INTRODUCTION

Human rights begin with children rights. There is no trust more sacred than the one the world
holds with children. There is no duty more important than ensuring that their rights are
respected, that their welfare is protected, that their lives are free from fear and want and that
they grow up in peace. It is a call to all people to respect human rights of children and to
reaffirm their commitment to children.

The United Nations Convention on the Rights of the Child, 1989 (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. Children have a right to be provided with certain services ranging from a name and
nationality to health care and education. They have a right to be protected from certain acts,
such as torture, exploitation, abuse, arbitrary detention and unwarranted removal from
parental care, and children have the right to participate in the decisions affecting their lives.
The Convention on the Rights of the Child is the first international instrument to incorporate
the full range of human rights—civil, cultural, economic, political and social rights. 1 In 1989,
world leaders decided that children needed a special convention just for them because people
under 18 years old often need special care and protection that adults do not. 2 The leaders also
wanted to make sure that the world recognized that children have human rights too. National
governments that ratify it commit themselves to protecting and ensuring children's rights, and
agree to hold themselves accountable for this commitment before the international
community.

The CRC is the most widely ratified human rights treaty with 195 ratifications with Somalia
ratifying the convention in 2016. Now its only USA and South Sudan which are the only two
countries which have not ratified the CRC.

The CRC is based on four core principles, namely the principle of non discrimination, the
best interests of the child, the right to life, survival and development, and considering the
views of the child in decisions which affect them (according to their age and maturity). The
CRC, along with international criminal accountability mechanisms such as the International
Criminal Court, the Yugoslavia Tribunal|Yugoslavia and Rwanda Tribunals, and the Special

1 Reynaert, Didier., Bourverne-de Bie, M., and Vande Velde , S. (2009) ; ‘A Review of Children Right’s Literature
Since the Adoption of the United Nations Convention on The Rights of the Child’, Childhood, 16(4), 518-534.
2 Resolution 1386 (XIV), Declaration of the Rights of the Child.

1
Court for Sierra Leone, is said to have significantly increased the profile of children's rights
worldwide.

The Convention sets out these rights in 54 articles and two Optional Protocols. 3 It spells out
the basic human rights that children everywhere have: the right to survival; to develop to the
fullest; to protection from harmful influences, abuse and exploitation; and to participate fully
in family, cultural and social life. The four core principles of the Convention are non-
discrimination; devotion to the best interests of the child; the right to life, survival and
development; and respect for the views of the child. Every right spelled out in the Convention
is inherent to the human dignity and harmonious development of every child. The Convention
protects children's rights by setting standards in health care; education; and legal, civil and
social services.

By agreeing to undertake the obligations of the Convention (by ratifying or acceding to it),
national governments have committed themselves to protecting and ensuring children's rights
and they have agreed to hold themselves accountable for this commitment before the
international community. States parties to the Convention are obliged to develop and
undertake all actions and policies in the light of the best interests of the child. The
Convention on the Rights of the Child was the first instrument to incorporate the complete
range of international human rights— including civil, cultural, economic, political and social
rights as well as aspects of humanitarian law.

MEANING OF CHILD RIGHTS

When the UN Committee on the Rights of the Child met for its first formal session in
September/October 1991, it discussed the very meaning of Children's Rights. 4 Children's
rights are the human rights of children with particular attention to the rights of special
protection and care afforded to the young, including their right to association with both
biological parents, human identity as well as the basic needs for food, universal state-paid
education, health care and criminal laws appropriate for the age and development of the child.
Interpretations of children's rights range from allowing children the capacity for autonomous
action to the enforcement of children being physically, mentally and emotionally free from
abuse, though what constitutes "abuse" is a matter of debate.

3 https://www.savethechildren.org.uk/what-we-do/childrens-rights/united-nations-convention-of-the-rights-
of-the-child
4 Draft Convention on the Rights of the Child adopted by the Working Group, - U.N. - Annex I, U.N. Doc.
E/CN.4/1986/39

2
Other definitions include the rights to care and nurturing. "A child is any human being below
the age of eighteen years, unless under the law applicable to the child, majority is attained
earlier." 5

According to Cornell University, a child is a person, not a ‘sub-person’, and the parent has
absolute interest and possession of the child, but this is very much an American view. T

he term "child" does not necessarily mean minor but can include adult children as well as
adult non dependent children. There are no definitions of other terms used to describe young
people such as "adolescents", "teenagers," or "youth" in international law, but the children's
rights movement is considered distinct from the youth rights movement. The field of
children's rights spans the fields of law, politics, religion, and morality. The committee
concluded that the Convention on the Rights of the Child was about human rights for
children.

Consensus on defining children's rights has become clearer in the last fifty years. A 1973
publication by Hillary Clinton (then an attorney) stated that children's rights were a "slogan in
need of a definition" According to some researchers, the notion of children’s rights is still not
well defined, with at least one proposing that there is no singularly accepted definition or
theory of the rights held by children.

Children’s rights law is defined as the point where the law intersects with a child's life. That
includes juvenile delinquency, due process for children involved in the criminal justice
system, appropriate representation, and effective rehabilitative services; care and protection
for children in state care; ensuring education for all children regardless of their origin, race,
gender, disabilities, or abilities, and; health care and advocacy.

CORE PRINCIPLES OF THE CONVENTION

5 Draft Convention, art. 1.

3
In drafting guidelines on how government should write and structure their initial reports on
the implementation of the convention, the committee highlighted the general principles that
were to help in the interpretation of the convention as a whole and thereby guide its
implementation. The formulation of the principles draws much from Articles 2, 3, 6 and 12 of
the convention itself.6 The Convention on the Rights of the Child contains four core
principles that govern the interpretation of the Convention's other articles:

➔ Prohibition of discrimination (Article 2)

➔ Making the best interests of the child the primary consideration (Article 3)

➔ The right to life, survival and development (Article 6)

➔ The right of the child to express his or her views freely and be heard (Article 12)

Prohibition of Discrimination: Article 2

One general principle as identified by the committee on the rights of the child is that all
children should enjoy their rights and should never be subjected to any discrimination. The
obligation to provide equality of opportunities among children is expressed in Article 2, the
first paragraph of which reads: "States parties shall respect and ensure the rights set forth in
the present convention to each child within their jurisdiction without discrimination of any
kind, irrespective of the child's parents or legal guardian, race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, poverty, disability, birth or other
status." The convention aims to imply that All children have these rights provided in the
convention , no matter who they are, where they live, what their parents do, what language
they speak, what their religion is, whether they are a boy or girl, what their culture is, whether
they have a disability, whether they are rich or poor. No child should be treated unfairly on
any basis. That the The Convention applies to every child without discrimination, whatever
their ethnicity, gender, religion, language, abilities or any other status, whatever they think or
say, whatever their family background.7

Best Interests Of The Child Is The Primary Consideration: Article 3

6 https://www.acyp.nsw.gov.au/about/the-convention-on-the-rights-of-the-child
7 Convention on the Rights of the Child’ , General Comment, No. 12, Fifty-first Session, Geneva, 25May- 12
June, 2009.

4
Children, especially when they are very young, are vulnerable and need special support to be
able to enjoy their rights fully. How could children be granted equal rights and at the same
time the necessary protection? Part of the answer lies in the principle of the best interest of
the child, formulated in Article 3.

Article 3: 1. In all actions concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration. 2. States Parties undertake to ensure
the child such protection and care as is necessary for his or her well-being, taking into
account the rights and duties of his or her parents, legal guardians, or other individuals legally
responsible for him or her, and, to this end, shall take all appropriate legislative and
administrative measures. 3. States Parties shall ensure that the institutions, services and
facilities responsible for the care or protection of children shall conform with the standards
established by competent authorities, particularly in the areas of safety, health, in the number
and suitability of their staff, as well as competent supervision.

Thus best interests of the child must be a top priority in all decisions and actions that affect
children. Hence all adults should do what is best for the child and that when adults make
decisions, they should think about how their decisions will affect children.

The Right To Life, Survival And Development: Article 6

The principle most directly related to children's economic and social rights is formulated in
the right to life article. The article goes further than just granting children the right not to be
killed; it includes the right to survival and development which is formulated in Article 6:2
and states thus: "State parties shall ensure to the maximum extend possible the survival and
development of the child." These are rights to the resources, skills and contributions
necessary for the survival and full development of the child. They include rights to adequate
food, shelter, clean water, formal education, primary health care, leisure and recreation,
cultural activities and information about their rights. These rights require not only the
existence of the means to fulfill the rights but also access to them. Specific articles address
the needs of child refugees, children with disabilities and children of minority or indigenous
groups.

Right to Survive

5
• Right to be born

• Right to minimum standards of food, shelter and clothing

• Right to live with dignity • Right to health care, to safe drinking water, nutritious food, a
clean and safe environment, and information to help them stay healthy

Article 6 (life, survival and development) Every child has the right to life. Governments
must do all they can to ensure that children survive and develop to their full potential.

Article 7 (birth registration, name, nationality, care) Every child has the right to be
registered at birth, to have a name and nationality, and, as far as possible, to know and be
cared for by their parents.

Article 8 (protection and preservation of identity) Every child has the right to an identity.
Governments must respect and protect that right, and prevent the child’s name, nationality or
family relationships from being changed unlawfully.

Article 9 (separation from parents) Children must not be separated from their parents
against their will unless it is in their best interests (for example, if a parent is hurting or
neglecting a child). Children whose parents have separated have the right to stay in contact
with both parents, unless this could cause them harm.

Article 10 (family reunification) Governments must respond quickly and sympathetically if

a child or their parents apply to live together in the same country. If a child’s parents live
apart in different countries, the child has the right to visit and keep in contact with both of
them.

Article 24 (health and health services) Every child has the right to the best possible health.
Governments must provide good quality health care, clean water, nutritious food, and a clean
environment and education on health and well-being so that children can stay healthy. Richer
countries must help poorer countries achieve this.

Article 25 (review of treatment in care) If a child has been placed away from home for the
purpose of care or protection (for example, with a foster family or in hospital), they have the
right to a regular review of their treatment, the way they are cared for and their wider
circumstances.

6
Article 26 (social security) Every child has the right to benefit from social security.
Governments must provide social security, including financial support and other benefits, to
families in need of assistance.

Article 27 (adequate standard of living) Every child has the right to a standard o ving that
is good enough to meet their physical and social needs and support their development.
Governments must help families who cannot afford to provide this.

Right to Development:

• Right to education

• Right to learn Right to relax and play

• Right to all forms of development – emotional, mental and physical.

Article 28 (right to education) Every child has the right to an education. Primary education
must be free and different forms of secondary education must be available to every child.
Discipline in schools must respect children’s dignity and their rights. Richer countries must
help poorer countries achieve this.

Article 29 (goals of education) Education must develop every child’s personality, talents and
abilities to the full. It must encourage the child’s respect for human rights, as well as respect
for their parents, their own and other cultures, and the environment.

Article 30 (children from minority or indigenous groups) Every child has the right to learn
and use the language, customs and religion of their family, whether or not these are shared by
the majority of the people in the country where they live.

Article 31 (leisure, play and culture) Every child has the right to relax, play and take part in
a wide range of cultural and artistic activities. Survival and development also includes
protection of children and Protection rights. These rights include protection from all forms of
child abuse, neglect, exploitation and cruelty, including the right to special protection in times
of war and protection from abuse in the criminal justice system.

Right to Protection:

• Right to be protected from all sorts of violence

• Right to be protected from neglect

7
• Right to be protected from physical and sexual abuse Right to be protected from dangerous
drugs

Article 19 (protection from violence, abuse and neglect) Governments must do all they can
to ensure that children are protected from all forms of violence, abuse, neglect and bad
treatment by their parents or anyone else who looks after them.

Article 22 (refugee children) If a child is seeking refuge or has refugee status, governments
must provide them with appropriate protection and assistance to help them enjoy all the rights
in the Convention. Governments must help refugee children who are separated from their
parents to be reunited with them.

Article 32 (child labour) Governments must protect children from economic exploitation
and work that is dangerous or might harm their health, development or education.
Governments must set a minimum age for children to work and ensure that work conditions
are safe and appropriate.

Article 33 (drug abuse) Governments must protect children from the illegal use of drugs and
from being involved in the production or distribution of drugs.

Article 34 (sexual exploitation) Governments must protect children from all forms of sexual
abuse and exploitation.

Article 35 (abduction, sale and trafficking) Governments must protect children from being
abducted, sold or moved illegally to a different place in or outside their country for the
purpose of exploitation.

Article 36 (other forms of exploitation) Governments must protect children from all other
forms of exploitation, for example the exploitation of children for political activities, by the
media or for medical research.

Article 37 (inhumane treatment and detention) Children must not be tortured, sentenced to
the death penalty or suffer other cruel or degrading treatment or punishment. Children should
be arrested, detained or imprisoned only as a last resort and for the shortest time possible.
They must be treated with respect and care, and be able to keep in contact with their family.
Children must not be put in prison with adults.

8
Article 38 (war and armed conflicts) Governments must not allow children under the age of
15 to take part in war or join the armed forces. Governments must do everything they can to
protect and care for children affected by war.8

The Views Of The Child : Participation Rights

A crucial dimension of the convention is expressed through another principle, the one about
respecting the views of the child. In order to know what is actually in the interest of the child
it is logical to listen to him or her. The principle is formulated in Article 12:1 which states
that "States parties shall assure to the child who is capable of forming his or her own views
the rights to express those views freely in all matters affecting the child, the view of the child
being given due weight in accordance with the age and maturity of the child.9

These four principles contribute to a general attitude towards children and their rights. They
are based on the notion that children too are equal as human beings. The affirmation of the
rights to play underlines that childhood has a value in itself; these years are merely a training
period for life as an adult. How do we grant children equal value and at the same time
guarantee them the necessary protection? The answer lies in the implementations of the four
general principles. Together they form nothing less than a new attitude toward children. They
give an ethical and ideological dimension to the convention. children are entitled to the
freedom to express opinions and to have a say in matters affecting their social, economic,
religious, cultural and political life.

Participation rights include the right to express opinions and be heard, the right to
information and freedom of association. Engaging these rights as they mature helps children
bring about the realization of all their rights and prepares them for an active role in society.

Right to Participation:

• Right to freedom of opinion

• Right to freedom of expression

• Right to freedom of association

8 https://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIntro.aspx

9 http://childrenandbusiness.org/the-principles/summary-of-the-convention-on-the-rights-of-the-child/

9
• Right to information

• Right to participate in any decision making that involves him/her directly or indirectly

Article 12 (respect for the views of the child) Every child has the right to express their
views, feelings and wishes in all matters affecting them, and to have their views considered
and taken seriously. This right applies at all times, for example during immigration
proceedings, housing decisions or the child’s day-today home life.

Article 13 (freedom of expression) Every child must be free to express their thoughts and
opinions and to access all kinds of information, as long as it is within the law.

Article 14 (freedom of thought, belief and religion) Every child has the right to think and
believe what they choose and also to practice their religion, as long as they are not stopping
other people from enjoying their rights. Governments must respect the rights and
responsibilities of parents to guide their child as they grow up.

Article 15 (freedom of association) Every child has the right to meet with other children and
to join groups and organizations, as long as this does not stop other people from enjoying
their rights.

Article 16 (right to privacy) Every child has the right to privacy. The law should protect the
child’s private, family and home life, including protecting children from unlawful attacks that
harm their reputation.

Article 17 (access to information from the media) Every child has the right to reliable
information from a variety of sources, and governments should encourage the media to
provide information that children can understand. Governments must help protect children
from materials that could harm them. The equality and interconnection of rights are stressed
in the Convention. In addition to governments’ obligations, children and parents are
responsible for respecting the rights of others particularly each other. Children’s
understanding of rights will vary depending on age and parents in particular should tailor the
issues they discuss, the way in which they answer questions and discipline methods to the age
and maturity of the individual child.

Children have rights as human beings and also need special care and protection.

10
Built on varied legal systems and cultural traditions, the Convention is a universally agreed
set of nonnegotiable standards and obligations. These basic standards also called human
rights set minimum entitlements and freedoms that should be respected by governments.
They are founded on respect for the dignity and worth of each individual, regardless of race,
colour, gender, language, religion, opinions, origins, wealth, birth status or ability and
therefore apply to every human being everywhere. With these rights comes the obligation on
both governments and individuals not to infringe on the parallel rights of others. These
standards are both interdependent and indivisible; we cannot ensure some rights without or at
the expense of other rights.

Enforcement10
A variety of enforcement organizations and mechanisms exist to ensure children's rights.
They include the Child Rights Caucus for the United Nations General Assembly Special
Session on Children. It was set up to promote full implementation and compliance with the
Convention on the Rights of the Child, and to ensure that child rights were given priority
during the UN General Assembly Special Session on Children and its Preparatory process.
The United Nations Human Rights Council was created "with the hope that it could be more
objective, credible and efficient in denouncing human rights violations worldwide than the
highly politicized Commission on Human Rights."

The NGO Group for the Convention on the Rights of the Child is a coalition of international
non-governmental organisations originally formed in 1983 to facilitate the implementation of
the United Nations Convention on the Rights of the Child. Many countries around the world
have children's rights ombudsmen or children's commissioners whose official, governmental
duty is to represent the interests of the public by investigating and addressing complaints
reported by individual citizens regarding children's rights. Children's ombudspeople can also
work for a corporation, a newspaper, an NGO, or even for the general public.

10 https://antidisestablishmentarianism/questions-and-answers/Isnt-India-a-signatory-to-the-United-Nations-
Convention-on-the-Rights-of-the-Child-UNCRC-Would-this-new-bill-contravene-some-of-UNCRCs-
provisions/articleshow/50448114.cms

11
Implementation, monitoring and evaluation
The Committee on the Rights of the Child (CRC) is made up of 18 independent experts and it
serves to monitor the implementation of the Convention on the Rights of the Child by State
parties. The Committee also monitors implementation of the two optional protocols to the
Convention on the involvement of children in armed conflict and the sale of children, child
prostitution and child pornography. It will also monitor the implementation of the third
optional protocol on a Communications Procedure upon its ratification. All States parties are
required to submit regular reports to the Committee on how the Convention and rights are
being implemented. States must initially report two years after acceding to the Cnvention and
then every five years. The Committee examines each report and addresses its concerns and
recommendations to the State party in the form of “concluding observations”. The Committee
also reviews reports submitted by States who have acceded to the two Optional Protocols to
the Convention. Upon ratification and the entry into force of the third Protocol, the
Committee will be able to consider individual complaints by children regarding the specific
violation of their rights under the first two optional Protocols. Until that time, violations of
child rights may be raised before other committees with the power to consider individual
complaints.

Measuring the outcomes of the implementation of the

Convention11
States are obliged to provide extensive child-specific data in their periodic reports including:

• Data disaggregated by age, gender, ethnic and social origin, place of residence, family
status and special groups;

• Data on the state of children’s civil rights, children’s survival, welfare and development;

• Qualitative and quantitative data, involveing the consultation with children as to how
information

about their lives can best be collected and used;

• Data that is accessible to all those concerned with the well-being of children. Data should be
made available to the public and should be presented to governmental bodies on a regular

11 https://link.springer.com/chapter/10.1007/978-3-319-23189-1_9

12
basis to inform planning and policy-making. Child well being measures are also commonly
employed tools for assessing the fulfilment of the rights set out in the Convention.

Impact of the Convention of the Child Rights

A milestone in the international human rights legislation, the ‘Convention on the Rights of
the Child’ has been instrumental in putting all the issues pertaining to children issues on the
global as well as national agenda. In addition to this, it has extensively mobilized actions for
the realization of the rights and development of children worldwide.

It was not an overnight initiative that resulted in the adoption of the Child Rights. It took
several years of movements and activism on shaping favourable, positive and constructive
attitudes toward children, and also inciting actions to improve their well-being. The enormous
efforts involved toward the implementation of the Convention, the significant amount of
resources committed to this cause, and the overall effectiveness of the systems put in place
for the execution process have a bearing on the success of child well-being outcomes.

Over the last 20 or so years, implementation of the Convention and its effect on child well-
being varied from country to country and from one region of the world to the other. Based on
analysis, there has been outstanding progress at a global level in addressing the issues related
to children. These include progress in access to services, reaching their fullest potential
through education, enactment of laws that upholds the principle of the best interests of child,
and child survival.

Though a noteworthy progress has been achieved, yet in developing countries, particularly
India, there is still a long way to go in realising the rights of children. Though all the relevant
rules and policies are in place, there is a lack in enforcement initiatives. As barriers, there are
several factors that forbid effective implementation of the laws. Due to relatively low success
in achieving concrete child development outcomes in India, the condition of underprivileged
kids and underprivileged youth is harsh and needs urgent attention. There is a need to
intensify efforts for children welfare at all levels to implement the rules and provisions of the
Convention and contribute to create a world suitable for children.12

12 https://www.childrightsconnect.org/

13
Child Rights and the world

People from across the world striving for social justice have often directed their efforts
toward the most vulnerable in society—the children. From Princess Diana's charitable work
on behalf of children to the efforts of activists like Grace Abbott and the youngest Nobel
laureate in history—Ms. Malala Yousafzai, these famous children's right activists have put
commendable efforts in helping improve the lives of the youngest citizens.

2014 Nobel Peace Prize awardees—Ms. Malala Yousafzai and Mr. Kailash Satyarthi have
reminded us all of the need to keep on advancing in providing opportunities that has an
important effect on all children. The opportunities are meant to be meaningful enough to
allow them to learn and gain the mindsets and skills that would empower them to be free,
develop themselves, their communities and the world.

Mr. Kailash Satyarthi’s struggle to liberate children from child labour had cost him many life
threats, including bullet wounds by those who exploit young boys and girls for economic
gain. Wearing flak jackets, and armed with strong determination, he and his team raided
many illegal factories and mines to rescue the children who are sold into servitude. It has
been 30 years now since he started his movement. A movement that has one clear purpose—
no child shall be a slave.

On the other hand, when one thinks of Ms. Malala Yousafzai, the first thing that pops in one’s
mind is education. The second is—education for girls. In 2009, when she was just 11, she
wrote to BBC about the norm of banning female education under the Taliban regime in the
Swat Valley (her hometown). Her article gained tremendous momentum worldwide. She
started her fight for the education of girls at that small age and began to speak publicly and to
the press, which caused her and her family receive constant death threats.

“I strongly feel that this is a big honour to hundreds of millions of the children who have been
deprived of their childhood and freedom and education.” – Mr. Kailash Satyarthi.

“I speak not for myself but for those without voice... those who have fought for their rights...
their right to live in peace, their right to be treated with dignity, their right to equality of
opportunity, their right to be educated.” – Ms. Malala Yousafzai.13

13 https://www.childwatch.uio.no/projects/thematic-groups/monitoring-children%27s-rights/

14
INDIA AS A STATE PARTY TO THE CONVENTION
The UNCRC was ratified by India in 1992 and the 2000 Act that was brought in, adhered to
the standards set by the UNCRC. The UNCRC states that signatory countries should treat
every child under the age of 18 years in the same manner and not try them as adults. While
the 2000 Act complies with this requirement, the new bill doesn't.

India ratified the CRC but has not acceded to the Convention Against Worst Forms of Child
Labour made in 1999. Although a law in October 2006 banned child labor in hotels,
restaurants, and as domestic servants, there continues to be high demand for children as hired
help in the home. Current estimates as to the number of child laborers in the country range
from the government's conservative estimate of 12 million children under 13 years of age to
the much higher estimates of children's rights activists, which hover around 60 million. Little
is being done to address the problem since the economy is booming and the nuclear family is
spreading, thereby increasing demand for child laborers. Under the auspices of the UNICEF
financed Odisha initiative the Government of India is specifying the outline of a means of
change and improvement in child care. There are severe restrictions on children in India on
their rights to have a relationship with both parents, when they are separated/ divorced,
especially when laws to protect women & children (such as Domestic Violence Act, 2006 or
Sec.498A of Indian Penal Code) are abused or misused by women. The mother is provided
custody by default with the child's access to the Father, not available or enforced in practice,
even when there is a Court order to the effect. As a result, children's rights are often under-
represented.14

OBSERVATIONS OF THE UN COMMITTEE ON THE RIGHTS OF THE CHILD

FOR INDIA'S THIRD AND FOURTH PERIODIC REPORTS

The committee on the rights of child made observations under the given heads on the
periodic report (3rd and 4th ) submitted by India in 2011. the given observations were made15:

Children’s rights and the business sector: The Committee recommends that the State party
establish and implement regulations to ensure that the business sector complies with
international and national human rights, labour, environment and other standards, particularly
with regard to children’s rights.
14 https://www.crin.org/.../concluding-observations-indias-third-and-fourth-periodic-reports

15 http://www.utsahassam.org/pdf/resource/INDIA-periodic-Report-CRC.pdf

15
Non-discrimination: The Committee is concerned at the persisting discrimination against
children from Scheduled Castes and Scheduled Tribes, children with disabilities, children
with HIV/AIDS as well as asylum-seeking and refugee children. The Committee
recommends that the State party adopt and implement a comprehensive strategy addressing
all forms of discrimination against children. It further recommends that the state party ensure
that children in disadvantaged situations have access to basic services and enjoy their rights
under the Convention. The Committee further urges the State party to adopt a comprehensive
approach to combat discrimination against girls and women, including its root causes.

Best interests of the child: The Committee recommends that the State party develop
procedures and criteria to provide guidance to all relevant persons in authority for
determining the best interests of the child in every area and for giving it due weight as a
primary consideration. The Committee further recommends the establishment of effective
monitoring and evaluation procedures in this regard.

Respect for the views of the child: The Committee recommends that the State party take
measures to ensure the effective implementation of legislation recognising the right of the
child to be heard in relevant legal proceedings, including by establishing systems and/or
procedures for social workers and courts to comply with the principle and to conduct research
to identify the issues that are most important to children and the channels through which they
currently and potentially can have the most influence on national and local decision-making.

Birth registration: The Committee expresses its concern at the low level of birth registration
in general. The Committee strongly urges the State party to expedite the adoption of the
amendments to the Registrations of Births and Deaths Act (1969), make it accessible to the
population, and guarantee both birth registration and the prompt issuance of a birth
certificate.

Right to identity: The Committee urges the State party to take all necessary measures to end
the practice of anonymous abandonment of children and to strengthen and promote
alternatives as soon as possible including by providing the necessary services.

Nationality: The Committee urges the State party to take all necessary measures to provide
stateless children belonging to communities in border areas with a nationality in line with
article 7 of the Convention and consider ratifying the Convention relating to the Status of
Stateless Persons.

16
Freedom of thought, conscience and religion: The Committee recommends that the State
party take all appropriate measures to ensure that every child, whatever his or her parents’
religion is, has the right to enjoy freedom of religion.

Corporal punishment: The Committee recommends that the State party explicitly prohibit
all forms of corporal punishment against children under 18 in all settings throughout its
territory.

Abuse and neglect: The Committee urges the State party to ensure that all forms of sexual
abuse of girls under 18 years of age, including marital rape, are fully criminalised. The
Committee further urges the state party to to ensure mandatory reporting all of cases of child
sexual abuse and take necessary measures to ensure the proper investigation, prosecution and
punishment of perpetrators.

Child marriage: The Committee urges the State party to ensure the effective implementation
of the Prohibition of Child Marriage Act (PCMA, 2006). It also recommends that the State
party take the necessary measures to combat dowry, child marriage and devadasi.

Helpline: The Committee recommends that the State party ensure the availability free of
charge of the 24- hour helpline for children to all children.

Children deprived of a family environment: The Committee recommends that the State
party establish adequate support services for parents, as well as establish a system of kinship
and foster care for children 15 and promote the use of clear criteria for determining whether a
child should be placed in alternative care.

Adoption: The Committee recommends that the State party review its legislation on adoption
with a view to harmonizing it in line with the Convention and with the Hague Convention on
Protection of Children and Cooperation of Inter-country Adoption (1993) and ensure the
effective implementation of the Guidelines Governing the Adoption of Children (2011). The
Committee urges the State party to ensure that the best interests of the child are the
paramount consideration and that the sale of children is criminalised.

Children with disabilities: The Committee recommends that the State party develop a
national plan of action for children with disabilities which integrates all provisions of the
Convention and allocate resources to support parents of children with disabilities with the
aim to prevent the abandonment of these children.

17
Health and health services: The Committee further urges the State party to ensure access to
safe water and sanitations services. It further encourages the effective implementation of the
National Food Security Act (2013) which contains provisions aiming at combating children’s
undernourishment and urges the State party to enhance efforts to promote exclusive
breastfeeding practices and ensure full vaccination of all children.

Sexual and reproductive health: The Committee urges the State party to take measures to
ensure that adolescents have effective access to confidential sexual and reproductive health
information and services. HIV/AIDS: The Committee urges the State party to improve access
and coverage of antiretroviral therapy, prophylaxis and follow-up treatment for HIV/AIDS
infected women and children as well as access to quality, age-appropriate HIV/AIDS, sexual
and reproductive health services.

Standard of living: The Committee is concerned at the high percentage of people living
below the poverty line. The Committee recommends that the State party take all necessary
measures to combat poverty and to eliminate urban-rural, social, caste and tribe based
disparities in children’s standard of living through, inter alia, social protection and targeted
programmes.

Education: The Committee recommends that the State party take the necessary measures to
improve the quality of education, introduce child rights education in the school curricula and
further urges the State party to adopt specific programmes aiming at decreasing the high
school drop-out rates and ensuring that children are supported in exercising their right to
education. Attacks on schools: The Committee urges the State party to use all means to
protect schools, teachers and children from attacks, and include communities in the
development of measures to better protect schools against attacks and violence.

Early childhood education: The Committee recommends that the State party incorporate
early childhood care and education into the RTE Act as part of the education system and
allocate sufficient resources for the implementation of this policy at all levels with the aim to
ensure universal, high quality early childhood education and care services to all 0-6 year old
children.

Asylum-seeking and refugee children: The Committee recommends that the State party
strengthen existing child protection systems, including the Integrated Child Protection
Scheme (ICPS) and guarantee refugee and asylum-seeking children access to education and

18
health. It further urges the State party to release asylum-seeking and refugee children in
detention and grant them access to UNHCR.

Child labour: The Committee recommends that the State party develop a comprehensive
strategy to prevent and eliminate all forms of child labour, including sanctions against
individuals involved in child labour. This includes establishing a database on the types and
extent of child labour.

Children in street situations: The Committee recommends that the State party develop and
implement a comprehensive policy which should address the root causes and should avoid in
all situations treating children in street situations as criminals.

Sale, trafficking and abduction: The Committee recommends that the State party establish a
comprehensive and systematic mechanism of data collection on the sale, trafficking and
abduction of children. It further urges the State party to conduct awareness-raising activities.

Administration of juvenile justice: The Committee urges the State party to bring its
juvenile justice system fully into line with the Convention and to give effect to the Juvenile
Justice Rules of 2007 establishing the minimum age of criminal responsibility at 18 and to
ensure that detention is used as a last resort.

Indian Constitution and Children Rights

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.16

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 are:

16 http://www.legalserviceindia.com/legal/article-11-protection-of-childrens-human-rights-in-india.html

19
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.

Right To Education
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

20
Government of India has prepared a draft bill on the Right to Education Bill, 2005, seeks to
give effect to the 86th constitutional Amendment.

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 years.

The father of modern education—John Amos Comenius proposed – “all persons should be
educated, so we could have peace in the world”. Visionaries of the world understood that
peace meant guaranteeing every person certain rights that are conditional for humanity—
education being one of the most important.17

The addition of the Right to Education (RTE) in the Universal Declaration of Human Rights
in 1948 was the beginning of a remarkable expansion of educational opportunities around the
world. The parliament of India enacted the Right of Children to Free and Compulsory
Education Act or Right to Education Act (RTE) on August 2009. The same got enforced on
April 1st 2010.

As per the act, education is a fundamental right of every child who is between 6 and 14 years
old. The act also states that until the completion of elementary education, no child shall be
held back, expelled or required to pass a board examination. There is also a provision for
special training of school drop-outs to bring them up to par with students of the same age.

As a charity for child rights, Smile Foundation has been providing education to marginalized
children in poor rural and urban communities in 25 states of the country. Its flagship
programme - Mission Education exemplifies the global struggle for universal education. The
programme has succeeded in bringing more than 200,000 children to school since its start in
the year 2002.

Underprivileged kids lag at all stages of education. When earning a livelihood and taking care
of the members of the family becomes a primary matter of concern in one’s life, education
stands a little or, very often, no chance of pursuance. For the millions of underprivileged
people in India, education is a high-priced luxury, and this negative outlook continues on with
every new generation. Poverty damages childhood with significant effects on a child’s
physical and mental health, as well as educational achievement. It limits the expectations of
the child’s ability to perform well in school, constantly reminding him/her of the miniscule
chance he/she has to overcome adversity and poverty.
17 https://en.wikisource.org/wiki/Constitution_of_India/Part_IV#Article_39_.7BCertain_principles_of_policy_

21
With its development interventions that are focused on social welfare of children, Smile
Foundation has raised those expectations among the hardest-to-reach children. Recent mark-
sheets of the students in all ME centres has shown Smile Foundation primary school students
outperforming their peers, with a very high passing rate. Last year, 51% of the total
beneficiaries in Mission Education centres across India were girls. Also, 87% of the total
eligible students are successfully mainstreamed in private and government schools.

Importance of Human Rights Education to Children

Here are some of the reasons why human rights education is important to children:
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.

22
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 values.

Child Rights 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.18

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 human rights.

18 https://www.childlineindia.org.in/children-issues.htm

23
Across the world many children miss out on their education because:
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 .

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 harmful situations.

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

24
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 groups
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.

STEPS TAKEN BY INDIA FOR IMPLEMENTATION OF

CONVENTION19

Legal & Legislative Safeguard: Chronology Of Events: In tune with the global endeavor to
ensure wellbeing of its children, the Indian government also had initiated endeavor through
different legislative acts. The following outlines such major endeavors in sequential years.

The Child Labour (Prohibition and Regulation) Act, 1986*

Provides for prohibition of the engagement of children in certain employments and for
regulating the conditions of work of children in certain other employments. India is a founder
Member of International Labour Organization (ILO). ILO has passed Conventions 138 and
Convention 182.

Conventions-138 provides that the minimum age for admission to employment or work shall
not be less than the age of 17 completion of compulsory schooling.

Convention 182 provides employment of all the children below 18 years should be prohibited
in worst forms of Child Labour. However, the main problem preventing Government of India

19 https://blog.ipleaders.in/child-rights-in-india/

25
from ratifying Convention 182 is that the Convention provides for prohibition of employment
of children below 18 years in hazardous occupations & processes, whereas in India as per
Child Labour (Prohibition & Regulation) Act, 1986 persons above 14 years can work in
hazardous occupations and processes.

Amendments to the Child Labour (Prohibition and Regulation),1986 2015

Employment of children below 14 years prohibited in all occupations and processes and age
of prohibition of employment linked to age under Right of Children to Free and Compulsory
Education Act, 2009. However, an exception has been made: where the child helps his family
or family enterprises, which is other than any hazardous occupations or processes set forth in
the Schedule, after his school hours or during vacations; 26 Situation of Children & Child
Rights in India: A Desk Review Name of Act Year Excerpt The latest changes in labour law
also provide for stricter punishment for employers for violation.

While there is no penalty provision for parents for the first offence, the employer would be
liable for punishment even for the first violation.

The Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 amended in
2003

Aimed at promoting breast feeding of newborn children and infants. It also looks to ensure
that infant foods are regulated and used appropriately.

The Juvenile Justice (Care & Protection of Children) Act, 2000

It is an Act to consolidate and amend the law relating to juveniles in conflict with law and
children in need of care and protection, by providing for proper care, protection and treatment
by catering to their development needs, and by adopting a child friendly approach in the
adjudication and disposition of matters in the best interest of children and for their ultimate
rehabilitation through various institutions established under this enactment.

Amendment to the Juvenile Justice (Care & Protection of Children) Act,2006

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 The JJ Act
2000 was subsequently amended and hereafter referred to as the Principal Act. The
Amendment Act brought about 26 amendments which are in force. This Act forms the legal
system and framework for the care, protection, treatment and rehabilitation of children of

26
both categories JJ Bill 2015 2015 The Juvenile Justice (Care and Protection of Children) Act,
2015 has been passed by the Parliament of India and replaces the existing juvenile
delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000. The new act
allows juveniles, n the age group of 16–18, involved in Heinous Offences, to be tried 18 as
adults. The Act came into force from January 2016.The Act came into force from 15 January
2016.

The Prohibition of Child Marriage Act 2006

The object of the Act is to prohibit solemnization of child marriage and connected and
incidental matters. To ensure that child marriage is eradicated from within the society, the
Government of India enacted Prevention of Child marriage Act 2006 by replacing the earlier
legislation of Child Marriage Restraint Act 1929. This new Act is armed with enabling
provisions to prohibit for child marriage, protect and provide relief to victim and enhance
punishment for those who abet, promote or solemnize such marriage. This Act also calls
appointment of Child Marriage Prohibition Officer for implementing this Act.

The National Commission for Protection of Child Rights (NCPCR) 2007

It was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005,
an Act of Parliament (December 2005). The Commission’s Mandate is to ensure that all
Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the
Child Rights perspective as enshrined in the Constitution of India and also the UN
Convention on the Rights of the Child. The Child is defined as a person in the 0 to 18 years
age group.

The Right of Children to Free and Compulsory Education Act or Right to Education
Act (RTE) 2009

The 83rd Amendment Bill of the Constitution of India was under consideration in the
Parliament to ensure children the fundamental right to education. The Right of Children to
Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the
Parliament of India enacted on 4 August 2009, which describes the modalities of the
importance of free and compulsory education for children between 6 and 14 in India under
Article 21 (a) of the Indian Constitution. India became one of 135 countries to make
education a fundamental right of every child when the act came into force on 1 April 2010.

27
The Protection of Children from Sexual Offences Act, 2012

It recognizes almost every known form of sexual abuse against children as punishable
offences, leaving little room for ambiguity in its interpretation. Further, by providing for a
child-friendly judicial process, the Act encourages children who have been victims of sexual
abuse to bring their offender to book and seek redress for their suffering, as well as to obtain
assistance in overcoming their trauma. The above is a glimpse of the efforts by the lawmakers
of India to ensure that there are enough legal safeguards for the children of this country
against all forms of exploitations. Theses legal acts though are part of the concerted efforts of
the government to protect the children of this country but perhaps not yet enough to mitigate
the rising cases of all types of exploitation meted out to the children.

Among the different efforts to reach out to the children in need, CHILDLINE was established
in June 1996 by Jeroo Billinoria (Tata Institute of Social Sciences, Mumbai) as an
experimental project. Subsequently, Government of India established the CHILDLINE across
India in 1998-99, under Ministry of Women and Child Development, as an umbrella
organization to support and monitor services across India, while also serving as link between
the ministry and various NGOs working the field.20

CHILDLINE India Foundation (CIF) is the nodal agency of the Union Ministry of Women
and Child Development acting as the parent organisation for setting up, managing and
monitoring the CHILDLINE 1098 service all over the country. CIF is the sole agency/body
responsible for establishing the CHILDLINE service in the cities/districts of the country,
monitoring of service delivery and finance, training, research and documentation, creating
awareness, advocacy as well as resource generation for the service.

CHILDLINE 1098 service is a 24-hour free emergency phone outreach service for children in
need of care and protection. CIF undertakes replication of CHILDLINE, networking and
facilitation, training, research and documentation, and Communications and Strategic
Initiatives both at the national and international level. This is a project supported by the
Union Ministry of Women and Child Development and linking state Governments, NGOs,
bilateral /multilateral agencies and corporate sector. CIF is responsible for the establishment
of CHILDLINE centres across the country. CIF also functions as a national centre for
awareness, advocacy and training on issues related to child protection. CHILDLINE covers
the following child protection issues:
20 https://www.childlineindia.org.in/

28
Another landmark effort by the government of India was to bring out a comprehensive
National Policy for Children. On the 26th April 2013 the government had adopted the
National Policy for Children through a resolution to reiterate the commitment to the rights
based approach for children. The policy recognizes that:

• A child is any person below the age of eighteen years • Childhood is an integral part of life
with a value of its own

• Children are not a homogenous group and their different needs need different responses,
especially the multidimensional vulnerabilities experienced by children in different
circumstances

• A long term, sustainable, multi-sectorial, integrated and inclusive approach is necessary for
the overall and harmonious development and protection of children. The policy reaffirms
that:

• Every child is unique and a supremely important national asset

• Special measures and affirmative action are required to diminish or eliminate conditions
that cause discrimination

• All children have the right to grow in a family environment, in an atmosphere of happiness,
love and understanding

• Families are to be supported by a strong social safety net in caring for and nurturing their
children A list of Acts & Laws for Child Protection Below is a comprehensive list of Acts and
other laws of the land for the protection and care of the children in India.

• Protection of Children from Sexual Offences Act, 2012

• Bonded Labour System (Abolition) Act, 1976 y Children (Pledging of Labor) Act, 1933 y
Child Labor (Prohibition and Regulation) Rules, 1988

• Child Labor (Prohibition and Regulation) Act, 1986 y Commissions for Protection of Child
Rights Rule, 2006

• Commissions for Protection of Child Rights (Amendment) Act, 2006 y Commissions for
Protection of Child Rights Act, 2006

• Convention on the Rights of Children CRC

29
• Factories Act, 1948

• Guardians and Wards Act, 1890

• Hindu Minority Guardians Act, 1956

• Immoral Traffic (Prevention) Act, 1956

• Infant Milk Substitutes Feeding Bottles and Infant (regulation of Production, Supply and
Distribution) Amendment Act, 2003

• Juvenile Justice (Care and Protection of Children) Act, 2015

• Prohibition of Child Marriage Act, 2006

• Right of Children to Free and Compulsory Education Act, 2009

• Young Persons (Harmful Publication) Act, 1956

Recommendations: Prevention of Child Rights violation

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

30
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.

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.

At School
1. increase the number of education advisers and sensitise teachers about corporal
punishment
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.

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

31
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 misbehaving
9. Adopt and implement laws on violence against children.
5. Other Recommendations to Government of India to Prevent Child Rights Violation

It is just not possible for the government to fight the battle alone. Every individual in the
society should contribute to this effort.

Challenges Ahead
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.

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

32
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.

CONCLUSION
It was only in nineteen ninety that the Convention of the Rights of the Child was ratified by
the world. Subsequently, the Indian government had effectively made several enactments to
protect the legal interests of the children in the country. The judiciary of the country is now
geared to combat situation warranting legal action against offenders of victims involving
children. The efforts are though visible but the question remains that how effective the teeth
of the judiciary is to contain the growing crime against children Over history there have been
a number of international treaties and documents that outline the rights of a child. Prior to
World War II the League of Nations had adopted the Geneva Declaration of the Rights of the
Child in 1924.

33
The United Nations (UN) took its first step towards declaring the importance of child rights
by establishing the United Nations International Children’s Emergency Fund in
1946(UNICEF). Two years later the UN General Assembly adopted the Universal
Declaration of Human Rights, making it the first UN document to recognize children’s need
for protection. As global efforts to spread norms of respect for human rights, the treaties of
the United Nations are of very great significance. Consequently, it is crucial that they have
the legal form that is most likely to be effective in ensuring their implementation. None of the
analysis above places any doubt on the value of the norms that these instruments contain.

BILIOGRAPHY

 http://childrenandbusiness.org/the-principles/summary-of-the-convention-on-the-
rights-of-the-child/

 https://www.crin.org/.../concluding-observations-indias-third-and-fourth-periodic-
reports

 http://www.utsahassam.org/pdf/resource/INDIA-periodic-Report-CRC.pdf

34
 http://www.legalserviceindia.com/legal/article-11-protection-of-childrens-human-
rights-in-india.html

 https://www.smilefoundationindia.org/child_rights.html

 https://childlineindia.org.in/India-and-UNCRC.htm

 https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?
referer=https://www.google.com/&httpsredir=1&article=1168&context=cilj

 https://antidisestablishmentarianism/questions-and-answers/Isnt-India-a-signatory-to-
the-United-Nations-Convention-on-the-Rights-of-the-Child-UNCRC-Would-this-
new-bill-contravene-some-of-UNCRCs-provisions/articleshow/50448114.cms

 https://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIntro.aspx

 https://link.springer.com/chapter/10.1007/978-3-319-23189-1_9

35