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Article By -
Shalini Mishra
BBA LLB (H)
Amity Law School, Patna
TABLE OF CONTENTS:
ABSTRACT
INTRODUCTION
CONCEPT OF RIGHTS
PRINCIPLE OF NON AGE
CONSTITUTIONAL PROVISIONS WHICH PROTECT THE RIGHTS OF CHILDREN IN INDIA
FUNDAMENTAL DUTIES
LANDMARK CASES
OTHER LAWS PROTECTING RIGHTS OF CHILDREN
CONCLUSION
ABSTRACT:
The paper's main objective is to protect the right of children in India with strong tradition as well for study on the issues of rights and protection of children under the Indian constitution. This paper also examines mainly on current issues of children and their rights as well as their protection facing in India by them.
Like all, I had to examine a different aspect of practices implemented by the government for the rights and protection of children in India. In the present scenario, the demand for education for each child is increasing as growing days for the betterment of our society and their future too.
As we know a small step and decision by government and people can change many lives of children for the betterment of society, also one of the steps in the early days was to banned child marriage in India for protection of child innocence and their childish nature and also have the right to choose their own life partner. Also, the constitution of India guarantees certain child rights covering various issues like health, education and protection from hazardous employment and exploitation etc. however despite all constitution, legal provisions, the rights of the children are being widely violated. Child labour is also an issue where the rights of children are violated over the nation.
Key words: child, education, society health, child marriage etc.
INTRODUCTION:
We all know that children are the custodian of sovereignty, rule of law, justice equality for the bright future of our nation. They are the potential embodiment of our ideals, aspirations, ambition and future hopes. India has recognized the category of the person below 18 years as a distinct legal entity as a child. Children being the 2/5th population of our country, it is essential to have strict laws to protect their rights. Nature has provided some inherent rights to every human being including children, therefore the fundamental rights bestowed in every human being from the very inception. A human being is endowed with rights since the stage of the foetus as the foetus in the mother womb is the very first starting point since then the human being is guaranteed certain basic human rights.
Millions of children around the world are being exploited, abused, and discriminated against. These children including the child labourers, being sexually exploited, also is being abused for child marriage or such children in conflict with the law or in the care of the state, as well as who are living in streets, or suffering from discrimination because of their religious or ethnic- minority status.
According to International law, a ‘child’ means every human being below 18 years. This is being universally accepted definition of a child and comes from the United Nations of Convention on the Rights of Child (UNCRC). An international legal instrument accepted and is rectified by many other countries. In Indian census of India and Indian constitution defines persons below the age of 14 as a child. The children Act defines a child as a person who has not attained the age of 16 years if he is a boy and 18 years if she is a girl. Children rights are human rights that draw special attention to the special protection and care afforded by minors but many government policies have held to hide ways adult’s abuse which lead to a decline of the integrity of children, which leads to child poverty, lack or even denial of education. Through this view, children are considered to be a minority group towards whom society needs to reconsider the way it behaves towards them.
As minors, by law children do not have the power to make decisions on their own. Instead, these decisions are made by their parents, caretakers, social workers, teachers, youth workers, [1]and others with such authority. It is generally believed that the state gives such insufficient control over their own lives and makes them vulnerable. Therefore, children do not constitute to be anyone’s property of their parents nor even the society, they belong to their own freedom.
CONCEPT OF RIGHTS:-
Constitutional right is a right or freedom which is guaranteed to be enjoyed by every individual in India. It can be propagate or duty, power or restraint which recognized by sovereign state or union states. Rights which dominate our understandings of what actions and proper and which institutions are just given to citizens as well the shape of morality which we perceive it. There are two different fundamental different conceptions and nature of rights i.e. positivistic conception and other is non- positivistic conception. According to both the constitutional right falls under positivistic conception that means it is part of the positive law. A right is an entitlement of an individual that is to be enjoyed in certain manner or that it may prevents from certain treatment from government. A right affect a person what you are able to do and what other people can do to you like for some examples: Right to speak freely, this right is to be treated equally to each and every individual over the nation.
PRINCIPLE OF NON AGE:
A juvenile who is below a particular age is not responsible for any particular criminal act committed by him/her because of emotional, mental immaturity and is insufficient capacity to distinguish between right or wrong.
Principle 1: rights to every child with no race, colour, creed, language, culture etc.
Principle2: the child shall enjoy special protection and shall give opportunities also to enable them too physically, mentally, in a normal manner.
Principle 3: the child shall be entitled from his birth to name and a nationality
Principle 4: the child shall enjoy social security, nutrition, prenatal etc.
Principle 5: the child who is physically socially and mentally handicapped shall be treated as special treatment.
Principle 6: the child full of harmonious environment needs special love and care
Principle 7: the child is entitled to receive proper education which shall be free and compulsory to each and every in the whole nation.
Principle 8: the child must be given protection first.
CONSTITUTIONAL PROVISIONS WHICH PROTECT THE RIGHTS OF CHILDREN IN INDIA:
The Indian constitution ensures the rights and protection of children through its various provisions but their proper implementation can only be lead to their realization. Violation of the rights of children can be seen in form of abuse, inadequate health facilities, malnutrition, and so on. In the Indian constitution it accords the rights and protection to the children as a citizen of the country, and keeping their special status in the state has enacted special laws
The constitution guarantees special laws that are meant specifically for children, they include:
1. Right to free and compulsory elementary education for all children in the 6-14 years of age group ( Art.21)
As per Indian constitution, this Article provides that the state right to education must be provided to all children of our country between the ages of 6 years to 14 years with free and mandatory manner which be determine by law.
Though, India’s literacy rate has increased by 15% between year 1991 and 2006 but the total number of illiterates remain high due to increasing population in India.
2. Right to protected from hazardous employment till the age of 14 years (Art. 24)
According to this Article, no child under the age of 14 years can be employee in factory, industry or mine, or any other dangerous occupation as child labour is regulated and is prohibited under this Article.
Also, child labour is defined as a work that disturb the children childhood, dignity and their physical and mental development.
3. Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age and strength (Art. 39 (e)).
It states that health and the strength of the workers whether it is men or women, the tender age of children are not forced by economic necessity to their age or strength.
4. Right to equal opportunities and develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Art. 39(f)).
It states that children are given the opportunities and facilities to develop in a healthy manner and in a condition of freedom and dignity that childhood is being protected by exploitation.
5. Right to early childhood care and education to all children until they attain the age of 6 years (Art. 45)
According to the provision, the state shall endeavor to provide early childhood care and education for all the children until they complete the age of 6 years. According to constitution of India, the state shall protect the child is responsible for the development within them.
Besides, children also have the rights as equal as the citizens of India, just as any other adult, they are:
o Right to equality (Art. 14)
According to the Article 14 of Indian constitution, it states that within the territory of India the state shall not refuse any person the equality before the law or equal protection under the law. The citizens of India including children must be treated equally in front of law and must be given equal and fair opportunities
o Right against discrimination (Art. 15)
Article 15 being a part of the united convention on the rights of child (CRC) stating children rights to meet together and join groups of organization. This means that all children whether it is a boy or a girl, rich or poor, have special need or not cannot be discriminate by the state.
o Right to being protected from trackficked and force into bonded labour ( Art. 23)
Health is one of the crucial component of achieving children’s right and for protection. Nearly around one million children below the age of five years die in India, however women and children are disproportionately affecting the barriers of health in our society.
One of the biggest issue which is suffered by children is HIV infection means around 3700 new infection is among children, a lack of clean drinking water can be a major issue for HIV infection.
o Right to minorities for protection of their interests (Art.29)
The state agree that the education of child shall be directed to the development of child’s personality, their talents, mental and physical abilities to fulfill the potential as well to respect for the human rights and fundamental freedoms.
o Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Art.46)
Children also has the rights as the equal citizen of India, just as any adult male or femaleRight of weaker sections of the people to be protected from social injustice and all forms of exploitation.
o Right to nutrition and standard of living and improved public health ( Art.47)
This Article provides that the state shall regard the raising level of nutrition and the standard of living of the children and people as well and the improvement of public health as its primary duty.
FUNDAMENTAL DUTIES:-
The fundamental duties are in Part IV and are moral obligations of all the citizens to help to promote a spirit of patriotism which contains 11 duties to be followed by the citizens of India.
Article 51A (k):
It shall be the duty of every citizen of India who is a parent or a guardian who may provide opportunities to provide education for his/ her child or, as in case ward between the ages of 6 to 14 years. The constitution strictly mentions that the providing of education is the duty of the parent for the future and the development of the nation.
LANDMARK CASE DECISIONS ON THE RIGHTS OF CHILDREN:
The court has seen the matters regarding the protection and rights of children and decisions in concern of them.
Ø MC Mehta vs. State of Tamil Nadu
The judgement was passed in concern of the children and gave states direction to prohibit child labour in hazardous conditions. The judgment came out with the vision of the constitution and also linked child labours with poverty, the Hon’ble judge also stated that there has been proper eradication of child labour by the state.
Ø Gaurav Jain v. Union of India
The Hon’ble Supreme Court held that segregating the children of prostitutes would not be any their fair interest. It states that children have the right to equality of opportunity, dignity, care and protection as to be part of the mainstream of social life without any pre- stigma attached to them.
OTHER LAWS WHICH BIND THE PROTECTION OF CHILDREN IN INDIA:
1. Prohibition of child marriage
The government of India introduced the prohibition of child marriage to restrain child marriage across the nation. This Act ensures to eradicate child marriage to protect the child and their rights in society.
2. Juvenile Justice Act
This Act brought and provides a special approach to the protection and development of children. Also, this law mentions how a child should be protected at the home.
3. The child labour (prohibition and regulation)Act
This Act prohibits the engagement of children in certain employment which is hazardous to work which can affect the child mentally and physically.
4. The guardian and wards Act
This Act basically deals with the qualification, appointment and removal of guardians of children by the court to be applicable to all the children irrespective of religion.
5. The Hindu maintenance and adoption Act.
This Act generally deals with the provisions of adoption of children of Hindu adult under Hindu law of maintenance of wives, parents and children
CONCLUSION:
At last, we come to the conclusion of this research paper where we have seen that in India children cannot be separated from their families and parents. Also, children exist together as an institution and for the development of our future and for the betterment of India every child shall need to reach sufficient awareness of the family with the introduction of various programs, schemes and laws.
Apart from this, our government, authorities and other organization and the way the society is shaped must also be dependent on children point of view. If the present legislation turns out to be insufficient then based on statistical data which will come out, India can perhaps borrow some policies for the protection and right of children in India. Since legislation may take a long time to come into operation, and since many more comprehensive laws are required for the safety, protection of rights of children because for the betterment of children and our society too. Through collaborating with other organizations to ensure proper record keeping of resources which are allocated properly.
Hence, all children have the right to have education, equality, freedom to live as they want.
REFERENCES:
v from books
[1] Rachita garg, December 6 2020/ https://blog.ipleaders.in/legal-framework-protection-child-rights/ [2] Deepti garg,/ http://www.legalserviceindia.com/legal/article-5428-children-rights-and-legal-framework-for-their-protection-under-the-constitution.html [3] H.saharan / http://www.legalserviceindia.com/legal/article-5428-children-rights-and-legal-framework-for-their-protection-under-the-constitution.html [4] Snehtas, http://www.legalserviceindia.com/legal/article-1466-child-rights-and-the-constitution.html
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