Child rights have a long history. From time to time different religions,
cultures and legislative systems of different countries try to protect their
rights. At international level as well as national level, many efforts have been
taken to tackle with the problems that children face. And many rights are given
to children in order to protect them from abuse. At international level as well
as regional level Rights of the children were protected at its best. In many
respects, children are more likely to be victims of human rights violations than
adults for that many bold steps have been taken for their protection whether in
the form of conventions, measures or anything else.
There are various
international declarations, measures, conventions which aim to protect child
rights like UN Convention on the Rights of the Child 1989, The Universal
Declaration on Human Rights 1948, Declaration on the Rights of the Child 1959,
International Covenant on Civil and Political Rights 1966 etc.
There are other
regional documentations and treaties which are significant for child rights. The
African Charter on the Rights and Welfare of the Child 1990(ACRWC), is the first
regional treaty on children’s rights, builds on the 1979 declaration on the
Rights and Welfare of the African Child.
This article is mainly concerned about
child rights in India. From the very beginning,
India is active participant in recognizing child rights but still there are many
child right violations in India, either due to ineffective implementation or
lack of concentration towards these violations. India is taking different steps
to provide best facilities to the children of nation so that they will be
enriched in every field. They have to take many more steps to make their country
crime free towards children.
Etymologically, the term child comes from the Latin term ‘infans’ which means
the one who does not speak. For the Roman, this term designates the child
from its birth, up to the age of 7 years. This notion evolved a lot through
centuries and cultures to finally designate human being from birth until
adulthood. But this conception of the child was wide and the age of the majority
varied from a culture to another.
The Convention on the Rights of the Child, of 1989 defines more precisely the
A child is any human being below the age of eighteen years, unless
under the law applicable to the child, majority is attained earlier.
children are a supremely important national asset
, and the future well-being
of a nation depends upon how its children grow and develop. It is the duty of
the state to look after a child to (or intending to) ensuring full development
of its personality.
A safe childhood is a human right. Nature has provided some inherent rights to
every human being including children. These fundamental rights are bestowed upon
human beings from the very inception. Human being is endowed with rights since
the stage of foetus. Foetus in the mother’s 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. This article will show how
international and national measures are taken for child rights. There are
various declarations and conventions which aim at the protection of child rights
in different forms. International conventions play a vital role in protection of
the rights of children. Among all the international declarations, conventions,
and measures, United Nations convention on the rights of the child 1989 is most
important document on the rights of the child.
This convention on the rights of
the child has been hailed as inaugurating a new era of international human
rights. From the very beginning, India was concerned about the rights of
children. It would be quite clear from this article that India by every means
tries its best to protect the rights of the children. Even it was before
independence that, there were many laws for children in India.
When India got
independence, it gave a special treatment to children by enacting different laws
in the constitution for their betterment and upliftment. There are so many
rights in Indian constitution which directly or indirectly deal with children
and their rights, most important among them are Fundamental Rights4 and
Directive Principles. In many articles of part iii and part iv of Indian
constitution, children are given different rights which will protect them from
any kind of abuse. This article also discusses various Legislative acts,
Policies, and Programmes which are directly made for children in India.
legislations are equally important for the protection of rights of the children.
These acts are specifically enacted so that, children are protected from the malafide practices of society. National policies were introduced for the
upliftment of children. In every Five Year Plan of India which started from
1951, there is a special mention of children.
Law Commission also submits its
report on rights of the children. Courts also play a vital part in protection of
child rights in India. Some of the landmark judgements are also mentioned below
in this article which are very important for the philosophy of child rights.
From time to time courts give various guidelines and orders for the protection
of children of the nation.
Child Rights under International Regime
Regimes are sets of governing arrangements that include networks of rules,
norms, and procedures that regularize behavior and control its effects. Regimes
are sets of implicit or explicit principles, norms, rules, and decision-making
procedures as per Stephen Krasner.7 Since the beginning of the twentieth
century, the development of international law on children’s rights has
paralleled, in part, with the development of the general body of international
human rights law.
Law in the form of international Conventions can contribute
considerably in framing of national policies. Individuals and national and
international agencies have been active for many decades in promoting concern
and legal action on behalf of children. International conventions, protocols,
covenant, multilateral and bilateral treaties have been concluded for betterment
of children and respective action plans and programs are initiated.
International as well as national NGOs have been paying high attention towards
best interest of the child in terms of their education, development,
participation, nondiscrimination & non-exploitation and social justice. The
international community recognized that Child Rights are fundamental freedoms
and the inherent rights of all human beings below the age of 18.
apply to every child, irrespective of the child’s, parents or guardians race,
color, sex; parent /legal guardian ex, creed or other status. Universal
Declaration on Human Rights, 1948 marked the beginning of international
declarations, conventions, and measures for the protection of child rights. It
proclaims a catalogue of human rights which apply to all human beings which
After UDHR, The United Nations proclaimed in the Universal
Declaration of Human Rights,1959, that, the child needs special safeguards
because of his mental and physical immaturity which includes appropriate legal
protection before and after his birth. In the international era most
comprehensive document on the rights of the children is The Convention on the
Rights of the Child (CRC), 1989. Based purely on the number of substantive
rights it sets forth, as distinct from implementation measures, it is the
Human rights treaty in force and unusual in that it not only
addresses the granting and implementation of rights in peacetime, but also the
treatment of children in situations of armed conflict. The CRC is also
significant because it enshrines, for the first time in binding international
law, the principles upon which adoption is based, viewed from the child’s
perspective. CRC signaled the beginning of an era of concrete efforts by
nations of the modern world to give legal recognition and protection to the
rights of children, although the subject had been on the international agenda
since shortly after the First World War.
Following closely after the convention was the African charter on the Rights and
Welfare of the child (the charter) which was adopted by the Assembly of Heads of
state and Government of the organization of African (OAU) in July 1990, and was
brought into force in November
1999. ECECR, 1996 also stresses in the Preamble the aim of promoting the rights
and best interests
Child Rights in Indian Jurisprudence
The law policy and practice of child welfare have undergone a significant change
from a historical perspective. Before 1839, there was the concept of authority
and control. It was an established common law doctrine that the father had
absolute rights over his children. After this, the welfare principle was
reflected in the dominant ideology of the family. The Victorian judges, who
developed the welfare principle, favored one dominant family form.
traditional view of welfare is based on Daya, Dana, Dakshina, Bhiksha,
Ahimsa, Samya-Bhava, Swadharma, And Tyaga
, the essence of which were self-discipline,
self-sacrifice, and consideration for others. It was believed that the well
being of children depended on these values. Children were recipients of welfare
measures. It was only during the 20th century that the concept of children’s
The Indian Majority Act, 1875 was enacted in order to bring about uniformity in
the applicability of laws to persons of different religions. Unless a particular
Personal law specifies otherwise, every person domiciled in India is deemed to
have attained majority upon completion of 18 years of age.
However, in case of a
minor for whose Person or Property, or both, a guardian has been appointed or
declared by any court of justice before the age of 18 years, and in case of
every minor the superintendence of whose property has been assumed by the Court
of Wards before the minor has attained the age, the age of majority will be 21
years and not 18.
Law Commission Report on Child Rights
- The Legal Framework
It is evident that legislation is one of the main weapons of empowerment of
children. Even though appropriate legislation may not necessarily mean that the
objectives of the legislation will be achieved, its very existence creates
enabling provisions whereby the state can be compelled to take actions.
Legislation reflects the commitment of the state to promote an ideal and
progressive value system. The notion of duty also applies to the state.
Pre Constitutional Era
Before independence, India was very much concerned about Child Rights in many
ways. Many steps were taken for the protection of children. There were
legislations which protected the rights of children. Some of the main Acts were
– The Apprentices Act 1850, Guardian and Wards Act 1890, Reformatory Schools Act
1897, Madras Children Act 1920, Amendment in Criminal Procedure Code 1923.
Post Constitutional Era
- Constitutional Protection by Fundamental Rights and Directive
The Indian constitution accords rights to children as citizens of the country,
and in keeping promulgated in1950, encompasses most rights included in the UN
Convention on the Rights of the Child as Fundamental Rights and Directive
Principles of State Policy. Over the years, many individuals and public interest
groups have approached the apex court for restitution of fundamental rights,
including child rights.
The constitution of India provides a protective umbrella
for the rights of children and guarantees all the children certain rights which
include: Right to free and compulsory elementary education for all children in
the age group 6-14 year, Right to be protected from any hazardous employment
till the age of 14 years, Right to be protected from being abused and forced by
economic necessity to enter occupation unsuited to their age or strength, Right
to equal opportunities and facilities to develop in a healthy manner and in
condition of freedom and dignity and guaranteed protection of childhood and
youth against exploitation and against moral and material abandonment, the
state is duty-bound to raise the level of nutrition and the standard of living
and to improve public health, including that of children, 23 International laws
and treaties shall be respected by the state to every possible extent, including
the CRC and its optional protocols, Optional Protocol to CRC on Sale of
Children, Child Prostitution and Child Pornography and Optional Protocol to CRC
on the Involvement of Children in Armed Conflict, and it shall be the duty of
every citizen of India who is a parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between the age of six and
Besides, children have rights as equal as all other adult citizens of India, the
important few of which are; Right to equality, Right against discrimination,27
Right to personal liberty and due process of law, Right to being protected from
being trafficked and forced into bonded labor, Right of weaker sections of
people to be protected from social injustice and all forms of exploitations,
Right to freedom including the freedom of speech and expression, Personal
liberty and right to due process of law, Right against exploitation, Religious ,
cultural, educational rights, Right to constitutional remedies, State is
obliged to, within its economic capacity and development, secure provisions for
educational opportunities and facilities,36 and State shall make all possible
efforts to secure a Uniform Civil Code for all the citizens, thereby implying a
uniform code for the adoption of children.
In addition to these basic rights, the Constitution of India provides
affirmative or positive discrimination especially for children. These rights
are necessary because of the physical and mental immaturity of children; they
are especially vulnerable and need special protection. The constitution
prohibits discrimination of citizens on the grounds of religion, race, cast,
sex, place or birth, or any of them. But sub-section 3 provides, Nothing in
this Article shall prevent the state from making any special provision for women
and children. Therefore, laws can be made giving special protection to
children. These rights are included in parts III and IV of the Constitution. The
fundamental Rights in part III are enforceable in courts whereas the directive
principles of state policy in part iv, are guidelines and principles that are
fundamental to the governance of the country. It is the duty of the state to
apply these principles in making laws. If the fundamental Rights are violated, a
writ petition can be filled in the Supreme Court or the High court.
Under the Constitution, it is the duty of the state to secure that the children
of tender age are not abused and forced by economic necessity to enter vocations
unsuited to their age and strength, and to ensure that children are given
opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity. The directive principles provide for maternity relief.
Rights provided under part iv (directive principles) of the constitution can be
read into the fundamental rights provided in part iii and hence enforceable in
courts. Due to judicial interpretation, many of the directive principles have
now become enforceable through legal actions brought before the court (for
example, the RTE Act).
- Other Legislations
Some of the important legislations in India to safeguard the rights of children
Child Marriage Restraint Act, 1929 (Amended in 1979): It restraints child
marriage until the minimum age, i.e. 21 for male and 18 for female, has been
attained by them. It applies to the people of all the religions.
Immoral Traffic (Prevention) Act 1956 (Amended in 1986) : This act with respect
to children deals with person(s) who procure or attempt to procure any child for
prostitution or person(s) who are found with a child in a brothel (it is
presumed child has been detained for the purpose of prostitution) and punishes
them. It also provides for the due care of rescued children.
The Women’s and Children’s (Licensing) Act, 195645: The Act was enacted with an
object to protect women and children from exploitation and inhuman activities
going on in institutions. It mandates the institutions for women and children to
get a license from the licensing authority before establishing or maintaining
Probation of Offenders Act, 195846: This act with the help of the Juvenile
Justice Act, 2000 tries to ensure that no person under the age of 21 years faces
Bonded Labour System (Abolition) Act, 1976: The act aims at eradicating the
bonded labour system in India which exploits the weaker sections of society,
Child Labour (Prohibition and Regulation) Act, 1986: This act regulates the
working conditions for children in employment and prohibits working of children
in certain kinds of employments.
Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of
Production, Supply, and Distribution) Act, 1992: This Act regulates the
Production, Supply, and
Distribution of Infant milk substitutes, feeding bottles, and infant feeds with
a view to
the Protection and Promotion of breastfeeding and ensuring the proper use of
infant feeds and other incidental matters.
Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994: In order to stop prenatal sex determination leading to
female foeticide, the parliament enacted the Prenatal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act (PNDT Act), 1994.
This act came into
force on 1st January 1996 and was not completely implemented. There were
virtually no cases of prosecution. In the mean time, new techniques had been
developed that used preconception or during conception sex selection. To bring
these new technologies under the pure view of the act and to ensure rigorous
implementation, the law was amended in 2003.
On 31st March 2003, the act was
amended and titled as the Preconception and Prenatal diagnostic Techniques
(Prohibition of Sex Selection) Act (PCPNDT Act), 1994 effective from 14th
February 2003. This act provides for the prohibition of sex selection before and
after conception, and for regulation of prenatal diagnostic techniques
appropriately as mentioned earlier, and for prevention of their misuse.
Prohibition of Child Marriages Act, 2006: The PCMA received the assent of the
President of India on 10 January 2007. The basic premise of the law is as
follow: (a) make a child go through a marriage is an offence(b) child or minor
is a person up to 18 years in the case of girls and 21 years in the case of
Right of Children to Free and Compulsory Education Act, 200952: The
Constitution (Eighty –sixth Amendment ) Act, 2002 inserted Article 21-A in the
Constitution of India to provide free and compulsory education of all children
in the age group of 6 to 14 years as a fundamental right in such a manner as the
state may, by law, determine.
The RTE Act, 2009 which represents the
consequential legislation envisaged under Article 21-A, means that every child
has a right to full-time elementary education of satisfactory and equitable
quality in a formal school which satisfies certain essential norms and
standards. The RTE Act came into effect on 1 April 2010, upholding the right of
children to free and compulsory education till completion of elementary
education in a neighborhood school in the 6 to 14 age group.
Protection of Children from Sexual Offences Act, 2012: The act aims at
punishing the offenders who are guilty of sexual offences against children below
the age of 18 years of age. It also lays down procedures for the trial, such as,
the name of child victim shall not be disclosed, proceedings of the case are to
be conducted in court with cameras recording the trial, accused is not to be
kept in-front of the child victim during examination or cross-examination, etc.
Juvenile Justice (Care and Protection of Children) Act, 2015: This act came into
force on 15 January 2016. It aims at ensuring Protection, proper care,
and social reintegration of children in difficult circumstances by adopting a
child friendly approach. This act is one of the important acts in India for the
children in need of care and protection and also children in conflict with the
It requires that the state provides free legal support to the juveniles,
and proper care and protection is provided to those in need. It also calls for a
child-friendly approach in adjudication and disposition of matters involving
Policies and Plans related to ChildrenA number of policy initiatives, plans, and Programmes relating to children have
been undertaken in India. The policy documents are reference points available
for planning and other interventions.
Some of the major policy and plan
documents are the following:
National Policy for Children, 1974:
It is the first written policy for the
children in India. It aims at providing better enforcement of constitutional
rights of the children along with those granted by the CRC. Some of the
provisions include free education, comprehensive health and nutritious plans,
National Child Labour Policy, 1987:
The policy was formulated with the basic
objective of suitable rehabilitating the children withdrawn from employment and
reducing the incidence of child labour in areas where there is a known
concentration of child labour. The policy consists of three main elements; the
legal action plan, focus of central government Programmes, and project-based
plan of action.
National Plan for SAARC Decade of the Girl Child, 1991-2000:
In 1992, the
Government of India prepared a separate plan-National Plan for the Girl
Child-for the period 1991-2000, identifying three major goals; survival and
protection of the girl child and safe motherhood, overall development of the
girl child, special protection for vulnerable girl child in need of care and
National Plan of Action for Children, 1992:
The National Plan of Action for
Children is a follow-up of the promises made by the global fraternity at the
World Summit for Children. The NPAC identifies quantifiable targets in terms of
major as well as supporting major goals like reduction of infant mortality rate
to less than 10, reduction of maternal mortality rate by half, improved
protection of children in especially difficult circumstances, and many more.
National Nutrition Policy, 1993:
The National Nutrition Policy reflects the
understanding that malnutrition is not simply a matter of not enough food, but
is most frequently caused by a combination of factors, including lack of time
and attention to child care, in advocate feeding of the child especially in the
1st year of life, poor health, unhygienic conditions, as well as the lack of
Purchasing power of poor families.
National Population Policy, 2000:
The crux of the policy rests on denying state
representation to the parliament based on their population. In other words, the
essence of the population policy is that by taking away the Democratic rights of
those states whose population is growing too fast, these states will somehow
find a way of controlling their population. It simultaneously addresses the
issue of child survival, mental health, and contraception.
National Policy for Children, 2013:
The Government of India adopted a new
National Policy for Children, 2013 on 26 April 2013. The NPC, 2013 aims to
protect and encourage the rights of the children to survival, health, nutrition,
education, development, protection, and participation. It has incorporated major
inputs of various organizations regarding the needs of children with
Law Commission of India, in its 259th Report titled, Early Childhood
Development and Legal Entitlements, highlighted the issues relating to the
rights of children under the age of six years. The Commission took up the study
on request of some of the representatives of Alliance for Right to Early
Childhood Care & Development and Mobile Crèches, who met the Commission in
The Commission focused its research on the children up to the
age of six years as this period is considered as a ‘window of opportunity’,
i.e., if the child receives favourable environmental inputs of health,
nutrition, learning and psychosocial
development, the chances of the child’s brain developing to its full potential
are considerably enhanced.
Furthermore, the commission has advocated for formulation of policy of
guidelines laying down minimum leave to women employed in private sector. It has
been further suggested that Article 24A to be inserted to part III of the
constitution of India, to ensure that the child’s rights to basic care and
assistance becomes an enforceable right.
There are many more guidelines
suggested by Law Commission either related to constitutional amendments or acts
made by the legislature. Some of the recommendations are very hard to follow or
implement like Fundamental duty of parent or guardian to provide education to
their children regardless of their age but in country like India where parents
are always waiting that when children will complete education and help them to
earn their livelihood. For that India have to tackle with problems of poverty so
that parents will happily follow their duty to educated their children ward
regardless of their age as well as they have to provide free higher education.
Children and Five Year Plans
The Indian economy is based in part on planning through its Five Year Plans (FYPs),
which are developed, executed, and monitored by the erstwhile planning
commission. The FYPs are centralized and integrated national economic Programmes.
The First Five Year Plan was introduced in 1951, which identified health,
nutrition and education as major areas of concern with regard to children.
every passing Five Year Plans, concentration on child welfare was give like
getting basic services to children, improve the health, nutrition and
educational status of working children. During these FYPs many schemes were
introduced for the welfare of children, some of them were specifically made for
girl child like Apni Beti Apna Dhan scheme, Cradle scheme, Raj Lakshmi scheme.
The last Five Year Plan that is Twelfth Five Year Plan) monitored many targets
for children like to reduce IMR and MMR, to improve child sex ratio, to reduce
under nutrition among children, to ensure that all children receive a protective
The courts have, on several occasions, responded to the needs of children
through public interest litigation, especially in the areas of improvement of
conditions of children in institutions, prisons, illegal confinement, treatment
of physically and mentally disabled children, child labour, adoption, juvenile
justice, prevention of trafficking of young girls, welfare of children of
prostitutes, prohibition of corporal punishment in schools, and sex selection
tests. Several of these issues were raised before the courts by social
activists, journalists, newspaper reporters, or taken up Suo motu by the
Some of the landmark decisions are mentioned below:
M.C. Mehta v. State of Tamil Nadu:
This judgement passed elaborate directions
stop child labour in hazardous occupations and processes.
The Supreme Court has
considered the constitutional perspectives of the abolition of the child labour
notorious Sivakasi Match industries. The Court has issued detailed directions to
eradicate the practice of employing children below the age of 14 years in this
hazardous industry. The court has insisted that the employers must comply with
the provisions of the Child Labour (Prohibition and Regulation) Act. The Court
has emphasized that abolition of child labour is definitely a matter of great
public concern and significance.
Bandhua Mukti Morcha vs. Union of India 59:
Bandhua Mukti Morcha is an
organization that works for the release of bonded laborers’ in India. They sent
a letter to the Supreme Court regarding bonded labour going on in Faridabad
district of Haryana in ‘inhuman and intolerable conditions’. The court converted
the letter into a writ petition, and after confirmation by the investigating
team appointed by the court of the existence of the said bonded labour system,
the court directed:
The State Governments to constitute Vigilance Committees in each district and
The District Magistrate to take up as top priority the task
of identification of bonded labour.
The State Government to concentrate on rehabilitation of bonded labour and
evolve effective Programmes for this purpose.
Unnikrishnan J.P. & Others v. State of Andhra Pradesh:
Right to education, in
this case, was included under the right to life by the Hon’ble Supreme Court of
India. The court observed that ‘education is a preparation for a living and for
life’ and thereafter concluded with the statement ‘we hold that every citizen
has a right to education under the Constitution. The State is under an
obligation to establish educational institutions to enable the citizens to enjoy
the said right’.
Nil Ratan Kundu v. Abhijit Kundu:
The Supreme Court has said that the welfare of
a child is not to be measured merely by money or physical comfort, but the word
‘Welfare’ must be taken in its widest sense, and the tie of affection cannot be
Pramati Educational & Cultural Trust & Others v. Union of India & Others:
2014 there was a second constitutional challenge to the RTE Act before a 5-judge
bench of the Supreme Court in the Pramati case again by private schools. The
grounds for challenge this time were that Article 15(5) and 21A of the
constitution and the RTE Act violated the basic structure of the constitution
and the right to equality by making an unreasonable distinction between aided and unaided minority schools. CLPR represented the Azim Premji Foundation as
an intervener in this matter.
Jayna Kothari argued that there was a difference
in the standard of scrutiny in a basic structure review and fundamental rights
review and that the obligation imposed by Article 15(5) and 21A on private
unaided non-minority schools was not unreasonable or against the basic features
of the Constitution. The constitutional bench of the Supreme Court once again
upheld the constitutionality of the RTE Act.
The Court held that as the
objectives of Articles 15(5) and 21A were to provide equal opportunities for
students from weaker sections of the society and would not violate the private
schools’ right under Article 19(1) (g). Unfortunately the Court carved out yet
another exception and held that all minority schools, even aided ones would be
exempt from coverage of the RTE Act.(6 May 2014).
Madras High Court Judgement : Madras High Court directed the Centre and States
to prohibit homework for Class 1 and Class II students in all schools (including
CBSE) in the Country. The Court also directed the Government to direct the
Governments forthwith, not to prescribe any other subjects except language and
Mathematics for Class I & II students and language, EVS and mathematics for
Class III to V students as prescribed by NCERT.
The Court also directed the
Centre to direct the State Governments and Governments of Union Territories
forthwith to formulate "Children School Bag Policy" reducing the weight of the
School bags in the line of guidelines issued by either State of Telangana or
State of Maharashtra. Justice N Kirubaran was hearing a petition filed by M.
Purushothaman, a practicing advocate challenging the circular issued by the CBSE,
dated 29.07.2017 and further direct the respondents viz., Department of School
Education and Literacy Human Resource Development Ministry, Government of India;
National Council for Educational Research and Training (NCERT) to require the
CBSE schools to buy books published by NCERT alone and not the books published
by private publishers.
There are various rights which are given to children from time to time. Rights
either on international level or national level for children are beneficial for
them. These rights are the best protectors of their interests and capabilities.
On International level child rights are best preserved by different conventions
and measures. International conventions and declarations are comprehensive
documents consisting of various articles which best define the rights of child,
but these rights are not implemented in such a way.
Children are the most
vulnerable section of population in whole world. They are abused and their
rights are violated still they don’t know about it. They are unaware of their
rights because of their tender age. Each year, thousands of children die
worldwide and the childhoods and developments of millions more are scared by
harmful practices perpetrated by parents, relatives, religious and community
leaders and other adults.
The CRC which is the most important document in
international law for the rights of children upholds the child’s own independent
right to religious freedom (Article 14), but still everywhere in the world
children are not given this opportunity to choose their religion when they will
be capable to do so. Parents very soon after their birth start to practice
different religious practices on them which influence them to a particular
religion. There should be effective mechanism at global level which would
investigate and check whether the rights given in documents are in force or they
are only written on papers.
India is also witness to many child right violations. Despite giving many rights
to children, framing policies for them, children of India are still facing so
many problems that even legislations cannot help them. Children are suffering a
lot because violation of their rights usually remain unreported and therefore
largely these violations remain unaddressed. Children are the nation’s backbone
they should be treated in a very protective manner.
The responsibility of a
state is not only to make laws but to see their effective implementation. State
is no doubt enacting laws but they should investigate that why these violations
happen. The role of both NGOs and Government bodies is imperative. A policy
reform can give teeth to police action on those who participate in this heinous
crime, only if corruption doesn’t enable cover-ups.
Many child rights in India are violated by their parents whether knowingly or
not. Child marriage is the outcome of the violation of their rights by their
parents. Parents involve their children in child marriages when they even don’t
know the meaning of marriage. Another social evil is if not marrying their
children at tender age but they engage them according to their choices and
preferences and eventually when they attain the age of majority it becomes the
violation of their right to marry a person not of their choice else their
parents would oppose them. Some of the parents are violating the rights of their
girl child by not allowing them to get education.
Child labour is also a kind of
child right violations which is done by family members. This menace where a
parent is involved in violations of the rights of their own child here, public
awareness can work better then the legislative laws. State should allocate funds
for these projects where parents should be given awareness about the rights of
their children and how their children get affected when their own parents do so.
They should be given new dimensions to think. There are other violations like
trafficking of children, sexual abuse of children, however there are legislative
acts for these crimes but state should make more strict laws for them.
- United Nations Convention on Rights of the Child 1989, art 1
- Lakshmi Kant Pandey v. Union of India on 6 February, 1984, AIR 469, SCR
- Sheela Barse & Ors v. Union of India & Ors on 13 August, 1986, JT 1986
136, 1986 SCALE (2)230. 4 The Fundamental Rights are defined as the basic
human rights of all citizens. These rights, defined in part iii of the
constitution, applied irrespective of race, place of birth, religion, caste,
creed, or gender.
- The Directive Principles of State Policy are guidelines for the framing
of laws by the government.
- Robert O. Keohane and Joseph S. Nye, (1977),‘Power and interdependence :
world politics in transition’, (Boston: Little, Brown and Company,). 7
- Nick Axford, ‘children and global social policy: exploring the impact
of international governmental organisation’(2012), international journal of
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- Ibid, S 3
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- Ibid, art 39(e) (iv)
- Ibid, art 39(f). 23 Ibid, art 47
- Ibid, art 51(c)
- Ibid, art 51A(k)
- Ibid, art 14. 27 Ibid, art 15
- Ibid, art 21
- Ibid, art 23
- Ibid, art 46
- Ibid, art 19(1)(a)
- Ibid, art 21
- Ibid, art 23
- Ibid, art 29
- Ibid, art 32. 36 Ibid, art 41
- Ibid, art 44
- Ibid, art 15
- ibid, arts 32 and 226
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- ibid, art 39(f)
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22ND August, 1974
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Award Winning Article Is Written By:
- Adv.Afshana Bashir - Advocate at District and Sessions Court
Email: [email protected]
- Adv. Rehaan Gowhar - Advocate at District and Sessions Court
Email: [email protected]
Authentication No: JL34715457012-07-0721