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
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.
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
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.
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
These are two landmark cases which brought many changes into child rights
- 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.
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.
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.
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.