Legal and Regulatory Gaps in

securing Child rights & Right to

development
BY SHIVANI SHARMA
 OVERVIEW
Flower is
Selling a
Flower

Children are the future of But child labor and Poverty, illiteracy, and
the nation and should be exploitation persist in inadequate healthcare
treated with care and India despite hinder the development of
nurtured like plants. constitutional protections children in India.

This paper will analyze

Investing in children is legal gaps in securing
crucial for a brighter child rights and suggest
future for all citizens. solutions for the right to
development in India.
 CHILD
 
A child is a young human being who
has not yet
reached adulthood or the age
of majority  &
 Therefore legally &
socially dependent on adults for
their care, protection, well-being.
RIGHT
Right is an interest of a
person that is recognised and
protected by the law of the
land.  children and young
Right, will only exist if there
is an obligation on a person to
perform his duty and
disregard of which is wrong
austin
CHILD
RIGHT
Child rights refer to the
fundamental human
rights that are granted to
people below the age of
18.
These rights are
universal and apply to
every child irrespective
of race, gender,
religion, or nationality. 
WHY PROTECTION
IS NEEDED
Children are like flowers in a
garden, each unique in their
appearance, and have the
potential to blossom and grow
into something beautiful.  •
Just as a flower needs water,
sunlight, and proper
nourishment to thrive, children
require care, attention, and a
nurturing environment to
develop and reach their full
potential.
THEY ARE THE FUTURE
FOR TOMORROW
Issue creating  gaps in
securing the Child Rights
• Despite having constitutional provision ,
there are various factors contributing to
this gap include
 Child Labour,
•  Child Marriage, 
• Child Abuse & Prostitution,
•  Children & Domestic violence, and
Intersex Genital Mutilation
• Child Labour is one  major factor that is
addressed by me in this research paper
which ensure the protection and
promotion of child rights.
  The Child Labour
WHAT IS CHILD (Prohibition and
Regulation) Act,
LABOUR 1986

International Labour Organisation,

Child Labour refers to work that
deprives children (any person under Legislation for the
The Child and
protection of child
18) of their childhood, their potential Adolescent Labour
(Prohibition and labour The Right to
and their dignity, and that is harmful Regulation) Act, Education Act, 2009
1986
to their physical and/or mental
development.
In simple words-Child labour means that
children are made to work in jobs that take
away their childhood, stop them from going
to school regularly, and can be dangerous
The Factories
or harmful for them mentally, physically, Act,1948
socially, or morally.
 PERSONAL OPINION----Fault in implementation of legislation
Weak enforcement mechanisms: People Difficulty in identifying and rescuing
don’t have fear of the punishment 
child labourers: 
Corruption and influence of vested Child labour in informal or unregulated sectors
interests:  makes it challenging to identify and rescue child
 Employers may bribe officials or use their labourers, many children who work are not
influence to avoid prosecution for employing officially employed, which makes it harder to
child labourers. enforce the law.
Lack of awareness and Lack of resources and infrastructure:
education: Lack of awareness about child Government agencies enforcing child labour laws
labour laws and the value of education in often lack resources, including staff, equipment,
many families can result in children being sent and training, hindering effective enforcement.
to work illegally.
Inadequate rehabilitation and
support:
Rehabilitation schemes for rescued child
labourers are often underfunded and poorly
implemented, leading to insufficient support
 Recommendations to improve child labour law
Every child is like a
delicate flower, with the

Uniform Age of Child:  right to blossom and

grow freely, without being
forced into the harsh
realities of child Labour.
Provide support
Address the root
and rehabilitation
Uniform Child Labour Code causes of child  Let us nurture and
to rescued child
labour
labourers protect these precious
blooms, and give them the
chance to flourish into a
Strengthen the Increase Encourage
enforcement of awareness and responsible bright future, full of
child labour laws education business practices possibilities and
opportunities.
 The Indian  A Minor Below
INTERPRETATIO Majority Act the age of
N OF THE TERM 1875 defines 18 years. BY INDIAN LAWS
"CHILD"
The Child Labour
(Protection and child below the age
Regulation) Act, of 14 years.
defines a 
The Motor The Juvenile Justice
(Care and
Transport Workers Protection of
Act, 1961 defines Children) Act, 2015 
 The Plantations
a child below the
Labour Act,
age of 15 years
1951 defines 
 Child below 18
 a child  below the years
age of 15 years 
Thank you