RIGHTS OF CHILD UNDER INDIAN CONSTITUTION
INTRODUCTION-
Children
on account of their tender age & immature mind need special care &
protection. They have certain special rights & legal entitlements that are
being acknowledged Nationally and Internationally. The Constitution of India
recognized the rights of children for the first time & included several
articles dealing with their liberty, livelihood, & development of
childhood, non-discrimination in educational spheres, compulsory & free
education & Prohibition of their employment in factories, mines &
hazardous industries. Socially & Physically children are the weakest
element of the Society. They are not responsible for many of the cases & do
not deserve to suffer. They have no say in any of the matters of evils like war
or external debt. It has been rightly stated in the 1924 Declaration of the
Rights of the child (Geneva) that has been now used for all child causes,
“Mankind owes to child the best it has to give.” Children are the future. By
investing in them, Societies will have a bright future.
The
children are the recipient of the welfare measures. It was in the 20th
century that the concept of children rights emerged. Technically, it is a
replacement of welfare with rights, which was indeed a significant approach.
Rights are entitlements which have goals & obligations. They primarily
consist of much social justice, Non-discrimination, protection, equity,
employment & empowerment. The rights perspective is embodied in the U.N
Conventions on the Rights of the child, 1989, which is a landmark in the
International human rights legislation.
The
Constitution makers were concerned about making protection provision for the
children. In Constitution, there had been many provisions which dealt with the
lives of the children. The constitution makers aware of the fact that children
are the promises of the nation, the future of India was in the hands of the
children. So, in order to strengthen the provisions in the Constitution for
child protection, there has been the introduction of many legislations,
policies, schemes etc.
CONSTITUTIONAL PROVISIONS PROTECTIONG THE RIGHTS
OF CHILDREN-
The
Constitution ensures the rights of children & protection of them throughs
its various provisions. Children on the account of their sensitive age &
immature age, need special care and protection. They have specified rights
& legal entitlements that are being recognized Nationally &
Internationally. The Constitution has recognized the rights of children to a
great extent & included many articles dealing with the compulsory &
free education, liberty & developed in childhood, non-discrimination in
educational spheres & prohibition of their employment in factories, mines
& hazardous industries.
The legal provisions are-
ARTICLE-14 ‘RIGHT TO EQUALITY’-
According to this, ‘The state shall not deny to any person the equality
before the law & equal protection of laws within the territory of India.’
All citizen of India including women and children must
be treated equally before the law.
In ARTICLE-15(3), it is stated, ‘Nothing
in this article shall prevent the state from making any special provision for
women and children.’
It is very clear from this provision that ‘Special
Provision’ does not mean unequal treatment but it is established for the well
being & development of the children in India.
ARTICLE-21A ‘RIGHT TO EDUCATION’-
According to this Article, ‘The state shall provide
free & compulsory education to all the children of the age of 6-14 years in
such manner as the state may by law determine.’
The Constitution 86th amendment act,
2002 inserted Art.21A in the constitution to provide free
and compulsory education of all the children in the age group 6-14 years as a
fundamental right.
The right to education is reflected in international
law in Art.26 of the Universal Declaration of Human Rights & Art.13
& 14 of International covenant on economic, social, and cultural
rights.
ART-23 ‘PROHIBITION OF TRAFFIC IN HUMAN BEINGS
& FORCED LABOUR-
1.
Traffic in human beings & beggar
& other, similar forms of forced labor are prohibited and any contravention
of these provisions shall be an offence punishable in accordance with the law.
2.
Nothing in this Act shall prevent the
state from imposing compulsory service for public purpose & imposing such
services the state shall not make any discrimination.
ART-24 ‘PROHIBITION OF EMPLOYING CHILDREN IN
FACTORIES-
According to this Article, ‘No child below the age of
14 years shall be employed to work in any factory or mine or engaged in any
other hazardous employment.’
Hazardous conditions may include construction work or
railway. This Article provides the regulation & prohibition of child labour
in India
Child labour is defined as the work
which deprives children of their childhood, potential & their dignity, it
is something which causes a threat to their physical & mental development.
PROVISION UNDER DPSP-
There have been many provisions in the Directive
Principles of State Policy, which specify how the state is responsible for the
protection of rights of children.
ART-39- Certain
principles of the policy to be followed by the states-
Art-39(e) states that,
the health & strength of workers, men & women, & the tender age of
children are not forced by Economic necessity to enter avocation unsuited to
their age of strength.
Child labour is one of the
social evils that is forced by economic necessity, it is the responsibility of
the state to ensure that no child is subjected to any physical or mental abuse.
ART-39(f) states that,
children are given opportunities & facilities to develop in a healthy
manner & in conditions of freedom & dignity and that childhood and
youth are protected against exploitation & against moral & material
abandonment.
This provision also protects childhood &
provide opportunities & facilities to grow with the safe environment.
ART-45, This
provision is for early childhood care & education for children below the
age of 6 years.
According to this, “the state shall
endeavor to provide early childhood care & education for all the children
until they complete the age of 6 years.”
According to this provision of the Indian
Constitution, the state shall protect the child & is responsible for the
development within them.
The state shall ensure the safe growing environment,
where their childhood can be experienced by themselves without any external
threat.
FUNDAMENTAL DUTIES-
Fundamental duties refer to the basic obligations of a
citizen of India. It contains about 11 duties which are to be followed by the
citizens.
It is defined as moral obligations of a
citizen to help promote a spirit of patriotism to & to uphold the unity of
India.
ART-51A ‘k’- It shall be
the duty of every citizen of India, who is a parent or guardian to provide
opportunities to provide education for his child or as the case may be, ward
between the age of 6-14 years.
Through this provision, the
Constitution strictly mentions the providing for education as the duty of the
parent as it is for the future & development of the country.
POLICIES MADE FOR PROTECTION OF CHILDREN-There
are several policies concerned to the children-
1.
National children policy,
2.
National child labour policy,
3.
National educational policy,
4.
National policy for handicapped
persons, etc.
There are various laws enacted in India, which
protects the interests of children, are following-
Ø
Bhartiya Nyaya Sanhita,2023(formerly
Indian Penal Code,1860)
Ø
Prohibition of Child marriage Act,
2006
Ø
Juvenile Justice Act, 2015
Ø
The Child labour Act, 1986
Ø
The Guardians and Wards Act, 1890
Ø
The Hindu Adoption and Maintenance
Act, 1956
Ø
POCSO Act, 2012, & many more.
LANDMARK DECISIONS ON THE RIGHTS OF CHILD-
-REN-
Children
by definition are unable to file
petition in the court themselves, they have to rely on the parents. But where
parents are not able to do it , then several commissions concerned with the
children rights, move to the court.
Several cases are given following relating to children welfare-
1. Mc
mehta vs. State of Tamilnadu-
The Court held in this case that children can
be employed in the process of packing, but it should be done in an area away
from the place of manufacturing to avoid any accident to the child & the
minimum wages of child labour should be fixed.
The judgement gave out the visions of the
constitution & also linked b/w child labour with poverty.
2.
Unnikrishnan J.P & Ors. Vs. State
of Andhra Pradesh-
The court
held that, “the right to education is implicit in the right to life.”
The judgement
was before the enactment of the amendment, which was the right to education,
later inserted in the constitution as Art.21A.
3. Bhageerathan
Vs State(1999)-
The court
held that if an accused person, employer is unable to prove that the children
employed were not below 14 years, then he may be convicted of employing
children.
4.
Sanjay suri Vs. Delhi Administration-
The court
laid down orders to transfer some guilty officers & laid down some
guidelines & rules for the protection of children in jails. In this case,
Juveniles were the subject matter of Sanjay suri`s petition.
Many children
were sent jail despite the prohibition in the children`s Act. The Juvenile were
kept together with habitual & adult offenders, where they were brutalized
and made to do undesirable tasks.
CONCLUSION-
As Justice
Bhagwati has rightly quoted, “the child is a soul with a being in nature &
has capacities of its own, who must be helped to find them, to grow into
maturity, into the fulness on physical & vital energy & most breadth,
depth, & height of its emotional, intellectual & spiritual being.
Children require guidance and support. They do not know the technicalities of
life. It is for citizens like us to take their hand to show them the right way.
The social workers play an important role in eradicating social evils &
thus there is need for strict analysis on their qualification &
professional capacity.
Although there are many legislation by the government
to curb many social evils against children, but the enough measures are not
taken to ensure the child protection groundly. So, there is needed an
improvement by the government.
END