Author : Siddhi Gupta, Student at Symbiosis Law School, Hyderabad
A child is an invaluable asset of an society because they shape the destiny of the nation as future citizens and are future custodians of the sovereignty and Rule of Law . The Declaration of the Child Rights in 1924, adopted by the fifth assembly of the League of Nations , shows that this was the first international instrument which dealt with the child rights .The future of a country depends on how the children of the country are being nurtured and treated in order to become future citizens of the country.
A child today has a right of protection against any kind of abuse,trafficking ,exploitation ,child labour, etc. The national governments have also provided constitutional provision,facilities and various opportunities to safeguard the interest to children of our country and facilitate their integral development.
The aim of this study is to critically evaluate how the laws, policies for child rights in India are protecting children and to provide the needed direction to the government for the protection of children and better and effective implementation of child laws in India.It is believed that a person below eighteen years of age is more vulnerable than a adult in a condition under which they survive,so they are more affected that other age groups by the actions of society at large . Children are not considered as adults who have mind of their own, who possess the ability to take their own decision and differentiate between what is right and what is wrong for them. They don’t posses any power to vote, have political influence or have right to effect the economy of a nation. The Constitution of India guarantees all citizens below fourteen years of age who are termed as children a set of rights.
From the very beginning of origin of Child Rights in the domain of morality and social justice it has been a crucial issue to be unfelt by major organization over the world. According to the United Nations Convention on the Rights of the Child (UNCRC) Child Rights is defined as the basic and normality freedoms and rights to be given to people or children below the age of 18 years irrespective of their religion, race, caste, sex, place of birth, etc. The world has witnessed major incidents over couple of years which are quite evident for the proof of increase in statistics of figures in the concept of Child Rights.
It is quite normative to consider the issue specific to any age or gender per se. But if we look at the major dimensions to it, we understand the urgent need to hope and devote some serious effort in its declination. The way the issues regarding it has been taken into account is disrespectful to the whole community of wellness and morality obliged class of people in the society. The clear objectives of the international organizations is to maintain the stable character of the rights and giving the victimized children more security never been given before. The high nature of crimes against the children in Indian perspective is most seen in Asia. India been a major outsource of basic crimes against them and specially increased in the 1990s in the south-Asian region.
The reason why India been a major contributor to this wrong is that the countries it shares its boundaries are the main supplier to the critical easy ways. 1 In the case of J.P. Unnikrishnan and Others Vs. State of Andhra Pradesh and Others Supreme Court had subjected the Child Rights with fundamental right to have education which is enumerated under Article 21 of Indian Constitution. The accommodation of Human Trafficked Children for Bondage labor or for commercial sexual exploitation is the main contention in the region.
Hence in the year of 2016, both the Nation’s governments signed a memorandum of understanding for the better transportation of good and not humans. Rights which covers under this are the rights for survival of livelihood. Under which many prospective can be considered which includes the birth right to obtain correct upbringing which can morally different to individual’s view point or some other children to rapture the need to take education and go for business areas. The National and International NGOs are being very helpful to curb the issue and to make people more aware about the real statistics of the problem. Judiciary being quite reluctant in bring the issue to limelight though being criticized by people a lot. In the case of 2Mohini Jain Vs. State of Karnataka the Supreme Court has once again made the right to education under article 41 of Indian Constitution. But as far as other judgements consider the Judges given unfair decisions for the total class of victims. Legislation of India showed much ignorance in amending the last Children Rights Bill in the Lok Sabha. Making new laws crates a sense of distribution of unity between unknown treasures of people and making them unite in such way makes path for less crime society. Children being a class of society less than 18 years of age, which takes much assistance to adhere their rights and stand for them. Thus, it has been taken into account for better tomorrow to make the issue of Child Rights to the limelight of people sight and suggest solutions to the part of mainland society.
- To understand the Child Rights existing in the present scenario in both national and international perspective.
- To examine the solutions regarding the issue and suggestions given per se.
- To study the recent case laws and the judgements over the issue respectively for last 25 years.
STATEMENT OF PROBLEM
- How does National as well as International statistical data about Child Rights suggest to its reality in ground level?
- What there mechanisms needed to upheld the issue with modern solutions?
- How Article 21, 14 and 15 of Indian Constitution is applicable to the issue of Child Right?
- What are the solutions to the problem and how does increase in other crimes affect the Child Rights?
- What are the major case laws affected? And Up to what context the judgements stands valid?
The paper should be eight to ten pages in length, excluding the title and reference pages, and formatted according to APA style citations from a minimum five to maximum eight in number scholarly. The Research has been done to objectify the issues raised accordingly with the time reference. The data has been taken from reliable sources and government statistics.
The methods being used to do research are authorized by valid sources and key maintenance.
This research is based on Empirical research method – Empirical research is research using empirical evidence. It is a way of gaining knowledge by means of direct and indirect observation or experience. Empiricism values such research more than other kinds. Empirical evidence (the record of one’s direct observations or experiences) can be analyzed quantitatively or qualitatively. Through quantifying the evidence or making sense of it in qualitative form, a researcher can answer empirical questions, which should be clearly defined and answerable with the evidence collected (usually called data). Research design varies by field and by the question being investigated.
Many researchers combine qualitative and quantitative forms of analysis to better answer questions, which cannot be studied in laboratory settings, particularly in the social sciences and in education.
STATUS OF CHILDREN IN INDIA
As per reports 1/3rd of the population of country consists of people below 18 years which are termed as children. India is being considered as having largest number of youth population in world. Ironically 40% among this population i.e among children are low birth weight babies are deprived of nutrition and balance diet due to which they cannot give their best in developing them as well our nation .Amongst them 35% of the children suffer from food crisis, malnutrition ,poverty, allied problems . Also it is seen that the number of girls population is declining with the time and it is calculated that only 927 girls stand with every 1000 boys in our nation. The children are most vulnerable resource of the society and they are key to the major developmental sources like International Organizations and Governmental agencies. This has lead to better reformation of gender parity in the society. Child Rights is a part of Human Rights which has contributed to the major legal transformation within respective nations. In the 1990s various regulations came up to secure the Child Rights and protect them with International conventions such as United Nations Conventions on the Rights of Child but which helps in setting civil and political and economic and cultural rights of Children.
The protection of Child Rights in India has undergone a change as per a historical records. The constitution of India treats children as a separate identity or citizens. To curb any problem as a bane to the society it has been seen that over the years of analysis, determination of mandating the issues with regular solutions to it is the key way to have it downside by statistical figures.
CHILD RIGHTS AS PER THE JUDICIARY OF INDIA
None the less the major trials in the Judgements around the world has created the Child Rights more prone to minimize by time. Judiciary in India had been a critical stand on the Child Rights so far by major Judgements such as 3M.C. Mehta Vs. State of Tamil Nadu and Others which took stand for the working conditions of Children in educational institutions and uplifted the issues faced by them such as protection of Children from Hazardous Conditions. The change the legislation has bring in the law background has tremendous effect so far.
Working conditions also includes where the upbringing of the children has been done and the basic quality of educational institutions in bring the change to academics of the children. Poverty among children been a crucial issue to tackle in twentieth century specially between the years of 2014 to the present condition. National as well as International organizations have come with statistical figures on representing the issues between the people. Child Rights also to protect the children from the Human Trafficking which includes commercial sexual exploitation and children labor or banded labor. The contention being increasing every year irrespective of any particular nation. In the case of 4Bandua Mukti Morcha Vs. Union of India and others, the issues related the Child Rights involved in laboring sector has been secured so far. The initial figures as per Indian perspective suggests that the bane has went through much declination by the year of 2018.
STATE’S EFFORTS IN CURBING THE ISSUE
In India the states such as Tamil Nadu, Karnataka and Uttar Pradesh contributed to the declination of prob by major schemes such as Integrated Child Protection Scheme and Indian development scheme for Children has went through out the nation. They took various measures in order to protect the child rights in India such as reduction in gender gaps, promotion of literacy among the people of our nation , decrease in infant mortality rate ,decline in maternal mortality rate ,sudden decline in reduction of cases resulting in child sex ratio and many others were implemented all over the country in order to protect the children of our country .
CONSTITUTIONAL PROVISIONS REGARDING CHILD RIGHTS IN INDIA
5There are several constitutional provisions protecting Child Rights in India which are as follows:
- Article 14 of the Constitution of India talks about the equality of the individual before law. The children of the nation are treated as a separate identity and are granted equality before law.
- Article 15 of the Constitution of India talks about the rights against discrimination on various grounds such as religion,race,sex etc.
- Article 21 of the Constitution of India talks aboutthe personal liberty and due process of law to each and every person of the nation i.e it is provided to all the citizens of the country which includes children of the nation also.
- Article 24 of the Constitution of India states that no child below the age of 14 should be allowed to work at any hazardous jobs or should neither be employed to work at any place
- Article 29 of the Constitution of India talks about the rights of minorities being protected for their interests.
- Article 37 of the Constitution of India provides government the flexibility to take required measures in terms of administrative or legislative in order to ensure rights of a child in India.
- Article 45 of the Constitution of India talks about the directive principles of the state policy which provides free and compulsory education to the children of our country upto the age of fourteen years .
- Article 46 of the Constitution of India protects the weaker section of our country from the socio economic conditions and rest all other forms of exploitation.
The constitution of India plays a very vital role in protecting the rights of a child in India. It has taken these child rights from the UN Convention on the Rights of Child and termed them as fundamental rights and directive principles of state policy . Article 15(c) of the Indian Constitution makes the state obligated to make special provisions for the children of the nation . 7There are number of measures taken up by the government of India in order to protect the rights of children . 6The Preamble of the draft bill states that it is put into effect the Right to Free and Compulsory Education to all children in the age group of 6 – 14 years.
GOVERNMENT POLICIES FOR THE DEVELOPMENT OF THE CHILD RIGHTS
The government of India came up with a new policy in order to protect the child rights in India. 8They adopted the National Policy for Children in 1947 which had prior aim of welfare of children but with the time they shifted their focus on development of the child in India.
This policy aimed to curb all the problems being faced by the children of our nation and the difficulties emerging in their lives. This also rendered effective services to these children in various sectors like health, nutrition and most importantly in education sector. The government of India aimed at developing the future society by uplifting the future of the nation i.e children of the India.
The condition of Child Rights as giving on the latest take stock of a few statistical data there are 44 million children in India under the age of 18 years 37% of the total population in the country won in children of out of school in our country 99 million children in total School children school-age education appropriate only 2% of schools of a complete school education from class 1 to class 12 13 million child laborers between 5 to 14 years. The child population is engaged in labor child goes missing. In the case of 9Gaurav Jain Vs. Union of India, rehabilitation camps were subjected to child rights to secure them from wrongful means. In India kidnapping and abduction is the largest crime against children in our country husband is 5 times over is the second highest cause of suicide in children use of children India among rivers in the world only around half of the new names country continue to remain home works. Thirteen out of twenty and the five child is burden the five however data for only 18 seats available for organizations. Four more than half that is 86% of the under 5 days during the first 20 days of Life India accounts for more than 3 out of 10 standard children in the world India get married as children won in every child brides in the world is a girl.
In India 14-15 girls under 15 years of age who are married with children out of these 70% of the girls have two children and the green pictures that represent speak on their own.
In India more than three children in the age group of 18 years are working most beautiful winner in the organized and unorganized sector and easy to position levels of poverty and unemployment couple with lack of adequate social security. Need from parents to allow children to work in his occupation and non-governmental organization cry child rights and you child laborers. In India attribute to under nutrition 3 years of age in the country are anemic children around first birthday is here National family health survey data show that less than one third in France receive In India in age 27 to 14 years cannot write their own name is child laborers in this age group economy by working listen 6 month shopping 2 million have compromise on their education the scenario in India at present abuse and violence children children living with age child in armed conflict girl child child marriage children with disabilities birth registration missing children children in conflict child trafficking children without parental care.
Child health and nutrition early childhood that is children below 6 types families issues require individual attention on their own avoid delivery on them. The issue been a International approach but never been taken into consideration to stand for the right not being recognized by national governments. Therefore, the society plays an important role to downfall the issue raised.
1 1993 SCC (1) 645
2 1992 AIR 1858
3 AIR 1997 SC 699, (1996) 6 SCC 756
41984 AIR 802, 1984 SCR (2) 67
5Page no. 72, the Constitution of India, by Gopal Sankaranarayanan, Edition: 12th Edition, 2019.
6 Kagzi , (2001) “Constitution of India”, Indian law house , New Delhi , 6th edition , volume 2.
7 The Apprentices Act, 1961, Preamble of Indian Constitution.
8 Page no. 12, J.N. Pandey Constitutional Law of India 88( Central Law Agency Allahabad, 38th edition, 2002).
9(1997) 8 SCC 114; AIR 1997 SC 3021.