Constitution of India

Provisions on the Rights of Child

Prof. (Dr.) Anil K. Dixit

Article 14 of the Constitution, guarantees equality before law and equal protection of law
to all persons within the territory of India.
This includes the children, that they should not be denied of protection.
(National Legal Services Authority and oths. v. Union of India, (2014) 5 SCC)

Article 19(1)(a) of the Constitution, guarantees every citizen to have the right to freedom
of speech and expression and it is also applicable to children.
freedom of speech and expression is interpretated : right to be heard.

Like adult, children have the right to be heard.

Participation is one of the guidance principles of UNCRC, conversely it is the least
recognized or respected right in the world.
ARTICLE : 12 of UNCRC says that, the child has the right to express his or her opinion freely and to have that
opinion taken into account in any matter or procedure effecting the child.
 Why listening to children is important ?
(Article 19(1)(a) of Constitution) (Article 12 of UNCRC)
Participation contributes to personal development.
Participation leads to better decision-making and outcomes.
Participation serves to protect children.
Participation contributes to preparation for civil society development.
Participation increase the capacity of tolerance and respect for others.
Participation strengthens accountability.
Article 21 of the Constitution states, no person shall be deprived of his life or
personal liberty except according to the procedure established by law.

Sunil Batra v. Delhi Administration AIR 1978 SC

‘Protection of Life’ implies the Right to live consistently with human dignity and decency.

The state is under obligation to see that there should not be any violation of fundamental
rights of any person – Adult or Child.
 Article 21(A) of the Constitution
Right to free and compulsory education for all the children in the age group of 6–14 years.
Added by (86th Amendment) Act 2002
The Right of Children to free and compulsory Act 2009 (came inforce on 1st April 2010)
Unni Krishnan v. State of Andhra Pradesh 1983 SCC, court said that, Right to Education flows
directly from Right to Life.
165th Report of Law Commission of India on free and compulsory education for children
1998.

“Right to Personal Liberty and due process of law"

Liberty incudes dignity held in, Maneka Gandhi v. U.O.I. AIR 1978 SC.
Board of Trustees v. Nadkarni AIR 1983 SC, the Hon’ble court held that, dignity includes all
those aspects of life which go to make a man’s life meaningful, complete and worth living.
 Right Against Exploitation
Article 23(1) : Incorporates two declaration
(a). Traffic in human beings and similar forms of forced labour
(b). Any contraventions of the prohibition shall be a punishable offence in accordance with
law.

Sama Bai v. State of Uttar Pradesh, AIR 1959 All.

In this case, the Hon’ble Court gave the observation that although there is no specific
mention of children in Article 23 of the Constitution, but it may be inferred that, it do include
children in its contours as the children are regarded as most vulnerable and can be exploited
at any time.

Dubar v. Union of India AIR 1952 Cal. 496

The expression traffic in human being also covers slavery though not expressly mentioned.
 Article 24 of the Constitution, Right against exploitation in part III is directly
connected with child labour. It prohibits employment of child labour below the
age of 14 years.

Article 24 leaves a wide scope to bring a number of cases of a child labour to

the notice of judiciary.

N. Bhageerathan v. State of Tamil Nadu, 1999 CrLJ.

The Hon’ble Court has held that, if the accused employer is unable to prove that children
employed were not below 14 years, he can be convicted for the offense of employing child
labour.
Bandhua Mukti Morcha v. Union of India, SCC 1984
The Hon’ble Court has held that, Right to Live with human dignity enshrined in Article 21 of
the Constitution.
 Article 29 of the Constitution :
Rights of Minority for protection of their interests.
Article 29 gives special right to the minorities to establish educational institution of their own
choice and these educational institutions.
For e.g. – Christian Convent Schools,
Madarsa for Muslim Minority

Sathyavan Kottarakkara v. State of Kerala AIR 1997, court held that Right to Education is a
fundamental right that means Right to uninterrupted Education is also a fundamental right.
 Article 39(e) of the Constitution :
Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their children age or strength Article 39(e).
This Article 39(e) imposes ban on the employment of children in any occupation.
N. Bhageerathan v. State of Tamil Nadu 1999 CrLJ. (Burden to prove on Defence)

Article 39(f) of the Constitution :

Right to equal opportunity and facilities to develop in a healthy manner and in condition of
freedom and dignity and guaranteed protection of childhood against exploitation and
against moral and material abandonment Article 39(f).
State to see that children are given opportunities and proper facilities to develop in a healthy manner and in a
condition of freedom and dignity.