STUDENT INFORMATION

NAME: JAGRUTI PATNAIK

B.B.A.L.L.B [SECTION – B]
5TH SEMESTER
REGISTRATION NO : 1841801086

SUBJECT INFORMATION
SUBJECT : HUMAN RIGHTS (OPTIONAL)
SUBJECT TEACHER : DR. AMRITA MISHRA
TOPIC: RIGHTS OF CHILD IN INDIA – AN ANALYSIS
 ACKNOWLEDGEMENT

I would like to express my deepest appreciation to all those who

provided me the possibility to complete this report . A special
gratitude I give to our HUMAN RIGHTS (OPTIONAL) Teacher
Dr. AMRITA MISHRA who gave me the golden opportunity
to do this wonderful project on the topic “RIGHTS OF CHILD
IN INDIA – AN ANALYSIS” , which also help me in doing a
lot of research and I came to know about so many new things I
am really thankful to them.

Secondly, I would also like to thank my parents and friends

who helped me a lot in finalizing this project within the limited
time frame.

INTRODUCTION
India, in its bid to become an ethical labour market to
international corporations in 1991, ratified the United Nations
Convention on the Rights of the Children in 1992.
The Convention stems to end the suffering of children, giving
them instead a healthy, happy and safe environment that
nurtured them physically, mentally, and emotionally. These
facets find a strong resonance in the Convention.

Child rights go beyond just human rights, which exist to ensure

fair and proper treatment of people across the world, and
promote their well-being. Children, defined as any person
under the age of 18, need more than just human rights due to a
set of unique needs stemming from their vulnerabilities.

During earlier times, not much special attention was given

towards the development of children. Later on with the change
of the times special attention towards the development of
children was taken by the many governments of the world. In
every civilized society development of children must be given
utmost importance because they are the assets of a nation.
Children possess certain special physical & mental
characteristics for which they need special care & treatment.
The Governments of every state shall make policies for the
development of children. Long ago, there were no concern on
the part of the government on the development of children &
their rights. They have been used as labour from ages.
Child labour is not a new term. It is been mentioned in
Manusmritis as well. Children were exploited in many ways.
There was no formal system of primary education for the
children in those days.
They used to work in the fields with their parents. With the
change of times the ambit of work changed from working in the
fields to working in factories, mines, plantations etc
. The conditions of children improved a bit during the British
period in India. The British Government enacted many
legislations which prohibited the working of children in
hazardous factories. They also enacted certain legislations for
the primary education of the children.

After the Independence of India & commencement of the

constitution, children were conferred many rights under the
constitution.
The Government of India also enacted a number of legislations
for the protection of the rights of the children in India.
Legal Definition of Child
The term ‘Child’ is not defined in the Indian Constitution.
According to Article 1 of the United Nations Convention on the
Rights of the Child 1989, ‘a child means every human being
below the age of eighteen years unless, under the law
applicable to the child, majority is attained earlier’.
The legal definition of child tends to depend upon the purpose.
There are a number legislations in India which defines the term
‘Child’ depending upon the purpose. Under the Indian Majority
Act,1875 the age of majority is eighteen years & in case of a
minor for whose person & property a guardian is appointed or
whose property is under the supervision of the Court of Wards
the age of majority twenty-one years. Under the Child Labour
(Prohibition and Regulations) Act, 1986, child means a person
who has not completed his fourteenth year of age.
Under the Child Marriage Restraint Act, 1926, child means a
person who, if a male, has not completed twenty-one years of
age and, if a female, has not completed eighteen years of age.
Under Juvenile Justice (Care and Protection) Act, 2000,
‘Juvenile’ or ‘Child’ means a person who has not completed
eighteenth year of age.
United Nations Convention on the Rights of the Child
(CRC)
The United Nations Convention on the Rights of the Child
(UNCRC) is a comprehensive, internationally binding agreement
on the rights of children, adopted by the UN General Assembly
in 19891. It incorporates children's civil and political rights (like
their treatment under the law), social, economic and cultural
rights (like an adequate standard of living) & protection rights
(from abuse and exploitation). A child is defined in the UNCRC
as a person under the age of 18 years.

General Principles
Within the UNCRC, four articles are afforded special emphasis,
as they are basic to the implementation of all other rights.
These four articles are often referred to as 'general principles'.
These are:
· that all the rights guaranteed by the UNCRC must be available
to all children without discrimination of any kind (Article 2);
· that the best interests of the child must be a primary
consideration in all actions concerning children (Article 3);
· that every child has the right to life, survival and development
(Article 6) and
· that the child’s view must be considered and taken into
account in all matters affecting him or her (Article 12).

1
General Assembly Resolution 44/25 , dated November 20, 1989
RIGHTS OF THE CHILD IN INDIA

1. THE RIGHT TO AN IDENTITY (ARTICLES 7 AND 8)

Children are entitled to a name, legally registered with the
government, and a nationality (to belong to a country). Further,
they must have the right to an identity, in the form of a public
record. This ensures national support, as well as access to social
services.

2. THE RIGHT TO HEALTH (ARTICLES 23 AND 24)

Medical care, nutrition, protection from harmful habits
(including drugs) and safe working environments are covered
under the right to health, and articles 23 and 24 enumerate
access to special care and support for children with special
needs, as well as quality health care (including drinking water,
nutrition, and a safe environment) respectively.

3. THE RIGHT TO EDUCATION, (ARTICLE 28)

Right to free primary education is critical for helping children
develop discipline, life skills while finding a safe and healthy
environment to nurture a child’s physiological development.
This includes freedom from violence, abuse or neglect2.

4. THE RIGHT TO A FAMILY LIFE (ARTICLES 8, 9, 10, 16, 20, 22

AND 40)
If not family members, then children have the right to be
looked after by caretakers. Children must live with their parents
2
Mohini Jain vs. State of Karnataka
until it is harmful to them. However, ‘family reunification’, i.e.
permission for family members living in different countries to
travel to renew contact between family members is critical.
Under the ward of a caretaker or family, they must be provided
privacy against attacks on their way of life and personal history.
Children who do not have access to a family life, have a right to
special care and must be looked after properly, by people who
respect their ethnic group, religion, culture and language.
Refugee children have a right to special protection and help. In
the case of misdemeanors, children have the right to seek legal
counsel under a juvenile justice mechanism, with the fair and
speedy resolution of proceedings.

5. THE RIGHT TO BE PROTECTED FROM VIOLENCE (ARTICLE 19

AND 34)
Protection from violence extends even to family members, and
children must not suffer ill-treatment or sexual or physical
violence. This includes use of violence as a means of discipline.
All forms of sexual exploitation and abuse are unacceptable,
and this Article takes into view the sale of children, child
prostitution and child pornography.

6. THE RIGHT TO AN OPINION (ARTICLE 12 AND 13)

All children deserve the right to voice their opinions, free of
criticism or contempt. In situations where adults are actively
deciding upon choices on behalf of children, the latter are
entitled to have their opinions taken into consideration. While
children’s opinion may not be based on facts, it is nonetheless
an important source of insight for parents, and should be
considered. However, this depends on the child’s level of
maturity and age. Children have the freedom of expression, as
long as they are not harming others with their opinions and
knowledge.

7. THE RIGHT TO BE PROTECTED FROM ARMED CONFLICT

(ARTICLES 38 AND 39)
Armed conflict converts innocent children into refugees,
prisoner, or participants in armed conflicts, and these are all
circumstances which contravene with the spirit of War or any
armed struggle can severely damage a child’s morale as well as
perceptions of ethics, and this must be corrected in a nurturing
safe environment. While seeking to rehabilitate children
affected by war, the government must also ensure that children
are not forced to participate in any armed struggle.

8. THE RIGHT TO BE PROTECTED FROM EXPLOITATION

(ARTICLES 19, 32, 34, 36 AND 39)
As exploitation is usually achieved through violent means,
protection from violence is critical for freeing children from
exploitation. This extends to abuse, negligence and violence by
parents, even if it is justified as an instrument of achieving
discipline at home. Further, children cannot be made to work in
difficult or dangerous conditions. Children can only volunteer to
work doing safe chores that do not compromise their health, or
access to education or play. Sexual exploitation, another
dimension of exploitation, is also prohibited, as an activity that
takes advantage of them. Survivors of neglect, abuse and
exploitation must receive special help to enable recovery and
reintegration into society. Children also cannot be punished
cruelly, even if it is under the ambit of the justice system. Death
or life sentences, as well as sentences with adult prisoners, are
not permitted.

Constitutional Provisions relating to Children

The framers of our Constitution were well known of the fact the
development of the nation can be achieved by the
development of the children of the nation & it is necessary to
protect the children from exploitation as well. The following are
the provisions of the Indian Constitution relating to children:

· Article 14 provides that the State shall not deny to any person
equality before the law or the equal protection of the laws
within the territory of India.

· Article 15(3) provides that Nothing in this article shall prevent

the State from making any special provision for women and
children.

· Article 21 provides that no person shall be deprived of his life

or personal liberty except according to procedure established
by law.3

· Article 21A provides that the State shall provide free and
3
J.P.Unnikrishnan & Others Vs. State of Andhra Pradesh & Others
compulsory education to all children of the age of six to
fourteen years in such manner as the State may, by law,
determine.

· Article 23(1) provides that traffic in human beings and beggar

and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in
accordance with law.

· Article 24 provides that no child below the age of fourteen

years shall be employed to work in any factory or mine or
engaged in any other hazardous employment.4

· Article 29(2) provides that no citizen shall be denied admission

into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion,
race, caste, language or any of them.

· Article 39(e) provides that the shall, in particular, direct its

policy towards securing that the health and strength of
workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength.

4
M.C. Mehta Vs. State of Tamil Nadu and Others
· Article 39(f) provides that the shall, in particular, direct its
policy towards securing that children are given opportunities
and facilities to develop in a healthy manner and in conditions
of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material
abandonment.

· Article 45 provides that the State shall endeavour to provide

early childhood care and education for all children until they
complete the age of six years.

· Article 47 provides that the State shall regard the raising of the
level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties.

· Article 51A(k) provides that 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 fourteen years.

Other Legislations Deals With The Right Of Children

Apart from the Constitution there are a number of legislations
which deals with children. The following are some of them:

The Guardian and Wards Act 1890

This Act deals with the qualifications, appointment & removal
of guardians of children by the courts & is applicable to all
children irrespective of their religion.

The Child Marriage Restraint Act 1929

This Act as amended in 1979 restraints the solemnization of

child marriages by laying down the minimum age for both boys
& girls. This law is applicable to all communities irrespective of
their religion.

The Orphanages and Other Charitable Homes (Supervision And

Control) Act 1960

This Act provides for the supervision and control of orphanages

and homes for children.

Apprentices Act 1961

This Act lays down qualifications for persons above fourteen
years of age to undergo apprenticeship training in any
designated trade.

The Child Labour (Prohibition And Regulation) Act 1986

This Act prohibits the engagement of children in certain
employment & regulates the conditions of work of children in
certain other employment5.
The Juvenile Justice (Care and Protection of Children) Act 2000
This Act deals with the law relating to juveniles in conflict with
law & children in need of care & protection, by providing for
proper care, protection & treatment by catering to their
development needs & by adopting a child-friendly approach in
the adjudication & disposition of matters in the best interest of
children & for their ultimate rehabilitation through various
institutions established under the Act.

Policies of the Government regarding Children

The Government of India has made a number of policies
regarding the physical, mental & social development of the
children of the country. The Government has also made many
policies on the health & education of the children. The
following are some of the important policies of the
Government regarding children:
· National Policy for Children, 1974
· National Policy on Education, 1986
· National Policy on Child Labour, 1987
· National Health Policy ,2002

National Policy for Children 1974

India is one of the few countries in the world which have a
written policy for children. This policy declares that the children
5
Bandhua Mukti Morcha Vs. Union of India and others
are the ‘supreme asset of the nation ’.The following are some
of the features of the policy:

1. All the children shall be covered under a comprehensive

health programme.
2. Programmes to be implemented to provide nutrition to
children & remove deficiency from the diet of the children.
3. To provide non-formal education.
4. Special attention to be taken towards the physically
challenged, mentally retarded children.
5. All children shall be ensured equality of opportunity.

National Policy on Education 1986

This was second policy on education; the first policy of 1968
was revised by this policy. This policy was regarded as a
landmark one. This policy gave highest importance on the
Universal Primary Education. It also gave importance to early
childhood care & education. It gave emphasis on the need of
large-scale investment on the development of children both
through Government & through voluntary organisations. Later
on a number programmes were undertaken throughout the
country like the Operation Black Board, Sarva Siksha Abhiyan
etc. The Operation Black Board & Sarva Siksha Abhiyan became
very popular all over the country.

National Policy on Child Labour 1987

The National Policy on Child Labour is a landmark endeavour in
the progressive elimination of child labour in India. The policy
encompasses actions in the field of education, health, nutrition,
integrated child development & employment. The National
Policy on Child Labour is set under the following three heads:

· The Legislative Plan.

· Focusing of general programmes for benefiting child labour
wherever possible.
· Project-based plan of action in areas of high concentration of
child labour engaged in wage/quasi-wage employment.

National Health Policy 2002

The first policy on health, 1983 aimed at achieving ‘health for
all by the year 2000 ’. The second policy on health, 2002
envisages giving priority to school health problems which aimed
at health education & regular health check-ups at schools. The
principle feature of this policy was to prevent communicable
diseases like HIV/AIDS &to provide for universal immunization
of children against all major preventable disease.
CONCLUSION

The National Policy for Children, 1974 declared that the

children are the ‘supreme asset of the nation ’. Children are the
future of the nation. No civilized country can ever develop
without proper health & educational development of their
children. The Government must divert its policies towards the
development of children. All prominent policies of the
Government must contain provisions relating to children. The
Constitution of India aimed at making India a Welfare State &
for achieving it the development of the children of our nation is
essential.

All children deserve equality, despite their difference. They are

entitled to all of these rights, no matter what race, colour,
religion, language, ethnicity, gender or abilities define them.

The hallmark of culture and advance of civilisation consists in

the fulfillment of our obligation to the young generation by
opening up all opportunities for every child to unfold its
personality and rise to its full stature, physical, mental, moral
and spiritual. It is the birth right of every child that cries for
justice from the world as a whole.  –  Justice V.R. Krishna Iyer
BIBLIOGRAPHY

 DR. H.O. AGRAWAL - INTERNATIONAL LAW AND HUMAN

RIGHTS

 ARTICLE ABOUT RIGHTS OF CHILD IN INDIA IN

LEGALSERVICEINDIA.COM

 FUNDAMENTALS OF CHILD RIGHTS IN INDIA

SAVETHECHILDREN.IN

 PDF AND NOTES