12. Creating “child rights” awareness among the society is the first step
towards protecting and realizing children’s rights.
Addressing the Needs of Children
There are many reasons for singling out children's rights in a separate human
1. Children are individuals: Children are neither the possessions of parents nor
of the state, nor are they mere people-in-the-making; they have equal status as
members of the human family.
2. Children start life as totally dependent beings: Children must rely on adults
for the nurture and guidance they need to grow towards independence.
3. The actions, or inactions, of government impact children more strongly than
any other group in society: Practically every area of government policy (for
example, education, public health and so on) affects children to some degree.
4. Children's views are rarely heard and rarely considered in the political
process: Children generally do not vote and do not otherwise take part in
5. Many changes in society are having a disproportionate, and often negative,
impact on children. Transformation of the family structure, globalization,
shifting employment patterns and a shrinking social welfare net in many
countries all have strong impacts on children. The impact of these changes can
be particularly devastating in situations of armed conflict and other
6. The costs to society of failing its children are huge: Social research
findings show that children's earliest experiences significantly influence their
future development. The course of their development determines their
contribution, or cost, to society over the course of their lives. 
Governmental Commitment to Fulfilling Protection Rights
The Government’s commitment and priority to child protection is critical to
the creation of a protective environment for its children. The Government needs
to demonstrate this commitment through the acceptance and recognition of
problems, formulation of appropriate policy, strong legal frameworks and
programming, and allocation of adequate resources to programs. It needs to
ensure that mechanisms for child protection are child friendly, functional and
in a position to reach children in needs of protection. Some such initiatives
taken by the Indian Government towards creating a protective environment for
children as per the law are the:-
1. Juvenile Justice (Care and Protection) Act, 2000.
2. The CHILDINE 1098 service in partnership with Integrated Program for street
children, signing and ratification of the United Nations Convention on the
rights of the child (UNCRC), and
3. Ratification of the Optional Protocols
4. The National Plan of Action, 2005
5. The National Policy for Children, 1974
6. Study on Child Abuse 2007.
Recommendations: Prevention of Child Rights violation
1. At Society
1. Sexual education for children
2. Punish those who commit the acts against child
3. Create support centres for victims
4. Set up free phone lines to break the silence
5. Ensure children’s safety
6. Educate children about sexual violence
7. Ratify and conform to laws protecting children
8. Create preventative laws and disseminate information about them
9. Create committees for eliminating violence against children
10. Find healthy ways for children to spend their free time
11. Limit TV Channels
12. Forbid harmful traditional practices by law
13. Launch awareness campaigns for the community
14. Create local committees for child protection.
2. At work place, in the streets and in institutions
1. sensitise employers about child rights and consequences of corporal
punishment to children
2. respect children
3. educate employers to listen to children
4. ensure employers to listen to children
5. ensure children’s safety at work
6. value alternative education methods
7. Encourage and support the development of child led organizations.
3. At School
1. increase the number of education advisers and sensitise teachers about
2. create councils for discipline in schools that can work in partnership with
children’s organisations establish and disseminate internal rules of conduct
3. sensitise education inspectors about corporal punishment
4. ensure children’s security in schools
5. parents have to accompany younger children to school
6. offer alternative punitive measures.
4. At Home
1. sensitise parents about the consequences of violence against children
2. teach parents how to communicate with their children (parents’ school)
3. prioritise dialogue with children
4. train them on education without violence
5. offer alternative disciplining methods
6. inform parents about child rights and laws that ban corporal punishment
7. alleviate poverty and increase family benefits for children
8. parents must let go to know their children better and reasons for them
9. Adopt and implement laws on violence against children.
5. Other Recommendations to Government of India to Prevent Child Rights
It is just not possible for the government to fight the battle alone. Every
individual in the society should contribute to this effort.
For a participative action, government should be encouraging the following
1. 1 Start a scheme "Sponsor a child" and get sponsor ship from Individuals,
business man, politician, Cinema field etc. Give the sponsors some tax benefit
to encourage sponsorship.
2. More child help line telephone numbers should be in place and popularise
those by means of advertisements campaigns.
3. Minimum Rs.1/- Project: Collect a minimum of Rs.1/- from every Indian (Close
to 100 crores can be collected) and use it for poor child development - (Keep
Hundi in Government Banks to collect this)
4. Strict Law to be amended on TV Channels which telecast and encourages
violence, sex and vulgar programs.
5. Celebrate Pandit Jawaharlal Nehru's birthday as "Children’s Rights Day"
rather than children’s day alone.
6. Release a postal cover / post card with campaigning information on Child
7. Special police stations for protecting "Child" (Like Women police stations).
8. Form local communities with volunteers for campaigning and creating awareness
on child rights.
9. Schools to have awareness classes for "Child Rights".
Like many developing countries, India faces problems of infant mortality, child
marriage, maternal mortality and the phenomena of child widows, sex tourism, and
child trafficking even across national borders for prostitution, child abuse and
child labour. There are several challenges ahead. Of all the demographic groups,
the girl child are probably the most socially disadvantaged. At every stage of
her life cycle – from conception to adulthood – she is especially vulnerable to
human rights abuses. Recent incidents of Delhi gang rape and Pondicherry Acid
attack cases can be quoted as examples for the human rights abuse of girl child.
So, a child focused culture has to be developed. The legal system should
interpret the laws in the context of the rights and standards given in the CRC.
This will give the child access to justice through the court system. All the
children’s legislations need to be reviewed in the context of CRC and its
standards and there has to be linkages between them. The Indian legal system has
to evolve a great deal for securing the rights of the child and providing
justice to the child.
Legal reform alone cannot bring justice to the child. Undoubtedly, the most
effective preventive measure is awareness of such possible abuse and how to deal
with it amongst the various service providers – the doctors, teachers, lawyers,
judges, police, volunteers, parents, trade unions, and social workers – so that
they can significantly reduce the risk of abuse, if it does occur, by responding
appropriately. Thus to conclude these challenges have to be rapidly addressed.
And above all, the core value of the universal legal principle that policies be
made, structures and processes be established, and actions be taken that are
always and invariably in the best interest of the child should be followed.
Child is a bud, let it blossom as a flower with nutrition of rights, with fruits
of freedom and with care and attention not only from parents but also from the
state under the auspices of the society. The struggle for realization of the
rights of the child is going to be a long journey.
1. Article on “Critical Evaluation of Children and Human Rights:” K. Illakiya,
S. Kanchana Ratnam, 1 -Research Scholar, PG & Research Department of Public
Administration, Presidency College, Chennai-600 005, India 2 -Assistant
Professor, PG & Research Department of Public Administration, Presidency
College, Chennai-600 005, India
2. Bajpal Asha, (2006). “Child rights in India: Law, Policy and Practice, New
Delhi, 2nd Edition, pp.10 to 30
3. Kagzi, (2001). “Constitution of India”, Indian Law House, New Delhi, 6th
Edition, Volume II
4. Sreenivasulu, N.S (2008). Human rights: Many sides to a coin, Regal
Publications, New Delhi, pp.45 to 56
5. Department of Women and Child Development Annual Report - 2005-2006,
Government of India, Ministry of Women & Child
6. Tata Institute of Social Sciences, Centre for Socio legal Studies and Human
Rights, Professor Asha Bajpal, Law relating to Child Protection, Pp:1-2
 LECTURER- St. wlfred law college ajmer. Email- [email protected]
 “Critical Evaluation of Children and Human Rights:” K. Illakiya , S.
1 -Research Scholar, PG & Research Department of Public Administration,
Presidency College, Chennai-600 005, India 2 -Assistant Professor, PG & Research
Department of Public Administration, Presidency College, Chennai-600 005, India
 Bajpal Asha, (2006). “Child rights in India: Law, Policy and Practice, New
Delhi, 2nd Edition, pp.10 to 30
 Kagzi, (2001). “Constitution of India”, Indian Law House, New Delhi, 6th
Edition, Volume II
 Franklin, B. (2001) “The new handbook of Children’s Rights: Comparative
policy and practice” Routledge.p19
 2007, Tata Institute of Social Sciences, Centre for Socio legal Studies and
Human Rights, Professor Asha Bajpal, Law relating to Child Protection, Pp:1-2
 Freeman, M. (2000) “The Future of children’s Rights,” Children and Society.