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Child's Right

Child are the most delicate which has to be taken care of. A child has to be mould in a good atmosphere with all the equality , protection , love and care like all other child gets. As they are the minors , by the law they don't get the liberty or can say they are considered to be immature to take the decisions of their own because at that time their mind is not fully developed to take decisions.

But if we see in most of the cultures that children are psychologically and physically vulnerable. There this term called age limit- a child can leave the school at this particular age, a child can be called adult when he attends a particular age limit, after this age they can marry or work ,etc. And this differs from country to country.

Over here am going to see two scenarios where how and what rights have been included and created for protection and welfare of the children.

Global scenario:

As per as the conference ,declarations, conventions are concerned about the children ,there were already four such conferences have happened by year 2020 and there are three important optional protocols also happened in this period.

The first one was happened on the year 1924 on the basis of the draft made by Eglantyne Jebb to the league of nations which is called as the Geneva declaration of rights of child. This was the first international document promoting the child rights.

Few of the objectives of this convention was the development of children both physically and mentally , nursing sick children and feeding hungry children and helping the backward children and if there is any time of distrust in that case the relief must go to the children at the first place. The child should be in the position to earn their own livelihood without experiencing any kind of exploitation along with that children should have consciousness among them that their target must be devoted to the service of its fellow men.

The second was happened in 1948, which was known as un declaration of the right of the child and then in the year 1959 the united nations declaration of the rights of the child happened and because it happened on 20th Nov it is called as universal children 's day.

After that the united nations convention on the rights of child (CRC or UNCRC).

The objective of this convention or the 54 articles that are being covered under this particular convention is to set out children rights and how government should work together to make them available to all children , to meet the basic needs and help them to reach their full potential . Few of the rights which are included are right to life, survival, development , protection from violence, abuse or neglect. An education that enables children to fulfil their potential, express their opinions and be listened to in this world.

Also the formation of the un international children fund (UNICEF) was formed where un agency is responsible for providing humanitarian and development aid to children.

The first optional protocol happened in 25th may 2000 that optional protocol to the convention on the rights of child on the involvement of children in armed conflict, in which this was asking government to ensure children under the age of 18 are not forcibly recruited into their armed forces.

The second was optional protocol to the convention on the rights of the child on the sale of children , child prostitution and child pornography in which this was calling on states to prohibit child prostitution , child pornography and the sale of children into slavery.

The third was optional protocol to the convention on the rights of the child on a communications procedure and was happened on 19th Dec 2011 where it was saying that this right is available only to those children who are belonging to this 52 states. Before coming here they should try everything in state for getting the justice and only when the national mechanism is not giving the justice , then they have to approach this particular convention and it's not legally binding while the committee can issue recommendations to the state.

There is also a world summit for children where they focus on health, survival, nutrition, protection , education of the child held in new York.

India scenario:
Provisions related child rights under the constitution

In Part IV-DPSP it is included in the article 45 which discusses about the provision for free and compulsory education for children it clearly says that within the ten year of the commencement of the constitution , there should be free and compulsory education for all the children below the age of 14 years, that should be the approach of the government as per the constitution.

But it was not achieved and many cases gone on relating to that and then finally on 2002 the 86th amendment act was introduced , here in this act one of the important article was being add to the Indian constitution that is article 21(a) which give additional fundamental right as right to free and compulsory education to all children of 6years to 14 years. This became the responsibility of state to ensure that all the children are getting that.

But the actual act was passed on 2009 that is the right of children to free and compulsory education(RTE) act .

Article 24 restricts or prohibits the employment of children in factories, mines, hazardous places, etc. Below 14 years and if there any law by parliament which allows this then all this working hours , etc should be followed and if not followed the authority will be detained according to the law.

There are many other laws like the children act 1933 prohibits the pledging children on bonded labor by parents or guardians
  • The motor transport workers act 1961,prohibits children below 18 years and for adolescent fitness certificate is required
  • The beedi and cigar workers act 1966 where children are not required or allowed to work in any such industry.
  • The child labor act 1986 regarding the engagement as well as conditions of work place of children working.
  • Other act as juvenile justice act 2015, prohibition of child marriage act 2006, etc are present.

These are two landmark cases which brought many changes into child rights act:
  1. Unni Krishnan , j.p &ors v. State of Andhra Pradesh & ors

    The initial discussion was on the fees charged by private institutions on a professional course , however there was no victory as per as that is concerned but there was a lot of discussion on right to life under article 21 whether this include education to citizen of India as a fundamental right or not and the importance of DPSP and conversion of them into fundamental rights was also discussed and role of economic resource in limiting to education was also discussed. Which led to 86th amendment act 2002 and creation of article 21(a) the right to free and compulsory education.
     
  2. M.C Mehta v. State of Tamil Nadu

    It was one of the important PIL. There were a lot of young children working in sivakasi Tamil Nadu in a cracker / match box manufacturing company which is hazardous process.
     
The court dealt with this issue with a wider perspective by taking into account the situation of child labor in other parts of the country and discussed how the constitution mandates health, development and education of children through its provisions.

Article 24 prohibition of employment of children in factories, etc.

no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. 39(e). That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

Article 39(f):

children should be given opportunities and facilities to develop in a healthy manner, in conditions of freedom and dignity and childhood should be protected against exploitation and against moral and material abandonment.

Then comes very important act that is the commissions for protection of child rights act , 2005 which examine all the factors that inhibits the enjoyment of rights of children and recommend appropriate remedial measures and look into the matter of children in need of special care and protection, make effective implementations in the best interest of children.

Concluding that many laws, committee, international treaties are created and just the implementation work has been in a slow work , we as a citizen should help and government to find out ways to preserve our current and future child rights ensure the protection of the children and their childhood so that they can have a joyful childhood without any hardships.

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