CHILD’S RIGHT

INTRODUCTION

The future of our nation depends on the child. In which procedure person treat the child. On
that basis only the future of our nation becomes. If we gave the proper guidance to the child
then only our country becomes educated. Innocence, mischievous, free from any tension,
always energetic that one who fall down and again stand and run, pure heart that all means
childhood .it is the golden phase in that phase no tensions there, no responsibilities. Children
believe that the world looks like a rainbow everything seems very colorful and attractive. All
the people have their childhood memories in the childhood the education child got and the
childhood gives us the stamina to face anything, our health, and the way of talking,
sacraments that depend on our childhood. That is why it is said that every child should get
their mandatory rights. That is why in every country government is making the effort that
every child gets the proper life and proper right which they all deserve. Children’s right is not
different from the human right because a child is also a human .but child gets some special
right it has given to the child, some socialist or activist they all thought children should get all
the things which are necessary for them and they did not get that. According to our nation,
the person who is below 18 years that is child most dominant thing is that there will be no
inequality across the world.

Children also rate violent free surrounding, and they also merit life filled that is full of
opportunities, children requisite get the better survival, better development, better protection
and also equal participation in all field .from old age children are facing problem .they are
getting abused and exploited .many of the children is living homeless.

As specify by the CRC, all the young people or the youngster require to convey childhood
within the soul of harmony, respect, chance, solidarity, correspondence and the people on the
world countries have the responsibilities to furnish these right by the law of international
organization.

For example: In Article 6 there is a privilege to live, under Article38 outfitted clash, under
Article 19 there is the right to insurance from physical, sexual, or mental ill-usages,
disregarder or misuse, etc.

HISTORY

The history of the child comes after the 19th century. For the very first time in Europe,
different laws were passed for ruling child labor. Different taxes were steadily uplifted or
made the education responsibility for the young children. Socialists, activist or society
acknowledge that child could not be dealt with the as same way as the adult. There were
some rule and regulation that had been taken that was helpful to protect the rights of the child
after the First World War. The World start focusing on the rights of the child because that
first important document came in which child’s right is especially recognized. The league of
the nation had adopted the first declaration on 26 September 1924 and that’s name as Geneva
declaration of child’s right .in this declaration every single person get to know about the right
of a child. In this chapter 5 the rights of the child are discussed and the obligation of the
adults, in the year 1946 the international emergence fund. UNICEF was established by the
world-originating general assembly .so pre-eminence kids survive throughout the planet or
glove. After the Second World War, the victim’s children face many problems. In 1948 the
Universal Declaration of Human Rights, in this Article 25(2) specify the special care is
needed for either the child or the mother.

In 1959 there is the declaration of child .under this it is specified that children can enjoy their
rights without discrimination and guidance and protection is also provided so that they can
protect themselves physically, mentally, and emotionally.

The 1966 international convention on the rights which are civil as well as political in the state
and state assure that proper care should be there for all the children.

In 1979 there is the minimum age convention in this main aim was to abolish child labor. In
this convention which state has the policy, they will design the one national policy in that it
was assured that no child should do the child labor and minimum age will be prescribed for
the child which will be a benefit for their physical, mental development.

In 1989 in this united nation general assembly has adopted the convention on the rights of
child .this was came into force on 2 September 1990 and India has ratified this on 11
December. This was the ultimate ratify document that talks about child rights, human rights
as well as lands right. This convention is important because in the social, cultural and
economic field first-time child right is identified. This treaty is also called an extraordinary
treaty because not only in peacetime but also in the army conflict it identified the rights of the
child. It is an international binding law in which each state and country has to do the
implementation.

In 1991 there were masters from the UNICEF .save the children like this many other
organizations converge for the discussion of the intelligence that was collected from the
convention.

The Endorsed Establishment of the CRIN which means rights International network in1995.

In 1999 ILO means international labor organization acquire the Worst Forms of Child Labor

Convention in that it is described that instant prohibition and annulment of any work which
may be harmful to the healthy, security, or morals of children is described.

In 2000 the general assembly of UN endorse 2 protocol that was optional in that child right
convention obligating the parties of state to take a modulation effort to obstruct the child
from the sale of children, sexual exploitation, involvement of a child in armed conflict, abuse
of a child and much more crime. We have to protect the child from such crime. In 2011 there

Has been scheme launched that kids will merely tender the complaint to the committee of the
rights of children this has been a golden opportunity for the children.
In 2014 in the 25th ceremony of the convention 193 members state of the UN has been ratified
and the written argument that was a nod by each and one of the United States and African
countries that was not sanctioned.

Problems that face the children during a lockdown

During this situation, every single person is suffering but the most difficult time is for
children .during this time lack of focus has been there towards children, Social philosopher
or activist says that there is government‘s dearth focus towards the children .in this tough
time children facing a problem of anxiety, stress.

As the corona outset enters its fifth month the UNICEF that is an international organization
of children’s fund said that health plight is briskly turning into a kid’s plight. Children are
confused, frustrated, and lost in this situation they cannot come in contact with outsiders
because of this their social development has been nil. Childhood is that period or chapter that
builds or smears the substratum of the persona or personality and as well as emotionally
resilience’s retention of any human or an individual. In the education system, the children had
suffered much. Because of the lockdown, there is a restriction of going outside .kids have
stilted access to socialization, not going to school, these all averting kids from access to grasp
new things and learning new things and as well as restricting their interaction with peers.

Overexposure of the social site increase especially among the young child that can be harmful
to them, for the kid who is glean of parent care in the institution named child care institution,
children are living stress or frustrated. For example, before circumstances in public health
emergencies have explained that there is an elevated likelihood of surge of violence, that also
comprises gender-based or many more. These kids are in more danger .because according to
the survey many million are in dangerous work and this time is very difficult for the children.

All the children have the right to an opinion that is discussed under article 12 and 13 .all the
children have the choice to put their opinion .they can also disagree and agree on the matter,
extricate from probe or contempt .in situation grownup should also listen and defray on a
decision for the welfare of the child. May be child’s opinion may not match the real world but
the guardian has to listen calmly.it is in any instance a notable wellspring of proficiency for
parents and has to be an assumption of. If the child has the right to put forward their opinion
in front of everyone this boosts their internal confidence then they become strong .child has
the chance to voice, as long as they will not damage others with their information.

In the constitution the children’s rights are described below:

 right to equality [i]

Right of equality came under article 14. In this article Children also have the right as
compared to the male and female .they also have the Right. The children are the commoner of
India they also have been treated equally before the law and also equal protection of the law
should be given and there should be no iniquity and absurdity. In this article, it is disused that
children’s regality and morals also should not be exploited. A Major possibility is there that
children are treated equally in our society.
In article 15 it is discussed that there should be no discrimination based on race, religion,
caste, etc.

The Special provision does not mean equal treatment it is described in article 15 (3) it is
initiate for the wellbeing and proper development of the children.

 Right to education [ii]

In the constitution it is described under Article 21A in this article it is written that the state
shall impart free and compulsory education to the children who of 6 to 14 yrs. This is the
fundamental right of the children .many hurdles are there in the state for delivering education
to the children. And many more are there.

Next in article 24, there is the prohibition of the employment of children in a factory.

In this, no child who is strive of the age of 14 shall be allowed to work in any place whether it
can be any factory or mine or not allowed to occupy in any other place which is harmful to
them.

A Tricky environment may embrace railway construction. UNICEF evaluates that high
populated India has a high rate of child labor. After the independence colonial rule, has
passed many laws for the protection of children.

Under the DPSP protection of the child is discussed.

 Under article 39(e) protection of the health of child .it is the state’s responsibility to
certify that no child faces abuse.

Under article 39 [1] (f) these children are given a chance and amenity to develop their dignity
and youth also should be protected against exploitation. This provision also stated that
opportunities are also given for the explorer.

There are various sections of IPC discussed that protect children’s rights.

Under section 369 of IPC, it is stated punishment is there for kidnapping a child under the age
of 10 with a desire to pilfer from its person. [iii]

Under 366A of IPC states that punishment will be there for the propagation of girls means to
prohibited intercourse .this section protects the girls’ child by taking strict action against the
criminals

And under sections 372 and 373 it stated that punishment will be given to the criminal for
selling or buying the ownership of a person who is below the age of 18 years or banned
activity or unlawful activity.

The Government has started making an effort for protecting their rights.

 Prohibition of child marriage 2006[iv]

Our government becomes sincere about the future of kids that is why they introduce this act
after the sustained of the child marriage restrain act. The main important motive of this act is
to avert the child from the marriage. Act certifies that child marriage has entirely vanished
from society. A Child is who does not attain the age of 18 in the female and in the male who
does not attain the age of 21 years that is a child.

 Juvenile Justice Act 2015

This act gives a particular approach to safeguard, care, and blooming of the children. In this,
mentioned that how the child is protected in a home or a without a home, etc. under section
15 spesh arrangements had made to handle the child offender who committed the wicked
offenses who are below the age of 16 to18.

There is a case named Sheela Barse v. The Secretory Children’s Aid society and Ors[v]

In this case, was filed that it is written that conventional functioning is not there of a child in
the Mumbai institution. Supreme Court stated that no instance should child retain in jail and
central law should ratify to escort consistency in the juvenile.

CONCLUSION

At present time still in some places this child marriage and child labor are still going in
society.

The main cause of this child labor is deprivation .there is much crime that is still happing like
murder, kidnapping. The future of our country anticipates upon how the child blossom so that
it is the responsibility of the state to take care of the rights. It is also seen that in the above
laws that are mentioned that government is taking effort for reducing the crime and make
sure that children should get all rights properly as the law should be nourished its harshness
and all the punishment should inject the fear in the mind of criminals .sadly a massive
number of youngster are retracted of their youth and also right of instruction now a days
Children are misusing their rights. Now days most of the children enjoy their privacy they
don’t have that much time or they don’t want to spend the time with their parents. This is the
theory name deterrent theory this is the punishment theory that blocks the crime of
lawbreakers and shows them fear that they will work under the parameter of law this theory
should be obeyed in India.

References
[1] Article 14 of the India constitution

[ii] Article 21A of the Indian constitution

[iii] Section 369 of India Penal Code

[iv] https://blog.ipleaders.in/legal-framework-protection-child-rights

[v] India kanoon