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Every right for every child, every right creates a bright future for every child. these rights help children develop a unique, strong and beautiful identity..

Every Right for Every Child

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The UNCRC (United Nations Convention on the Rights of Children, 1989) sets out that Child Rights are entitlements and freedoms that should be afforded to all persons below the age of 18 regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability, and therefore, rights apply to all children everywhere. The Child Rights are stipulated as interdependent and indivisible, meaning that one right is not to be preferred at the expense of another right.

The ability to access all rights help children develop fully with identity and dignity to meet their optimal potential.  

As children aspire for their rights be secured, so they can learn, play, be healthy, be safe, be happy and pursue their dreams and aspirations. 

Together with Government and partners, UNICEF facilitates that every child in India can access all rights. That children get the best start in life, survive, and thrive and have a voice. Download Every Right for Every Child: UNICEF 2023 calendar

For Every Child, Safety

protection of child rights in india essay

Fundamentals of Child Rights in India

What are the fundamental rights of a child.

Globally, The framework of contemporary child rights stems from the work of Eglantyne Jebb, founder of Bal Raksha Bharat, in her iconic 1923 document, Declaration of the Rights of the Child, which was adopted by the United Nations. Whether you support an NGO, volunteer for a small children’s relief center, or seek to learn about children’s rights, it is Jebb’s lifelong contribution to the field that influences it.

The work of Eglantyne Jebb

Jebb pioneered the formal cause of children’s rights after seeing millions of suffering children in the wake of World War I. With a definitive stance to “claim certain rights for children”, she wrote the Geneva Declaration of the Rights of the Child, which is now the basis of the UN Convention on the Rights of the Child (UNCRC). Her vision, of no child anywhere in the world exposed to hunger or hardship, is soon becoming a reality. Bal Raksha Bharat (also known as Bal Raksha Bharat), India’s leading independent child rights organization has provided access to education, nutrition, healthcare, and emergency relief, as well infrastructure for equal opportunities to lakhs of Indian children across 20 Indian states since 2008. The organisation does this through on-ground action, campaigning and advocacy, and policy influence. Child rights NGO Bal Raksha Bharat’s association with India was forged with Mahatma Gandhi’s signature on Eglantyne Jebb ‘Declaration of the Rights of the Child’ in 1931. Today, lakhs of Indians donate online to fight against the evils that stand to harm children.

Understanding Child Rights in Indian Constitution

Children’s rights are human rights that are accustomed explicitly to the children needs, wants and overall well-being. They take into account their fragility, specificities and age-appropriate requirements. Children’s rights aim to take into account the necessity of the development of a child.

India, in its bid to become an ethical labour market to international corporations in 1991, ratified the United Nations Convention on the Rights of the Children in 1992. The Convention stems from Jebb’s desire to end the suffering of children, giving them instead a healthy, happy and safe environment that nurtured them physically, mentally, and emotionally. These facets find a strong resonance in the Convention.

Child rights go beyond just human rights, which exist to ensure fair and proper treatment of people across the world, and promote their well-being. Children, defined as any person under the age of 18, need more than just human rights due to a set of unique needs stemming from their vulnerabilities.

Further, the child rights in the Indian constitution as described in the Convention have been summarised into the following fundamentals with references to various articles.

1. The Right to and Identity(Article 7 AND 8)

Children are entitled to a name, legally registered with the government, and a nationality (to belong to a country). Further, they must have the right to an identity, in the form of a public record. This ensures national support, as well as access to social services.

2. The Right to Health (Article 23 AND 24)

Medical care, nutrition, protection from harmful habits (including drugs) and safe working environments are covered under the right to health, and articles 23 and 24 on child rights in the Indian constitution and elaborate on the access to special care and support for children with special needs, as well as quality health care (including drinking water, nutrition, and a safe environment) respectively.

3. The Right to Education (Article 28)

Right to free primary education is critical for helping children develop discipline, life skills while finding a safe and healthy environment to nurture a child’s physiological development. This includes freedom from violence, abuse or neglect.

4. The Right to a Family Life (Articles 8, 9, 10, 16, 20, 22 and 40)

If not family members, then children have the right to be looked after by caretakers. Children must live with their parents until it is harmful to them. However, ‘family reunification’, i.e. permission for family members living in different countries to travel to renew contact between family members is critical. Under the ward of a caretaker or family, they must be provided privacy against attacks on their way of life and personal history.

Children who do not have access to a family life, have a right to special care and must be looked after properly, by people who respect their ethnic group, religion, culture and language. Refugee children have a right to special protection and help. In the case of misdemeanours, children have the right to seek legal counsel under a juvenile justice mechanism, with the fair and speedy resolution of proceedings.

5. The Right to be protected from violence (Article 19 and 34)

Protection from violence extends even to family members, and children must not suffer ill-treatment or sexual or physical violence. This includes use of violence as a means of discipline. All forms of sexual exploitation and abuse are unacceptable, and this Article takes into view the sale of children, child prostitution and child pornography.

6. The Right to an opinion (Article 12 and 13)

All children deserve the right to voice their opinions, free of criticism or contempt. In situations where adults are actively deciding upon choices on behalf of children, the latter are entitled to have their opinions taken into consideration. While children’s opinion may not be based on facts, it is nonetheless an important source of insight for parents, and should be considered. However, this depends on the child’s level of maturity and age. Children have the freedom of expression, as long as they are not harming others with their opinions and knowledge.

7. The Right to be protected from armed conflict (Articles 38 and 39)

Armed conflict converts innocent children into refugees, prisoner, or participants in armed conflicts, and these are all circumstances which contravene with the spirit of War or any armed struggle can severely damage a child’s morale as well as perceptions of ethics, and this must be corrected in a nurturing safe environment. While seeking to rehabilitate children affected by war, the government must also ensure that children are not forced to participate in any armed struggle.

8. The Right to be protected from exploitation (Articles 19, 32, 34, 36 and 39)

As exploitation is usually achieved through violent means, protection from violence is critical for freeing children from exploitation. This extends to abuse, negligence and violence by parents, even if it is justified as an instrument of achieving discipline at home. Further, children cannot be made to work in difficult or dangerous conditions. Children can only volunteer to work doing safe chores that do not compromise their health, or access to education or play. Sexual exploitation, another dimension of exploitation, is also prohibited, as an activity that takes advantage of them. Survivors of neglect, abuse and exploitation must receive special help to enable recovery and reintegration into society. Children also cannot be punished cruelly, even if it is under the ambit of the justice system. Death or life sentences, as well as sentences with adult prisoners, are not permitted.

All children deserve equality, despite their difference. They are entitled to all of these rights, no matter what race, colour, religion, language, ethnicity, gender or abilities define them.

Join us in making a lasting impact on child rights in India by donate for orphanage .

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Oxford Handbook of Child Protection Systems

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Oxford Handbook of Child Protection Systems

36 The Child Protection System in India: An Overview

Sanjai Bhatt, Department of Social Work, University of Delhi, India.

Subhashree Sanyal, Department of Social Work, Visva Bharati University Sriniketan, India.

  • Published: 22 March 2023
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This chapter provides an overview of the Indian child protection system. As most of India’s development initiatives considers the best interests of children, the country has adopted numerous laws and formulated policies to ensure the protection and improvement of children’s situation. The Juvenile Justice Act is comprehensive legislation focusing on children in need of care and protection, and children in conflict with the law. The chapter also notes how the definition of a child is mostly based on age, which is all people below eighteen years old. Thus, the definition does not refer to the context and experiences associated with childhood, which could be treated as a social construction.

India is a country with the largest child population in the world. As children are at the center of most of the development programs, every initiative takes into consideration the best interest of the child. India has adopted a number of laws and formulated a range of policies to ensure the protection and improvement of children’s situations. Amongst all these laws, the Juvenile Justice (Care and Protection of Children) Act, 2015 is comprehensive legislation that deals with two major aspects: children in need of care and protection, and children in conflict with the law. The Act was introduced to enable the processes and systems to become more child friendly and sensitive to the needs and rights of children. The term “child friendly” implies physical space provided, language used, accessibility of child welfare policies and programs, quality of intervention, procedures followed, access to legal aid and respecting the wishes of the child, and so on. Children are the most important asset of any nation and need to be nurtured in a dignified manner where they are protected and have access to all their entitlements for their overall development. It is because of this fact that they are also more vulnerable to abuse, exploitation, and violence. The Juvenile Justice Act was initially passed in 1986 (herein after referred to as the JJ Act) as a progressive piece of legislation that provides for proper care, treatment, development, and rehabilitation of the most vulnerable children of our society, including children in conflict with the law and children in need of care and protection.

The term “child protection” refers to preventing and responding to violence, exploitation, and abuse against children—including commercial sexual exploitation, trafficking, child labor, and harmful traditional practices, such as child marriage ( UNICEF, 2018 ). Child protection programs also target children who are uniquely vulnerable to these abuses such as when living without parental care, in conflict with the law, and in armed conflict. Violations of the child’s right to protection take place in every country and are massive, under-recognized, and under-reported barriers to child survival and development, in addition to being human rights violationsChild protection is a tool that protects both children and staff by clearly defining what action is required to keep children safe and ensuring a consistency of behavior so that all staff follows the same process. Millions of children are not fully protected. Many of them deal with violence, abuse, neglect, exploitation, exclusion, and/or discrimination every day. Such violations limit their chances of surviving, growing, developing, and pursuing their dreams.

“Child” in the Indian Context: The Dilemma of “Age”

Starting from the Indian Majority Act, 1875 which laid down the age of majority as 18 years and meant by implications that a person below 18 years is a child, a majority of laws have attempted to define the term “child” in terms of an age limit. The Child Marriage Restraint Act, 1929 puts this limit at 21 years for males and 18 years for females. The Children (Pledging of Labour) Act, 1933, fixed the age limit to 15 years for the purposes of the Act. The Factories Act, 1948, brought down the age to 14 years and the Apprentices Act, 1961, and the Child Labour (Prohibition and Regulation) Act, 1986, followed suit. However, the Immora Traffic (Prevention) Act, 1986, passed in the same year as the Child Labour (Prohibition and Regulation) Act, lifted the age bar to 16 years. Under pressure from the United Nations Convention on the Rights of the Child, the JJ Act 2001 defined a child as a person younger than 18 years ( Bhatt & Jha, 2006 , p. 114).

It has to be highlighted that age-based definitions for “child” do not take into account the “context and experiences” associated with childhood ( Norozi & Moen, 2016 ). Several scholars have opined that childhood can be treated as a social construction that is open to cultural and historical change and interpretation (Qvortrup, 1984; James & Prout, 1997 ). In India, while chronological age is used to define a “child” for all legal purposes, census enumeration, and implementation of government programs, the notion of a “child” varies across different communities in the country and is shaped by local customs and beliefs. In most rural and urban communities, the onset of menarche marks the end of “childhood” for girls. In the case of boys, it is the appearance of visible secondary sexual characteristics. It has also been observed that in most Indian patriarchal societies a male child is treated by his parents, specifically by his mother, as a “child” even after the appearance of secondary sexual characteristics.

The population of children in India (0–17 years) is estimated at 452 million ( UNICEF, 2016 ). This constitutes 35% of the country’s total population. Out of this population, about 52.4% are male and 47.6% are female. Further, with 19% of the world’s children living in India, the country is also home to the largest number of children in the world ( NIUA, 2016 ). The Working Group on Development of Children for the Eleventh Five Year Plan (2007–2012) has reported that “nineteen per cent of world children live in India. India is home to more than one billion people, of which 42 per cent are children, defined as persons under 18 years of age. In international comparisons of the status and condition of children, India continues to rank poorly on several key counts. The world tenth largest economy unfortunately ranks 127 on the Human Development Index (HDI). If all child rights indicators were to become a critical measure for HDI, India would fare even worse, because of its low levels of achievement on accepted national goals for the survival, development and protection of its children” ( Government of India, 2010 ).

Children in India: Issues and Challenges

In the present context in India, children are in several difficult circumstances and are vulnerable to the situations in their environment which include female feticide, crimes against children, juvenile delinquency, abandoned children, and disaster affected children. The relevant causes of these vulnerable situations include poor households without family income; children denied educational opportunities and forced into labor, abused/trafficked children, children on the streets, children affected by substance abuse, by armed conflict/civil unrest/natural calamity, and so on. Hence, protection of these children is one of the main concerns ( UNICEF, 2011 ). While protection is a right of every child, some children are more vulnerable than others and need special attention. The government recognizes these children as “children in difficult circumstances,” characterized by their specific social, economic, and geopolitical situations. There are various categories and subcategories of children who are in need of care and protection as well as children in conflict with the law, only children belonging to some extreme forms are explained in detail. However, it does not mean that children in other categories are not important.

Juvenile delinquency:

Juvenile crimes (under the Indian Penal Code (IPC) have shown rising trends in India as the number of cases registered against juveniles has gone up from 18,939 in 2005 to 31,396 in 2015 (NCRB, 2016). Children are found involved in petty as well as heinous crimes. Their involvement in crimes of a non-serious nature such as theft, burglary, and snatching, to serious crimes such as robbery, dacoity (gang robbery), murder, and even rape is on the rise across the country. All these types of crimes are also being committed by children below the age of 18 years. The major crimes committed by juveniles in 2014 were theft (20%), rape (5.9%), grievous hurt (4.7%), and assault on a woman with intent to outrage her modesty (4.7%). Following a shameful case of gang rape in 2012, the JJ Act was amended for juveniles 16 years or older to be tried as adults for heinous offenses. Heinous offenses are those which are punishable with imprisonment of seven years or more. From 2003–2013 there was a substantial increase in other crimes by children. The increase has been in the age group of 16–18 years, with a substantial decrease among younger children. The major causes of such an increase may be due to lack of employment, leading to frustrations gradually increasing in India ( Wani, 2014 ). According to Times of India- a National daily, Cases against 3.1 percent of juveniles apprehended and produced before various juvenile boards in 2014 were disposed of with fine, while 5.8 percent were acquitted. No more than 14.4 percent were sent to special homes last year. Interestingly, the low figure is despite the fact that 73.7 percent of the juvenile offenders arrested under IPC last year were aged between 16 and 18 years ( TOI, 2015 ).

Child marriage:

Child marriage is one of the major issues of child protection along with teenage pregnancy. Both deprive children of all their rights, denying them the opportunity to develop into fully empowered individuals. These harmful social practices are very often cited as a prime cause for high maternal and infant mortality and inter-generational cycles of malnutrition. In India, about 43% of women are married before attaining the age of 18 years. The rural–urban difference is very significant; 48% of women in rural areas are married before attaining the legal age of 18 ( UNICEF, 2011 ). However, it is a matter of great satisfaction that the incidence of child marriage has declined barring two states (Himachal Pradesh and Manipur), which means that efforts of better education, awareness, and empowerment are ensuring results. Most child marriages result in teenage pregnancy due to societal pressure and a lack of knowledge of family planning. Almost one in three girls who get married between 15 and 19 years have babies while they are still teenagers themselves. Almost a quarter of them had a child by age 17, and 31% by age 18. More than a quarter (27.3%) of married teenage girls have given birth to one child while 4.2% of married girls have two or more children ( NCPCR, 2018 ).

Child labor:

There are 33 million child laborers between the ages of 5 and 18 years in India and 10.13 million between the ages of 5 and 14 years, as per the 2011 census. Figures from different stakeholders vary. Non-government organizations working in this field give an estimate of 60 million child laborers. As per the Census of India, the marginal workers (who had worked for less than six months during the major part of the reference period) contribute 63% of the total child labor while the rest (37%) is being contributed by main workers (who had worked for six months or more during the reference period) ( Prognosys, 2012 ). UNICEF states that 12.66 million children are engaged as child laborers in different activities such as domestic workers, pan (a dessert sweet), bidi (cigarette making and selling), spinning, and weaving ( UNICEF, 2011 ). The recent round of the National Sample Survey (NSSO) suggests that child labor in the country is around 8.9 million in 2004/2005 with a workforce participation rate of 3.4% ( Progynosys, 2012 , p. 10). The world’s largest democracy is yet to ratify the Minimum Age Convention, 1973 (No. 138) of the International Labour Organisation (ILO), which lays down ground rules for employment of minors across the globe. Another NGO, Action Aid India, has claimed that one in every 11 children in India works to earn a living.

Child sexual abuse:

Child sexual abuse is another major modern-day crime against children. Cases registered for child sexual abuse rose from 8904 to 14,913 from 2014 to 2015. A total of 33,098 cases of sexual abuse of children were reported in the nation during the year 2011 when compared to 26,694 reported in 2010, an increase of 24%. A total of 7,112 cases of child rape were reported during 2011, a 30% increase from the previous year ( Government of India, 2007 ). The researchers from the University of Barcelona have analyzed 65 research studies across 22 countries to estimate an “overall international figure” for such abuse. The study found that an estimated 7.9 per cent of men and 19.7 per cent of women globally experienced sexual abuse prior to the age of 18’s authors note that “the studies all agree that child sexual abuse is a much more widespread problem than previously estimated … and even the lowest prevalence rates include a large number of victims who need to be taken into account…. Indeed, research confirms the importance of the problem among both men and women in all the countries studied” ( Whibey, 2011 ).

Child Trafficking:

Information from the National Crime Data Bureau (NCRB) shows 5,466 incidents of crime relating to human trafficking in 2014 compared to 3,940 during the year 2013. The country has made effective laws and efforts to check trafficking of children.

Missing children:

The definition of a missing child as mentioned in the Standard Operating Procedure for handling cases of missing children issued by the Ministry of Women and Child Development and the CHILDLINE foundation, says that “a child whose whereabouts are not known to the parents, legal guardian or any other person or institution legally entrusted with the custody of the child, whatever may be the circumstances or causes of disappearance, and shall be considered missing and in need of care and protection until located or his safety and wellbeing established.” According to figures from India’s National Crime Records Bureau (NCRB), one child goes missing in the country every eight minutes and 40% of these children are never found. In reply to a question, India’s Minister of State for Home Affairs said in the parliament’s upper house that 60,000 children had been reported missing in the country in 2011, an increase from 44,000 in 2004. A good number of the lost children end up as prostitutes and bonded laborers or join the homeless population in big cities. They are prone to high chances of being trafficked or kidnapped for various purposes like prostitution, organ trade, slavery, beggary, or labor, and thus are at very high risk of being subjected to exploitation and being forced to be part of chains of organized and unorganized crimes. Since most of these children belong to families with a very weak socioeconomic background, their parents lack the resources to help them trace their children on their own and hence seek help from governmental or non-governmental organizations to trace them. The National Human Rights Commission (NHRC) has constituted a committee on Missing Children, after the infamous Nithari incident of missing children, under the Chairmanship of its member P C Sharma on 12 th February 2007, to examine the issue of missing children in depth and to evolve simple, practical guidelines so that appropriate recommendations. The Committee has made several observations. One of the observations worth mentioning is a veritable black hole in law enforcement. The Committee reported that “not much has been achieved to protect the rights of children in the last 60 years. The world of missing children is unknown and there is no proper study or research on this issue. Even today the exact figures of missing or traced children are not available. The existing legislation requires the State and district authorities to periodically carry out inspections/surveys of places where children are employed to identify missing children and those engaged in bonded labor/child labor. This task has remained a low priority area” (NHRC, n.d., pp. 37–38).

Considering the enormity of the problem, especially in an under-developed country like India, where more than half the population belongs to socioeconomically weaker sections and numerous other challenges, the care and protection of missing children is a serious challenge. Finding a suitable solution is a distant dream in the absence of strong legal backup, swift police action, proper networking between responsible institutions, and inadequate data.

Legal Environment for Protecting Children in India

The Constitution of India, which came into force in 1950, is the supreme law of the country. It has several provisions which address the special needs of children. Part III of the Constitution contains the “Fundamental Rights” (Articles 12–35), which are the legally enforceable rights guaranteed to all citizens. Article 15(3) of the Constitution of India indicates that states must make special provisions for children. In addition to the fundamental rights guaranteed to the children as citizens of the country, Article 21A was inserted by the Constitution’s 86th Amendment Act, 2002, to provide free and compulsory education to all children in the age group of 6 to 14 years as a Fundamental Right in such a manner as Statetate may, by law, determine. Article 24 of the Constitution states that “No child below the age of 14 years shall be employed to work in any factory or mine or engaged in hazardous employment.” Part IV of the Constitution contains the “Directive Principles of State Policy (DPSP)” (Articles 36–51). While these guidelines are legally not enforceable, they are referred to for promulgating legislation and formulating policies for the country. Article 39 asks the state to direct its policy towards securing (among other things), that children are not abused; not forced by economic necessity to enter avocations unsuited to their age or strength; and that they are given opportunities to develop in a healthy manner and conditions of freedom and dignity, protected against moral and material abandonment. Article 39(e) and (f) of the DPSP states that the state “shall, in particular, direct its policy to ensure that towards securing that the health and strength of workers, men and women, and the tender age of children are not abused.” In the Indian constitution, “to provide opportunities for education by the parent or guardian, to his child, or a ward between the age of 6–14 years as the case may be” has been accepted as a fundamental duty of a citizen (Article 51A (k)).

Efforts at the international level have reinforced and re-strengthened our commitment. The United Nations Convention on the Rights of the Child (CRC) is one of the major conventions which is universally accepted by the nations of the world, and the CRC covers the whole range of human rights. It also sets standards for three other international instruments for dealing with juvenile justice: the Beijing Rules (1985), the Riyadh Guidelines (1990), and the Havana Rules (1990). Thus, by becoming a part of the treaty, the state is bound to fulfill all the duties and provisions set out in the conventions ( Plan International, 2003) . Fortunately, the CRC provided a system for Juvenile Justice which India ratified in 1992 and consequently amended three times (in 2000, 2006, and 2015). The JJ Act hence focuses on protecting the rights of children in conflict with the law and in need of care and protection and ensuring the best interests of children ( UNICEF, 2011 ).

The JJ Act, 2000, amendment stated that individuals below the age of 18 years who commit heinous crimes (rape, murder, assault) are to be tried as juveniles and sent to a Juvenile Justice Board. If they are found guilty, they will be placed in a place of safety and sent for rehabilitation for three years. As stated previously, the JJ Act was amended in 2015 to indicate that individuals between 16 and 18 years committing serious or heinous crimes will be tried as adults. Heinous offences include a minimum punishment of imprisonment for seven years or more; serious offences call for three to seven years of imprisonment. Juveniles cannot be inflicted with life imprisonment or the death penalty. The board, aided by a team of experts, determines on a case-by-case basis whether youth will be tried as an adult or child based on an assessment of the mental state of the accused. Delinquent juveniles may be sent to a children’s home or tried as an adult ( Goel, 2015 ). Most often, the police are the first point of contact for children in difficult circumstances. Keeping in view the significant role of the police, the Act mandates that the state governments have to create a Special Juvenile Police Unit in every district of the state. The Act further requires that such police officers who frequently or exclusively engage with children or are primarily engaged in the prevention of offences committed by children go through special training, instruction and orientation on how to deal with such children in a child-friendly manner. The Act also proposes that at every police station, at least one police officer shall be designated as the “Juvenile or Child Welfare Officer” to deal with children and coordinate with others.

In the past 15 years, India has added a few other important pieces of legislation to protect children. The Child Labour (Prohibition and Regulation) Act, 1986, prohibits the employment of children below the age of 14 years in 13 occupations and 57 processes that are hazardous to the lives and health of the children. Under the new Section 370, trafficking of persons for physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, and the forced removal of organs is prohibited ( Vidushy, 2016 ). New legislation, the Prohibition of Child Marriage Act (2006), declares that child marriage is voidable and the law gives power to the child to nullify the marriage within two years after attaining majority. In such cases, the husband has to pay the maintenance for the girl/woman until her remarriage from the male contracting party or his parents. To stop child sexual abuse, the country has promulgated new legislation—the Protection of Children from Sexual Offences (POCSO) Act (2012)—which provides protection for children from the offences of sexual assault, sexual harassment, and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation, and speedy trial of offences through designated Special Courts. Above all, India has accepted education as a fundamental right and brought the Right to Education Act (2009), which provides compulsory and free education for all children aged 6–14 years. This act is being implemented across India except in Jammu and Kashmir. This act includes free education, and all basic amenities in school along with the mid-day meal in schools ( Government of India, 2009 ). The act ensures that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. The act also ensures the child will be admitted in the class appropriate to his or her age. A requirement of the birth registration certificate is required for the proof of age for admission, and the child is awarded a certificate at the completion of elementary education. Another important feature of this act is also improving the quality of education and the infrastructure of schools.

Policy Framework on Child Protection in India

Since independence, the government has focused on children and their welfare. From child welfare to child rights, children in India have received adequate attention in the constitution and remained part of planned program development. We can see a gradual transgression from corrective to more right-based approach of child protection in India.

Children in Five-Year Plans

The government of India has, every five years, developed a new plan to address the needs of children. These five-year plans were initiated in 1952 and continued until 2015, when their main body was revamped as the National Institution for Transforming India in place of the Planning Commission. From the first five-year plan (1951–1956), which identified health, nutrition, and education as major areas of concern with regard to children, it has met several milestones in the last seven decades, such as:

strengthening the child welfare system (1956–1961);

coordinated welfare extension projects (1958);

the Children’s Act in 1960;

nutrition programs (1959);

the national education policy in 1968;

the National Policy for Children in 1974;

the Special Nutrition Programme;

the Balwadi Nutrition Programme;

the prophylaxis scheme against blindness due to vitamin A deficiency among children of 1969–1974;

the shift from child welfare to child development in 1974–1979;

the Integrated Child Development Scheme (ICDS) in 1975;

the scheme of Crèches/Daycare Centers for Children of Working and Ailing Mothers;

the setting up of the National Children’s Fund in 1979;

emphasis on the needs of working children in 1980–1985;

the formulation of the Indian National Code for Protection and Promotion of Breast Feeding in 1980–1985;

the establishment of the Department of Women and Child Development in the Ministry of Human Resource Development in 1985;

the Juvenile Justice Act in 1986;

the National Child Labour Project in 1987;

setting up of the Central Adoption Resource Agency in 1990;

ratification of the first comprehensive convention for child rights (UN Convention on the Rights of the Child);

the National Plan of Action for the Girl Child in 1992, and to address the plight of the girl child, the declining sex-ratio as well as female feticide and infanticide.

In the field of health, the government introduced the Reproductive and Child Health Program (RCH). The JJ Act was significantly amended to welcome the new century. In the field of education, the government launched Sarva Shiksha Abhiyan (SSA) in 2001–2002. In the 10th five-year plan (2002–2007), the approach shifted to a right-based one ensuring the survival, development, and protection of children. During this period, the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was amended in 2003 to further address the problems of female feticide and infanticide. The scope of existing schemes such as ICDS, universal immunization, Sarva Shiksha Abhiyan, and a few others was expanded. Major accomplishments have been a constitutional amendment making the right to education a fundamental right, the revision of the National Health Policy to take into consideration more recent health concerns like HIV/AIDS and the amendment of the JJ act, and the adoption of the Goa Children’s Act of 2003. The 11th five-year plan (2007–2012) clearly stated that “Development of the child is at the centre of this Plan.”

There were four key areas in the National Plan of Action for Children: ICDS, Early Childhood Education, Girl Child, and Child Protection. The 11th plan recognizes the need for child protection programs and initiatives. According to the MWCD report the eleventh plan’s idea of child protection is very limited and does not cover all commitments of NPAC. The Ministry is committed to strengthening the justice delivery mechanism to comprehensively address child sexual abuse, trafficking, and violence against women and children ( Ministry of Women and Child Development, 2012 ). The Integrated Child Protection Scheme (ICPS)—with the aim to provide care, protection, and a safe and secure environment for children in conflict with the law as well as children in need of care and protection—was launched in last plan period. It focuses on the effective implementation and consolidation of the scheme and worksto promote quality non-institutional care, professionalized institutional support, the expansion of Child Line, and the development of a credible database on missing children and those in difficult circumstances. With the inception of NITI Ayog in 2015, to achieve Sustainable Development Goals and cooperative federalism, the government has developed 15-year road maps of forward development.

National Policy for Children, 2013

On April 18, 2013, the Union Cabinet approved the National Policy for Children to help in the implementation of programs and schemes for children all over the country. The policy gives utmost priority to the right to life, health, and nutrition, and also gives importance to development, education, protection, and participation. Through this policy the state is committed to take affirmative measures—legislative, policy, or otherwise—to promote and safeguard the right of all children to live and grow with equity, dignity, security, and freedom, to ensure that all children have equal opportunities; and that no custom, tradition, cultural, or religious practice is allowed to violate or restrict or prevent children from enjoying their rights.

The National Policy for Children, 2013, recognizes that a child is any person below the age of 18 years, childhood is an integral part of life with a value of its own, and children are not a homogenous group and their different needs require different responses, especially the multi-dimensional vulnerabilities experienced by children in different circumstances. A long-term, sustainable, multi-sectoral, integrated, and inclusive approach is necessary for the overall and harmonious development and protection of children. The policy reaffirms that every child is unique and a supremely important national asset; as such, special measures and affirmative action are required to diminish or eliminate conditions that cause discrimination. All children have the right to grow in a family environment, in an atmosphere of happiness, love, and understanding, and families are to be supported by a strong social safety net in caring for and nurturing their children. The key priorities of the policy are survival, health and nutrition, education and development, protection, advocacy and partnerships, coordination, action and monitoring, research, documentation and capacity building, and resource allocation.

National Plan of Action for Children, 2005

The National Plan of Action for Children (NPAC), 2005 is by far the most comprehensive planning document concerning children. It clearly outlines goals, objectives, and strategies to achieve the objectives outlined and recognizes the needs of all children up to the age of 18. It is divided into four basic child right categories as per the United Nations Convention on the Rights of the Child: child survival, child development, child protection, and child participation.

Child survival first refers to child health. The plan outlines goals to reduce children’s risk of contracting malaria, tuberculosis, and cholera, and exposure to HIV/AIDS, and to provide them with full immunization, access to quality health care, water, food, and sanitation. The goal is also to reduce the poor health indicators in the infant mortality rate, child mortality rate, and neonatal mortality rate. In order to do this, services need to provide mothers with adequate pre-natal medical attention and nutrition, encourage safe birth practises, encourage breast feeding as essential to having healthy babies, cover all children and women within the reproductive age with necessary immunizations, ensure proper coverage of all families under the Integrated Child Development Services (ICDS) scheme, educate communities about proper infant care, universalize use of oral rehydration to prevent dehydration in children, make efforts to detect and treat all diseases such as malaria and Dengue, take steps to prevent mother–child transmission of HIV/AIDS, and provide children with the necessary care and medication to fight infections and disease.

The second aspect of child survival is maternal health which is to be achieved by improving anaemia in mothers and girls, generating awareness about maternal health practices and child spacing, preventing and treating sexually transmitted diseases and infections, and ensuring that health centers are fully equipped to handle the needs of mothers and offer appropriate referrals. The third aspect of child survival is nutrition to be achieved by promoting breast feeding and prohibiting milk substitutes for infants, conducting constant screening of children to ensure they are not underweight; and by empowering families with information about child nutrition and making low cost complementary food products. It is also important to address anaemia and vitamin A deficiency, and address macro and micro malnutrition via midday meal and public distribution food systems. In order to provide enough water for all, there is a need to begin water conservation practices such as rain water harvesting, and recycling and reusing water.

The National Plan of Action for Children also focuses on child development, with an emphasis on the development of pre-school centers and crèches, promoting community-based initiatives, and creating awareness regarding birth registration and good parenting skills. The Plan also aims to promote equality and special opportunities for the girl child, including survival, development and protection, elimination of sex selection and child marriage, protection against sexual and non-sexual abuse, protection from neglect, the breaking down of gender stereotypes, and increasing access to education facilities. Some of the strategies outlined in the plan for the girl child are advocacy through social, political, and religious leaders and well as the government, proper enforcement of laws, support of non-government organizations and initiatives, and monitoring clinics to ensure that diagnostic tests are not being run illegally. The primary concerns with adolescents are child marriage, STDs, higher education curriculum, protection from exploitation, and providing rehabilitation and support programs so that they grow into responsible and aware citizens. This age group especially requires support and counseling services.

The Plan for Child Development also relates to children with disabilities. The aim is to reduce the risk of living with a disability by taking preventive measures during pregnancy and right after birth, providing disabled children with facilities that will ensure their mental and physical development, and providing help for children with disabilities to participate fully in society. Children, like all other human beings, are connected to the environment. In order to safeguard natural resources for our children the plan outlines the need to create recreational spaces for children, prevent toxic and harmful effects on the natural environment, use sustainable forms of production and energy, encourage children’s understanding of their own surroundings, and ensure better sanitation and hygiene in communities. Finally, one of the most important aspects of child development is education. The plan discusses the importance of increasing access to public education for children with disabilities, girls, and children living in remote areas, improving infrastructure of schools, improving the quality of education, providing teachers with the correct training, reducing school drop-outs, supporting marginalized groups of society, establishing counseling services in school, and providing children with healthy midday meals.

The National Plan for Child Protection covers six main areas: children in difficult circumstances, children in conflict with the law, sexual exploitation and child pornography, child trafficking, combating child labor, and children affected by HIV/AIDS. Children in difficult circumstances require protection from exploitation, abuse, and neglect. The aim is to protect vulnerable groups by providing them with the proper facilities and services according to their needs. While keeping the best interest of the child in mind, the services should reunite families, rehabilitate and reintegrate children into society, and then provide for special needs of children with disabilities, homeless children, street children, destitute and orphan children, and so on.

Integrated Child Protection Services (ICPS) in India

Child protection is an integral part of programs, strategies and plans for achieving the millennium development goals as well as sustainable development goals. The issue of child protection is a complex subject and needs a comprehensive and multi-pronged approach. Children have manifold needs starting from health, nutrition, care, protection, development, education, love, affection, and recreation. Some children, like those affected by HIV/AIDS or disabilities, have special needs that should be taken care of. Apart from these, children either in conflict or contact with the law have additional needs that require interventions from the police, judiciary, and local level institutions like Panchayati raj institutions, urban local bodies, and local administration. ICPS is a centrally sponsored program and is implemented through the State Governments or Union Territories (UT) Administrations with the bulk of financial assistance from the central government.

The scheme primarily aims to institutionalize essential services and strengthen structures for emergency outreach, institutional care, family and community-based care, counseling, and support services at the national, regional, state, and district levels. The scheme aims to create a database and knowledge base for child protection services, including a MIS and child tracking system in the country for effective implementation and monitoring of child protection services, undertake research and documentation, strengthen child protection at the family and community level, create and promote preventive measures to protect children from situations of vulnerability, risk and abuse, raise public awareness, educate the public on children’s rights and protection, on situations and vulnerabilities of children and families, on available child protection services, and on schemes and structures at all levels.

The ICPS is based on 10 guiding principles, which include: the components of child protection; a primary responsibility of the family; the support of community, government, and civil society; loving and caring family, the best place for the child; privacy and confidentiality; non-stigmatization and non-discrimination; child-centered planning and implementation; good governance; accountability; and responsibility. Various approaches are used like prevention through outreach programs to identify and support vulnerable families and to promote family-based care, including sponsorship, kinship care, foster care, and adoption. Partnerships, information sharing, and strategy building between government structures and civil society are encouraged through regular training and capacity building. Monitoring and evaluation also occur through a child protection data management system and other strategies to monitor outcomes.

The ICPS scheme targets children in need of care and protection and children in conflict with the law either as victims or as a witness or due to any other circumstance. It intends to provide preventive, statutory care and rehabilitation services to any other vulnerable child including, but not limited to: children of potentially vulnerable families and families at risk, children of socially excluded groups like migrant families, families living in extreme poverty, scheduled castes, scheduled tribes and other backward classes, families subjected to or affected by discrimination, minorities, children infected and/or affected by HIV/AIDS, orphans, child drug abusers, children of substance abusers, child beggars, trafficked or sexually exploited children, children of prisoners, and street and working children. The Government of India has shouldered the primary responsibility for the development and funding of the scheme as well as ensuring flexibility by cutting down rigid structures and norms. The IPCS scheme is depicted in Table 36.1 .

ICPS is implemented by the State Child Protection Society (SCPS) and District Child Protection Units (DCPUs). A State Adoption Resource Agency (SARA) functions as a unit under the SCPS. The Structure of the District Child Protection Unit is as shown in Figure 36.1 .

The SCPS follows national and state priorities, rules, and guidelines. The Central Adoption Resource Agency (CARA) was set up to function as the Central Authority in all matters concerning adoption and to implement various provisions of the Hague Convention on Inter-country Adoption 1993 regarding rights, safeguards, and procedures involving children who are orphaned, abandoned, or surrendered. CARA functions as an advisory body and think-tank for the Ministry of Women and Child Development (MWCD).

The MWCD implements the ICPS at its Child Welfare Bureau, whose responsibilities include: formulation of policies and legislation for children; advocacy for effective implementation of policies, programs, and services for children; ensuring implementation of various international norms and standards related to children; and representing the Government of India at various national and international child related forums. The implementation of a scheme as large and comprehensive as ICPS requires a fully-fledged, dedicated, and professionally equipped team working closely with state governments and other stakeholders to ensure the successful and speedy implementation of this massive task. The scheme is implemented on a cost sharing basis between centers and states/NGOs.

The ICPS has significantly contributed to the realization of government/state responsibility for creating a system that will efficiently and effectively protect children. It has strengthened prevention of children’s rights violations, enhanced infrastructure for protection services, provided financial support for implementation of the JJ Act 2000, increased access to a wider range and better quality of protection services, and increased investment in child protection, and is continuously drawing focus to the rights of all children to be safe. Based on the cardinal principles of “protection of child rights” and “best interest of the child,” ICPS is achieving its objectives to contribute to improvements in the well-being of children in difficult circumstances, as well as to the reduction of vulnerabilities to situations and actions that lead to abuse, neglect, exploitation, abandonment, and separation of children from their families.

Structure of child protection unit at district level

Role of Non-Government Sector in Child Protection

NGOs are working in the field of child development and are providing direct services in health, hygiene, education, care, protection, awareness, research, and advocacy. While some NGOs work in close collaboration with government, international agencies, international NGOs, or donor supports, there are many working without any support. The government has promoted the voluntary sector through its national policy, which is a commitment to encourage, enable, and empower an independent, creative and effective voluntary sector, with diversity in form and function, so that it can contribute to the social, cultural and economic advancement of the people of India ( Government of India, 2007 a ). It intends to create an enabling environment for voluntary organizations that stimulates their enterprise and effectiveness and safeguards their autonomy. The emphasis is on partnership between the government and the voluntary sector.

ICPS is an ambitious scheme which seeks coordination of all departments and ministries and NGOs involved. Despite insistent attempts to implement a pro-child rights policy environment, India still needs the support of civil society, and concerned citizens to help children. At every stage, India’s children face difficult challenges. The voluntary sector has made a robust contribution in implementing schemes/programs for children, improving the working environment, pointing out deficiencies and bottlenecks, and advocating for rights and values for children’s well-being. The voluntary sector has tirelessly provided on-ground support and activism while working with officials in realizing goals—be it ICDS, midday meals, immunization, polio drive, education, or protection against exploitation, vulnerabilities, and child abuse. The NGO-DARPAN started out as an initiative of the Prime Minister’s Office, to create and promote a healthy partnership between VOs/NGOs and the Government of India. The portal is managed at present by NITI Aayog. On this portal, there are 69,795 registered NGOs and 25,071 NGOs are solely dedicated for children. ( NITI Ayog, 2019 ). These NGOs work hand in hand with the government in pursuit of a better world for the society. Some notable NGOs working for the welfare, development, and protection of children are Child-Line India—a 24-hour helpline—SOS Villages of India, Save the Children, Child Rights and You (CRY), Pratham, Plan India, Bachpan Bachao Andolan, the Kailash Satyarthi Foundation, the Akshay Patra Foundation, and Smile Foundations Teach for India, among many more.

Under the ICPS scheme, the role of civil society as stakeholders has been highlighted. They are to provide vibrant, responsive, and child-friendly services for detection, counseling, care, and rehabilitation for all children in need, and to raise awareness, capacity development, innovations, and monitoring. The media and advocacy groups are to promote rights of the child and child protection issues with sensitivity and sustain a media discourse on protection issues. The corporate sector should partner with government and civil society initiatives under the scheme, financially support child protection initiatives, and contribute to government efforts to improve the situation of children of India by adhering to the laws pertaining to child protection. Community groups and local leaders, volunteers, youth groups, families, and children should provide protective and conducive environments for children, to act as a watchdog and monitor child protection services by participating inter alia in the village and block level child protection committees.

The ministry is implementing the ICPS under which financial assistance is provided to State Governments/UT Administrations for setting up and managing childcare institutions (CCIs) by themselves or in association with voluntary organizations/NGOs. There are 1,626 institutional homes, 306 open centers, and 351 specialized adoption agencies supported under ICPS for care and protection of children. The primary responsibility of maintaining the CCIs rests with the states/UT Administration. From time to time, the ministry has requested the state Governments/UT Administrations to identify and register all CCIs under the provisions of the JJ Act, 2015 so as to ensure that minimum standards of care can be maintained. Under Section 41 of the Act, registration of CCIs has been made mandatory with penalties in case of non-compliance. Under Section 54 of the Act, state governments are required to appoint inspection committees for the state and district for mandatory inspection of all facilities housing children, at least once every three months ( Ministry of Women and Child Development, 2017 ).

HAQ – Centre for Child Rights, a leading NGO, made an analysis of the Union Budget 2018–2019 for children. It presented an interesting analysis that “India is one of the world’s youngest countries with the largest young population with significant 37% belong to the age group of 0–18 years. Children, in the Union Budget 2018–2019, received only 3.24% of the total financial resources, a decline of 0.08 percentage points from the 2017–2018 budget, despite the government adopting the National Plan of Action for Children in the year 2016 with specific goals and strategies to meet its commitment to India’s children.” Child Protection Services has received Rs 108.333 billion in this budget. Mentioning the Economic Survey 2018, HAQ’s report on its budget analysis has pointed out that “the rationalization, restructuring and continuation of four child centric schemes such as: Anganwadi Services (in place of ICDS); Scheme for Adolescent Girls (SAG) (in place of SABLA); Child Protection Services (in place of ICPS); and National Crèche Scheme (in place of Rajiv Gandhi National Crèche Scheme) of the Ministry under the “Umbrella Integrated Child Development Services” Scheme has been approved by the Government. These four schemes combined together have sought Rs 413.537 billion. As per the government’s own projection, more than 110 million children, pregnant women and lactating mothers, and adolescent girls will benefit through this scheme ‘ ( HAQ, 2018 ).

Under corporate social responsibility program, which had funds for Rs 240 billion, there are a good number of projects for children’s well-being. NGOs are therefore trying to take the initiative by emphasizing the importance of education to children and communities; working to establish “safe schools” that do not discriminate on gender, caste, or socioeconomic background; creating inclusive Learner Friendly Environments (children aged 3–18 years); pushing for a financial framework supporting the Right to Free and Compulsory Education Act, 2009 ; creating fun school environments, using child-friendly and interactive methods; driving funding for libraries, computers, sports equipment, and mobile learning centers; bringing out-of-school children back to the classroom; and bringing street children and child laborers back to school.

Through awareness campaigns on nutrition and essential healthcare, NGOs like Save the Children have reduced newborn and child deaths ( Save the Children, 2016 ). The NGO programs are closely linked with the ICDS Scheme, the Department of Health and Family Welfare, and Panchayat raj institutions, through whom it pushes for better policies and their implementation. Additionally, it provides on-the-ground assistance to community healthcare workers so they can help mothers, newborns, and pregnant women. Communities are educated about the importance of natal checkups, hospital deliveries, breastfeeding, and access to nutrition. Malnourished mothers and children are provided cooking demonstrations as well as health camps. In disaster situations, the NGO generates massive fundraising to provide non-stop aid to communities. It does so by reaching out to millions who support NGO rescue operations at such adverse times.

Dealing with Child Abuse

India has two strong legislations—the JJ and POCSO Acts—to deal with child abuse and child sexual abuse along with the Indian Penal Code. In 2012, the POCSO Act was established to protect children against offences like sexual abuse, sexual harassment, and pornography. It was formed to provide a child-friendly system for trial under which perpetrators could be punished. India has laws pertaining to child physical abuse, including parents physically hurting children. The JJ Act, 2016, is the comprehensive legislation that also deals with child physical abuse by parents. Though the primary responsibility for safety, security, and providing a conducive environment to children for their development lies with the parents, the law does not spare even parents who cause hurt to and abuse their own children. Such children, who have been physically abused by parents, come in the category of children in need of care and protection. The incidents of child physical abuse by parents are dealt by the Child Welfare Committees (CWCs) established under the JJ Act. Chapter V of the legislation contains the detailed procedure about the formation of CWCs, and their procedures, powers, functions, and responsibilities. The specific sections of the Act pertaining to CWCs are sections 27–30.

The child may be produced in front of CWC by any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of a District Child Protection Unit or inspector appointed under any labor law for the time being in force; any public servant; Childline Services or any voluntary or non-governmental organization or any agency as may be recognized by the State Government; a Child Welfare Officer or probation officer, any social worker or a public spirited citizen; by the child himself; or any nurse, doctor, or management of a nursing home, hospital, or maternity home. Also, CWC can take suo motu notice of a child in need of care and protection. Generally, CWCs are involved with cases of a child in need of care and protection, and can take decisions in the best interest of the child who has been physically abused by the parents. CWC actions can include: admonition; conduct inquiry; direct the Child Welfare Officers or probation officers or District Child Protection Unit or non-governmental organizations to conduct social investigation and submit a report before the Committee; ensure care, protection, appropriate rehabilitation, or restoration of a child in need of care and protection, based on the child’s individual care plan and passing necessary directions to parents or guardians or fit persons or children’s homes or fit facility in this regard; select a registered institution for placement of each child requiring institutional support, based on the child’s age, gender, disability, and needs, and keeping in mind the available capacity of the institution; or access appropriate legal services for the child. The CWC makes decisions in the best interest of the child and it may or may not place the child in institutional care arrangements, kinship, or foster care. The CWC is empowered to pass the appropriate orders in respect of the child and can provide custody of the child to any person or agency which ensures the best interest of the child.

The different forms of sexual abuse, like penetrative and non-penetrative assault, sexual harassment, pornography, and so on, are included under the POCSO Act. Under certain specific circumstances POCSO states a sexual assault is to be considered “aggravated when the abuse is committed by a person in a position of trust or authority of the child, like a family member.” It describes strict action against the offender according to the gravity of the offence and it prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life. There are circumstances when children and families are given support and services to change their behaviors or situation. If there is a severe situation the CWC can take children away from parents involuntarily. The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child. Broadly, the welfare of the child includes safekeeping of the child, an ethical upbringing, conditions for imparting a good education, and the guardian’s economic well-being. However, no legal right, preferential right, or any other right holds more importance than the well-being of the child. Any court of law grants custody to that party who can assure the court that the welfare of the child best lies with them. 1 India is not averse to institutional care arrangements and there are thousands of children living in foster care. The promotion of adoption in view of institutional care is also encouraged as CARA is functioning across the country under government directives.

Case Studies from India

Two case studies are provided as representative of the situation of vulnerability and exploitation of children.

Cases of child marriage are still prevalent in India and have been one of the major concerns with respect to health, social, and physiological issues. Thus is one of the case studies of child marriage from the district of Warangal, Telengana state. Mrs. Manga is a resident of village Dammannapet, belonging to the Backward Class—low in the social hierarchy. She was only 10 years old and was studying in primary section along with her two elder sisters who were also victims of child marriage at an early age due to the pressure of their grandparents. At present, she is only 21 years old and a mother of three girls; the family is pressuring her for a male child. She had little knowledge about family life when she got married and always wanted to pursue education but the culture in their community enforced their family members to get their children married off at a very early age. Along with this, she also added that she was a victim of physical and mental harassment both by her husband and in-laws. Thus this picture shows that this is one of the cultures which are still prevalent in India, even in this modern era of the 21st century ( Lal, 2016 ).

This is a case study of an adolescent girl named Nisha Khora aged about 12 years and coming from a scheduled caste background that is an officially designated group of historically disadvantaged people in India, the lowest in the social hierarchy and untouchable. The family of this girl includes three brothers and she is the eldest among her siblings. Both the parents are working, her father works as a coolie, meaning a laborer, sometimes regarded as offensive or a pejorative, depending upon the historical and geographical context, and her mother works in a factory. Nisha was a student at a special school for child labor at Umuri three years back. She left education when the school was physically shifted to a new place named Jayanagar. She was very happy in attending the NCLP School as the school uniform, reading-writing materials, and textbooks were provided free of charge. Though she is still interested in attending the school, her parents are not interested in educating her because of losing her as an earning member of the family as well as providing for safety and security of their child. As Nisha’s mother works in a cashew nut processing factory, Nisha has no option except to stay at home to take care of her younger siblings, or to do other household chores during the absence of her mother at home. Later on, Nisha joined in cashew nut-related employment with her mother and earns about Rs 150/(US$2.2) per week. She often prepares garlands and sells them. It has also been reported that the child’s name is enrolled in Government Upper Primary School, but she does not attend since her parents view her as an economic asset to the family ( Pradhan et al., 2006 )

To conclude, the child protection system in India has evolved and is receiving increasing and adequate attention from its stakeholders. It has evolved from child welfare to child development to child protection and aspires to empower children in the truest sense of the term.

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Child Rights in India - Right To Education And Health

They are abandoned. They do not get a chance to step in a school. They are left to fend for themselves on the streets. They suffer from many forms of violence. They do not have access to even primary healthcare. They are subjected to cruel and inhumane treatments every day. They are children – innocent, young and beautiful – who are deprived of their rights.

In the history of human rights, the rights of children are the most ratified. The United Nations Convention on the Rights of the Child (UNCRC) defines  Child Rights  as the minimum entitlements and freedoms that should be afforded to every citizen below the age of 18 regardless of race, national origin, colour, gender, language, religion, opinions, origin, wealth, birth status, disability, or other characteristics.

These rights encompass freedom of children and their civil rights, family environment, necessary healthcare and welfare, education, leisure and cultural activities and special protection measures. The UNCRC outlines the fundamental human rights that should be afforded to children in four broad classifications that suitably cover all civil, political, social, economic and cultural rights of every child:

Right to Survival: • Right to be born • Right to minimum standards of food, shelter and clothing • Right to live with dignity • Right to health care, to safe drinking water, nutritious food, a clean and safe environment, and information to help them stay healthy

Right to Protection: • Right to be protected from all sorts of violence • Right to be protected from neglect • Right to be protected from physical and sexual abuse • Right to be protected from dangerous drugs

Right to Participation: • Right to freedom of opinion • Right to freedom of expression • Right to freedom of association • Right to information • Right to participate in any decision making that involves him/her directly or indirectly

Right to Development: • Right to education • Right to learn • Right to relax and play • Right to all forms of development – emotional, mental and physical

  • Summary of UNCRC
  • Article 1 Everyone under 18 years of age has all the rights in this Convention.
  • Article 2 The Convention applies to everyone whatever their race, religion, abilities, whatever they think or say, whatever type of family they come from.
  • Article 3 All organisations concerned with children should work towards what is best for each child.
  • Article 4 Governments should make these rights available to children.
  • Article 5 Governments should respect the rights and responsibilities of families to direct and guide their children so that, as they grow, they learn to use their rights properly.

Impact of the Convention of the Child Rights

A milestone in the international human rights legislation, the  ‘Convention on the Rights of the Child’  has been instrumental in putting all the issues pertaining to children issues on the global as well as national agenda. In addition to this, it has extensively mobilized actions for the realization of the  rights  and development of children worldwide.

It was not an overnight initiative that resulted in the adoption of the Child Rights. It took several years of movements and activism on shaping favourable, positive and constructive attitudes toward children, and also inciting actions to improve their well-being. The enormous efforts involved toward the implementation of the Convention, the significant amount of resources committed to this cause, and the overall effectiveness of the systems put in place for the execution process have a bearing on the success of child well-being outcomes.

Over the last 20 or so years, implementation of the Convention and its effect on child well-being varied from country to country and from one region of the world to the other. Based on analysis, there has been outstanding progress at a global level in addressing the issues related to children. These include progress in access to services, reaching their fullest potential through education, enactment of laws that upholds the principle of the best interests of child, and child survival.

Though a noteworthy progress has been achieved, yet in developing countries, particularly India, there is still a long way to go in realising the rights of children. Though all the relevant rules and policies are in place, there is a lack in enforcement initiatives. As barriers, there are several factors that forbid effective implementation of the laws. Due to relatively low success in achieving concrete child development outcomes in India, the condition of  underprivileged kids and underprivileged youth  is harsh and needs urgent attention. There is a need to intensify efforts for children welfare at all levels to implement the rules and provisions of the Convention and contribute to create a world suitable for children.

protection of child rights in india essay

Child Rights and the world

People from across the world striving for social justice have often directed their efforts toward the most vulnerable in society—the children. From Princess Diana’s charitable work on behalf of children to the efforts of activists like Grace Abbott and the youngest Nobel laureate in history—Ms. Malala Yousafzai, these famous children’s right activists have put commendable efforts in helping improve the lives of the youngest citizens.

2014 Nobel Peace Prize awardees—Ms. Malala Yousafzai and Mr. Kailash Satyarthi have reminded us all of the need to keep on advancing in providing opportunities that has an important effect on all children. The opportunities are meant to be meaningful enough to allow them to learn and gain the mindsets and skills that would empower them to be free, develop themselves, their communities and the world.

Mr. Kailash Satyarthi’s struggle to liberate children from child labour had cost him many life threats, including bullet wounds by those who exploit young boys and girls for economic gain. Wearing flak jackets, and armed with strong determination, he and his team raided many illegal factories and mines to rescue the children who are sold into servitude. It has been 30 years now since he started his movement. A movement that has one clear purpose—no child shall be a slave.

On the other hand, when one thinks of  Ms. Malala Yousafzai , the first thing that pops in one’s mind is education. The second is—education for girls. In 2009, when she was just 11, she wrote to BBC about the norm of banning female education under the Taliban regime in the Swat Valley (her hometown). Her article gained tremendous momentum worldwide. She started her fight for the education of girls at that small age and began to speak publicly and to the press, which caused her and her family receive constant death threats.

“I strongly feel that this is a big honour to hundreds of millions of the children who have been deprived of their childhood and freedom and education.” – Mr. Kailash Satyarthi.

“I speak not for myself but for those without voice… those who have fought for their rights… their right to live in peace, their right to be treated with dignity, their right to equality of opportunity, their right to be educated.” – Ms. Malala Yousafzai.

protection of child rights in india essay

The Right to Education

The father of modern education—John Amos Comenius proposed – “all persons should be educated, so we could have peace in the world”. Visionaries of the world understood that peace meant guaranteeing every person certain rights that are conditional for humanity—education being one of the most important.

The addition of the Right to Education (RTE) in the Universal Declaration of Human Rights in 1948 was the beginning of a remarkable expansion of educational opportunities around the world. The parliament of India enacted the Right of Children to Free and Compulsory  Education Act or Right  to Education Act (RTE) on August 2009. The same got enforced on April 1st 2010.

As per the act, education is a fundamental right of every child who is between 6 and 14 years old. The act also states that until the completion of elementary education, no child shall be held back, expelled or required to pass a board examination. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.

As a charity for child rights,  Smile Foundation  has been providing education to marginalized children in poor rural and urban communities in 25 states of the country. Its flagship programme –  Mission Education  exemplifies the global struggle for universal education. The programme has succeeded in bringing more than 200,000 children to school since its start in the year 2002.

Underprivileged kids lag at all stages of education. When earning a livelihood and taking care of the members of the family becomes a primary matter of concern in one’s life, education stands a little or, very often, no chance of pursuance. For the millions of underprivileged people in India, education is a high-priced luxury, and this negative outlook continues on with every new generation. Poverty damages childhood with significant effects on a child’s physical and mental health, as well as educational achievement. It limits the expectations of the child’s ability to perform well in school, constantly reminding him/her of the miniscule chance he/she has to overcome adversity and poverty.

With its development interventions that are focused on social welfare of children, Smile Foundation has raised those expectations among the hardest-to-reach children. Recent mark-sheets of the students in all ME centres has shown Smile Foundation primary school students outperforming their peers, with a very high passing rate. Last year, 51% of the total beneficiaries in Mission Education centres across India were girls. Also, 87% of the total eligible students are successfully mainstreamed in private and government schools.

Smile Foundation  is a children charity that has been working for children welfare since its inception.

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Child Rights & Child Development in India: A Socio-Economic Analysis under Regional Perspective

Profile image of Chandan Roy

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asha bajpai

protection of child rights in india essay

Institutionalised Children Explorations and Beyond

Senem Cilingiroglu

This year marks thirty years since the Convention on the Rights of the Child (the Convention) entered into force and ten years since the Guidelines for the Alternative Care of Children (the Guidelines) were adopted. The term ‘alternative care’ refers to the placing of children in the care of someone other than a parent. Although the seven South Asian countries – Afghanistan, Bangladesh, Bhutan, India, Nepal, Pakistan and Sri Lanka – have ratified the Convention, each of the jurisdictions has reflected the Convention and Guidelines through domestic law in different ways and to different degrees. This article examines the extent to which two key child rights principles enshrined in the Convention have been incorporated into the domestic law of these countries: (a) the obligation to undertake active measures to prevent the unnecessary separation of children from their families and (b) the placing of a child in alternative care as a measure of last resort. While progress has been made a...

Interal Res journa Managt Sci Tech

While children " s rights are human rights, the need to focus on the child and the rights of the child specially, and more specifically, has been recognised the world over. In today " s circumstances, growing violence against children, lack of spaces and platforms for children to seek justice, inadequate infrastructure to cater to their needs, the whole perception of children as extensions of parents and their treatment as parent " s property are some of the critical child protection issues that call for utmost and immediate attention. The Constitution of India recognises the vulnerable position of children and their right to protection. Therefore, following the doctrine of protective discrimination, it guarantees in Article 15 special attention to children through necessary and special laws and policies that safeguard their rights. The right to equality, protection of life and personal liberty and the right against exploitation enshrined in Articles 14, 15, 16, 17, 21, 23 and 24 further reiterate India " s commitment to the protection, safety, security and well-being of all its people, including children. The Chapter on Directive Principles of State Policy in the Constitution of India enjoins that the State shall, in particular, direct its policy towards securing: that the health and strength of workers, men and women, and the tender age of children are not abused and the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and childhood and youth are protected against exploitation and against moral and material abandonment; that the State shall endeavour to provide early childhood care and education to all children until they complete the age of six years.

DR. ANSARI PULICKAL ABDUL AZEEZ

Abstract: In the Earlier part of the 20th century, ‘Child Rights’ remains a serious problem in many parts of the world. India, is not an exemption, even it is blessed with the important legislations, constitutional provisions and remarkable judgments on child rights, which is always build on the platform of relevant regional and international mechanisms and international standards of behaviour towards children, still it fails while addressing and eliminating the issues of children mostly from the deep roots of our Indian society. Here in this Paper researcher suggest some innovative measures through a close understanding of the socio-cultural Identities of the Indian Society, which helps to eradicate the ‘extreme roots of poverty’, charging means (Economic & Social) towards child labour and child trafficking, with the strong support of Constitutional Norms and Innovative socio-educational nuances in the Indian society. These measures are succeeded to a large extend in the ‘Rurban’ areas of India. Keywords: Dynamics of Child labour, extreme roots of Poverty, Socio-educational nuances, Constitutional Norms

Shantha Sinha

JAIMALA CHAHANDE

Child is entitled to special care and assistance due to their dependency and immaturity. As human being, children have the basic human rights including social, economic and cultural rights. All over the world efforts are taken to protect these rights of children. Effect of Child abuse and exploitation on child are serious and stunted the potential development of many children. Despite of all these international and national efforts still the children in India faces the problem of child abuse and child exploitation. The role played by the judiciary to safeguard and protect the rights of the children as a guardian of fundamental rights through issuing direction or giving advice to the Government are commendable and must be appreciated. This article has discussed the concept of judicial activism, the rights of child and who is child? This article has studied about the international and national efforts taken for the protection of children rights including provisions under Constitution ...

Chandan Roy

Being the signatory of UNCRC (1992), India globally recognized the significance of child rights. The Constitutions of India also guarantees certain child rights covering basic issues, like ‘health’, ‘education’ and protection from ‘hazardous employment’ and ‘exploitation’. However, despite the existence of many legal provisions, the vulnerability of Indian children in different dimensions cannot be undermined. This paper attempts to locate the status of child in development ladder of Indian economy at regional level and shows how the disparity in development indicators actually accelerates the nature of exclusive development. Child Abuse is emphasized as a principal inhibitor in child development. Indian Parliament at last approved “The Protection of Children from Sexual Offences Bill 2011”.

Journal of international law research

Anindita Majumdar

Attitudes, knowledge, and perceptions of an individual influence their behavior as well as culture of a society. The objective of the study was to understand the attitudes and knowledge of 584 Indian community members regarding child rights and their perceptions about whether selected child rights were secured in reality. Overall attitudes of vast majority (96-98%) of the participants towards child rights were found to be positive i.e., children should have rights in various respects except issue like right to meet others (Article 15 of CRC). Knowledge of majority of the participants about child rights related legislations was moderate and varied across the cities while participants were unanimous about poor lived experiences of child rights in reality. So far as attitude and perception are concerned about child rights, there was a significant difference in the distribution between cities (p<0.01). Overall, the Rights of Children to Free and Compulsory Education Act, 2009 had the highest awareness (91.3%, n=533), followed by the Child Labour (Prohibition and Regulation) Act, 1986 (89.7%, n=523) and the Prohibition of Child Marriage Act, 2006 (89.6%, n=523). Findings of the present study speak in favor of community awareness about child rights and penalties for violation of child rights.

Shailesh Soni

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protection of child rights in india essay

All you need to know about Child Rights in India

child rights in India

In this blog post, Rishabh , a student of Guru Gobind Singh Indraprastha University, New Delhi and pursuing the Company Secretary Course by ICSI, describes child rights in India. The author takes into account several legislations that protect the rights of a child.

Introduction to Child Rights

A child means every human being below the age of eighteen years unless, under the law applicable to the child, the age of majority is attained earlier [1] . A nation’s children are a “supremely important national asset”, and the future well-being of a nation depends upon how its children grow and develop [2] . It is the duty of the state to look after a child to (or “intending to”) ensuring full development of its personality [3] . To achieve this goal, a state must grant certain rights to the children. In India, rights of citizens including that of children have been directly or indirectly provided for by the Constitution of India. We shall first discuss in brief, the United Nations Conventions on Rights of the Child (hereinafter, CRC), 1989 to which India is a signatory.

CRC and India

Adopted by the United Nations in 1989, the CRC is an international agreement legally binding on the parties signatory to it. It has incorporated in its various articles rights of children without any discrimination whatsoever. It was ratified by India on 11 December 1992. It has a preamble setting out different principles the CRC is built upon.

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It is based on four basic principles:

  • Non-discrimination (Article 2)
  • Best Interest of the Child (Article 3)
  • Right to Life Survival and Development (Article 6)
  • Right to be Heard (Article 12)

The provisions of the CRC have been categorised as:

  • Survival Rights : the right to life of child and access to basic necessities to existence such as adequate food, shelter, standard of living and medical requirements.

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  • Protection Rights : rights that protect children from abuses which may be consequential to several kinds of circumstances, such as children subject to procedures of criminal justice system, children in employment, children who are refugees, children who have undergone abuse or exploitation.
  • Participation Rights : rights of children to participate in activities of the society, especially matters that may affect their life, to assemble peacefully and to join associations.
  • PART II (Article 42-45): It contains provisions regarding implementation of the provisions of the CRC.
  • PART III (Articles 46-54): It includes provisions for signing the convention by parties and rules and procedures thereafter for the purpose of ratification, enforceability, amendment, denouncement, etc. of the convention.

Three Optional Protocols to the CRC have been introduced which are:

  • Optional Protocol to CRC on Sale of Children, Child Prostitution and Child Pornography.
  • Optional Protocol to CRC on the involvement of Children in Armed Conflict.
  • Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure.

As of now India has not signed the third optional protocol.

protection of child rights in india essay

How to report a child abuse

  • The first and foremost step to be taken for a child in distress is giving moral support to him or her. It is essential for children to be supported and brought back into their comfort zone if they have been subjected to abuse.
  • Police may be contacted on their hotline number, i.e., 100 for immediate assistance. Thereafter, a complaint can be made with the Police by lodging a FIR at the nearest Police Station.
  • The Police, upon lodging of the FIR, starts the investigation if such cognizable offence as reported was committed under the jurisdiction of the Police Station where FIR was lodged.

adopting a child

  • Photographs or video clips or voice recordings of the child abuse may be taken as evidence and shared with Police in order to strengthen the case against the accused. Such kind of evidence shall not be circulated, transmitted or made available to anyone except the authorities or the court (for the purpose of proof) in cases relating to sexual offences against the children and identity of the victim shall not be disclosed to the public or unauthorised people.
  • If it so happens the police station refuses to lodge an FIR or to record any information, a copy of such information shall be sent to the Superintendent of the Police or the Assistant Commissioner of Police in writing, along with the statement that the approached Police Station refused to lodge the FIR or record the information in question. A copy of the writing must also be sent to the Commissioner of Police, the Deputy Commissioner of Police and the Senior Police Inspector.

Crimes against women

  • Various NGOs are working for the protection of rights of children; their help may be taken to secure the rights of children or to bring to justice the offenders who infringe such rights. Some of the reputed NGOs working for the welfare of children are HAQCRC, Cry, etc.
  • After official reporting of abuse and lodging of FIR, the matter goes to competent court and case is initiated by the State against the accused.

The contact details of various state departments working for protecting the rights of children can be found by clicking here .

Constitutional Provisions Regarding Rights of Children

The Constitution in its Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) guarantees under the articles mentioned below, rights to the children of India:

  • Article 14: Citizens of India, including children, must be treated equally before law and must be given equal protection by the law without any discrimination or arbitrariness.

ITAT or Income Tax Appellate Tribunal

  • Article 21: No person shall be deprived of his life or personal liberty without due process of law. A person has the right to adequate food, shelter, clothing, etc. Such life shall not mean mere animal existence [4] .
  • Article 2 1A : The State shall provide free and compulsory education to all the children falling in the age group of six to fourteen years in such manner as the State may, by law, determine.
  • Article 23: Prohibits trafficking in human beings and beggar or any other form of forced labour.
  • Article 24: Prohibits employment of children under the age of fourteen years in a factory, mine or in any other hazardous employment.
  • Article 39 (e): The state shall thrive to ensure that the tender age of children is not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
  • Article 39 (f): The state shall ensure children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity. It must also be ensured that childhood and youth are protected against exploitation and against moral and material abandonment.
  • Article 41: The state is obliged to, within its economic capacity and development, secure provisions for educational opportunities and facilities.
  • Article 44: The state shall make all possible efforts to secure a Uniform Civil Code for all the citizens, thereby implying a uniform code for the adoption of children.

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  • Article 46: It is the duty of the state to promote the educational and economic interests of weaker sections of the society with special care and therefore, the children therein.
  • Article 47: The state is duty-bound to raise the level of nutrition and the standard of living and to improve public health, including that of children.
  • Article 51 (c): International laws and treaties shall be respected by the state to every possible extent, including the CRC and its optional protocols, Optional Protocol to CRC on Sale of Children, Child Prostitution and Child Pornography and Optional Protocol to CRC on the Involvement of Children in Armed Conflict.
  • Article 51 A (k): It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
  • Article 243G provides for the institutionalisation of child care by seeking to entrust programs of Women and Child Development to Panchayat (Item 25 of Schedule 11).

Right to Constitutional Remedies when Rights of Children are Infringed

If the above mentioned fundamental rights are infringed, the appropriate courts may be approached. The constitution has provisions for constitutional remedies in article 32 and article 226.

  • Article 32: A person has right to move to the Supreme Court to protect his fundamental rights. It is also a fundamental right.
  • Article 226: A person my approach High Court by virtue of this article to get his rights protected, not necessarily fundamental rights.

The courts, for the purpose of protecting the rights they are authorised to, may issue writs:

protection of child rights in india essay

  • Habeas Corpus: literally translating to “you may have the body”, a person, whether or not a child, who is detained, whether in prison or privately, is directed to be produced before the court. If found that such detention was illegal, he is released.
  • Mandamus : meaning ‘we command’, mandamus issued by Supreme Court or High Court orders the lower courts/tribunals/public authorities to perform a public or statutory duty which they are obliged to perform but have failed to do so.
  • Prohibition : it is issued by the Supreme Court or the High Courts, to prohibit inferior courts under them from transgressing the limits or powers vested in them.
  • Certiorari : it enables a superior court to quash an order already passed by the inferior court/tribunal/quasi-judicial authority.
  • Quo warranto : it literally means by what right. It is issued to restrain a person from holding a public office he is not entitled to hold.

The writs may be extended to the lower courts by the parliament.

Since children are unable to access the legal system by themselves, a Public Interest Litigation may be filed in the Supreme Court or the High Courts by a public spirited individual or a non-governmental organization against the Central Government or State Government or any of their respective agencies by the virtue of A.32 and A.226 for protection of the rights of the Children.

Other Legislations/Policies in India

Some of the important legislations and policies in India to safeguard the rights of children are:

  • S.83: Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
  • S.292 & 293: Selling, distribution, publishing, public exhibition or circulation of obscene material such as books, magazines, drawings, paintings, etc. is prohibited under Section 292. Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in Section 292, or offers or attempts so to do, shall be punished more severely.

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  • S.317: Abandonment or exposure of a child for the purpose of abandonment by any of the parents or a person having the care of such child is a punishable offence.
  • S.361: This section deals with punishing offenders who kidnap a child (male if below 16 years of age and female if below 18 years of age).
  • S.363A: Kidnapping or maiming children for the purpose of begging has been stated to be a punishable offence under this section.
  • S.366A: Inducing of a minor girl under the age of 18 years to do any act that may force or seduce her to illicit intercourse with another person is punishable under S.366A.
  • S.366B: It is an punishable offence to import a girl under 21 years of age into India from a country outside India or from Jammu and Kashmir intending that she may be forced or seduced to illicit intercourse with another person.
  • S.369: Kidnapping a child under the age of 10 years with the intention to steal from such child is an offence.
  • S.372 & 373: Selling, buying or hiring a person under 18 years of age for the purpose of prostitution or illicit intercourse with any person, or for any unlawful or immoral purpose is a punishable offence.
  • S.375: A man is said to commit “rape” if has sexual intercourse with a woman with or without her consent when she is under the age of 16 years.
  • rape is committed by management or staff of Remand Home or any other place of custody established by law or children’s institution,
  • rape is committed upon a woman under 12 years of age,
  • gang rape is committed.
  • S.376C: When the Superintendent or manager of a remand home or any other place of custody established under law of ‘children’s institution’ induces or seduces a woman into sexual intercourse by taking advantage of his official position, he is entitled to stringent punishment under this section.

These sections specifically protect the rights of children. Other sections applicable to punish offenders for a crime can also be invoked to protect the children against such offenders.

  • Guardians and Wards Act, 1890:  The act supersedes all the laws regarding guardianship of a child. It is a universal code specifically designed for Muslims, Parsis, Christians and Jews as their personal laws don’t allow full adoption but only guardianship.
  • Child Marriage Restraint Act, 1929 (Amended in 1979):  It restraints child marriage until the minimum age, i.e. 21 for male and 18 for female, has been attained by them. It applies to the people of all the religions.

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  • The Women’s and Children’s (Licensing) Act, 1956:  The Act was enacted with an object to protect women and children from exploitation and inhuman activities going on in institutions. It mandates the institutions for women and children to get a license from the licensing authority before establishing or maintaining the institution.
  • Probation of Offenders Act, 1958:  This act with the help of the Juvenile Justice Act, 2000 tries to ensure that no person under the age of 21 years faces imprisonment.
  • National Policy for Children, 1974:  It is the first written policy for the children in India. It aims at providing better enforcement of constitutional rights of the children along with those granted by the CRC. Some of the provisions include free education, comprehensive health and nutritious plans, etc.
  • Bonded Labour System (Abolition) Act, 1976:  The act aims at eradicating the bonded labour system in India which exploits the weaker sections of society, especially children.
  • Child Labour (Prohibition and Regulation) Act, 1986:  This act regulates the working conditions for children in employment and prohibits working of children in certain kinds of employments.
  • National Policy on Education, 1986:  The policy is extensive in nature and elementary, university and adult level education, all fall under its scope. It tries to remove inequality by making special provisions for women and other weaker sections of society such as Schedule Castes, Schedule Tribes, etc.

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  • Juvenile Justice (Care and Protection of Children) Act, 2000:  This act is one of the important acts in India for the children in need of care and protection and also children in conflict with the law. It requires that the state provides free legal support to the juveniles, and proper care and protection is provided to those in need. It also calls for a child-friendly approach in adjudication and disposition of matters involving children.
  • The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2000:  The main objective of the Act is to regulate and prevent the pre-natal sex determination in order to prevent female foeticide.
  • National Health Policy, 2002:  This is the second National Health Policy, after the first in 1983. The policy provides for Universal Immunization Programmes, health care related education in schools and free regular health checkups at schools etc.
  • Protection of Children from Sexual Offences Act, 2012:  The act aims at punishing the offenders who are guilty of sexual offences against children below the age of 18 years of age. It also lays down procedures for the trial, such as, the name of child victim shall not be disclosed, proceedings of the case are to be conducted in court with cameras recording the trial, accused is not to be kept in-front of the child victim during examination or cross-examination, etc.

Some more laws and policies in India for children can be found in:

  • Factories Act, 1948 (Amended in 1949, 1950 and 1954)
  • Hindu Adoption and Maintenance Act, 1956
  • Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960
  • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1987
  • Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989
  • Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
  • National Nutrition Policy, 1993
  • Transplantation of Human Organ Act, 1994
  • Information Technology Act, 1996
  • The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002
  • National Charter for Children, 2003
  • National Plan of Action, 2005
  • Prohibition of Child Marriage Act, 2006
  • Juvenile Justice (Care and Protection of Children) Act (Amendment, 2006), 2006
  • The Right of Children to Free and Compulsory Education Act, 2009
  • The Child Labour (Prohibition and Regulation) Amendment Bill, 2012
  • The National Policy for Children, 2013
  • Juvenile Justice Rules Gazette Notification, 2016
  • The Rights of Persons with Disabilities Bill, 2016

Landmark Judgements:

  • P. Unni Krishnan vs. State of Andhra Pradesh [5] :  Right to education, in this case, was included under the right to life by the Hon’ble Supreme Court of India. The court observed that ‘education is a preparation for a living and for life’ and thereafter concluded with the statement ‘we hold that every citizen has a “right to education” under the Constitution. The State is under an obligation to establish educational institutions to enable the citizens to enjoy the said right.’
  • The State Governments to constitute Vigilance Committees in each district and its sub-divisions.
  • The District Magistrate to take up as top priority the task of identification of bonded labour.
  • The State Government to concentrate on rehabilitation of bonded labour and evolve effective programmes for this purpose.
  • Every application from a foreigner desiring to adopt a child must be sponsored by a social or child welfare agency recognised or licensed by the government of the country in which the foreigner is resident.
  • The Government of India shall prepare a list of social or child welfare agencies recognised or licensed for inter-country adoption.
  • The social or child welfare agency sponsoring the adoptive foreign parent must conduct a home study through a professional worker. The home study report should contain particulars, such as the personality of husband and wife, description of the home, relationship with community, accommodation for the child, etc.

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  • Only social or child welfare agencies recognised or licensed by the government of India can process an application from an adoptive foreign parent. Private adoptions conducted by unauthorised individuals or agencies are prohibited.
  • Central Adoption Resource Agency (CARA) suggested to be established to act as a clearing-house for information regarding the children available for inter-country adoption.
  • The social or child welfare agency which is looking after the child selected by a prospective adoptive foreign parent may legitimately receive maintenance expenses from such adoptive parents, not exceeding Rs. 60/- per day. Unreasonable demands made by social or child welfare agencies as maintenance charges and medical expenses is not appreciated and requires curtailment.
  • An application for adoption by adoptive foreign parents is to be placed before the High Court or the District Court, and the same is to be scrutinised by a Scrutinising Agency, such as the Indian Council of Child Welfare or the Indian Council for Social Welfare. Appropriate orders will be passed by the Court based on the report of the Scrutinising Agency.
  • In case the biological parents of the child being given in adoption are known, they should be helped to understand all the implications of adoption, including adoption by a foreigner and prohibition on them contacting the child in future. A period of three months must be given to the biological parents to reconsider their decision. Once the decision is taken and not reconsidered, the decision to give the child in adoption is irrevocable and the procedure for adoption may commence.
  • Great care has to be exercised in permitting the child to be given in adoption to foreign parents to avoid abandonment of the child by the adoptive parents, moral or sexual abuse or forced labour of the child, and to avoid the child to be placed in a worse situation than that in his country.
  • This judgment mainly relates to destitute or abandoned children offered for adoption, and not to children living with biological parents.

Children, owing to their developing mind are vulnerable to the environment they are in. It is of utmost importance that such environment is made suitable for their growth and development, regardless of whether such child is in conflict with law or not and be given adequate care and protection of the law. No nation can flourish if children of such nation suffer, therefore India with the help of various international, national and state mechanisms tries to secure the rights of the children as has been discussed above.

References: 

[1] Article 1 of the United Nations Convention on Rights of the Child, 1989

[2] Laxmikant Pandey v. Union of India, [1984] 2 SCR 795

[3] Sheela Barse and Ors. v. Union of India and Ors. JT [1986] 136 1986 SCALE (2)230

[4] Ashok (Dr.) v. Union of India AIR 1997 SC 2298

[5] AIR 1993 S.C. 2178

[6] AIR 1997 S.C. 699

[7] AIR 1984 S.C. 802

[8] AIR 1984 S.C. 469

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Protection of Childrens Human Rights in India

Children are the future custodians of sovereignty, rule of law, - justice, liberty, equality, fraternity and finally international peace and security.

Protection of Children's Human Rights in India

Abstract Children are the future custodians of sovereignty, rule of law, - justice, liberty, equality, fraternity and finally international peace and security. They are the potential embodiment of our ideals, aspirations, ambitions, future hopes. They are the ‘future shoulders’ in the form of great philosophers, rulers, scientists, politicians, able legislators, administrators, teachers, judges, technologists, industrialists, engineers, workers, planners on which the country would rest. Human Rights Instruments specific to the rights of the child: The Declaration of the Rights of the child 1924, adopted by the fifth assembly of the League of Nations, can be seen as the first international instrument dealing with children’s rights. Children are a human resource, invaluable but vulnerable. Various laws in India, focusing on a position where children were treated as non-entity and where conscientious efforts have been made to not only make them free from exploitation and abuses but also enable them to develop their full potentiality with fair access to food, health, education and respect. The UN General Assembly adopted the Convention on the Rights of the Child which is the first international treaty that defines the basic rights of the children. A Safe Childhood is a human right. They are recruited into armed forces. They are subjected to the death penalty, are disappeared, are punished by cruel and inhuman methods and suffer many other forms of violence. The aim of this study is to critically evaluate how effectively the child rights violation can be prevented and to provide the needed directions to the parents and Government about their responsibilities to guarantee the rights of the child and also to reduce the vulnerability of children in harmful situations. Keywords: Children, Human Rights, Constitution of India. Introduction Children are the future custodians of sovereignty, rule of law, - justice, liberty, equality, fraternity and finally international peace and security. They are the potential embodiment of our ideals, aspirations, ambitions, future hopes. They are the ‘future shoulders’ in the form of great philosophers, rulers, scientists, politicians, able legislators, administrators, teachers, judges, technologists, industrialists, engineers, workers, planners on which the country would rest. Nature has provided some inherent rights to every human being including children. These fundamental rights bestowed in human being from the very inception. Human being is endowed with rights since the stage of foetus. Foetus in the mother womb is the starting point since then human being is guaranteed certain basic rights. These rights are intrinsic in every one. State cannot give or nullify these rights, which are inherent. State has to recognize and guarantee these rights. Human Rights Instruments specific to the rights of the child: The Declaration of the Rights of the child 1924, adopted by the fifth assembly of the League of Nations, can be seen as the first international instrument dealing with children’s rights. Millions of children around the world are exploited, abused, and discriminated against. These children include child labourers, children affected by armed conflicts, sexually exploited children, children in conflict with the law or in the care of the state, as well as children living on the streets, coping with disabilities, or suffering from discrimination because of their religious or ethnic-minority status. Children were recipients of welfare measures. It was only during the twentieth century the concept of children’s rights emerged. The rights approach is primarily concerned with issues of social justice, non-discrimination, equity, and empowerment. It is because of the unique vulnerability of children that their rights are of priority concern within Canada’s foreign policy. Canada played a key role in the negotiations that led to the adoption of the United Nations Convention on the Rights of Child in, 1989. The United Nations has designated November 20 as Universal Children’s day.[2] Who a child is? The Convention on the rights of the child 1989 (CRC) defines the term child to mean every human being below the age of eighteen years unless under the law applicable to the child, majority to be attained earlier.[3] In India, the Census of India and the Constitution of India defines persons below the age of fourteen as children. The Children Act defines child as a person who has not attained the age of 16 years if it is a boy or 18 years if it is a girl. Various Rights of the children The human rights proclaimed in the Universal Declaration of Human rights apply to all human beings regardless of their age, and as such children benefit from the same rights as adults. International laws 1. UN Convention on the Rights of the Child India ratified the UN Convention on the Rights of the Child on 1992 and lists the following as the Rights of the Child, 1. The Right to Survival: According to the convention, the Right to Survival includes the right to life, the attainable standard of health, nutrition and an adequate standard of living. It also includes the right to a name and nationality. 2. The Right to Protection: According to the Convention, this right includes freedom from all forms of exploitation, abuse and inhuman or degrading treatment. This includes the right to special protection in situations of emergency and armed conflict. The aim is simple, to protect vulnerable children from those who would take advantage of them and to safeguard their minds and bodies. 3. The Right to Development: This right includes the right o be educated, to receive support for development and care during early childhood and to social security. It also includes the right to leisure, to recreation and to cultural activities. 4. Right to freedom of thought and expression: According to the Convention, the Right to Participation accords the child access to appropriate information and the freedom of thought and expression, conscience and religion. 2. Aim to having children’s rights Children’s rights aim to ensure that each child has the opportunity to reach their full potential. Children’s rights stipulate that all children without discrimination should be able to develop fully, have access to education and health care, grow up in an appropriate environment, be informed about their rights, and participate actively in society.[4] 3. Right are a tool to protect children from violence and abuse Children’s rights foster mutual respect among people. Respect for the rights of the child can only be fully achieve when everyone, including children themselves, recognizes that every person has the same rights, and then adopt attitudes and behaviour of respect, inclusion and acceptance. 4. Recognition of the Children’s rights The Declaration of the Rights of the child 1924, adopted by the fifth assembly of the League of Nations, can be seen as the first international instrument dealing with children’s rights. Children’s rights are constituted by fundamental guarantees and essential human rights: i. Children’s rights recognize fundamental rights: the right to life, the non-discrimination principle, the right to dignity through the protection of physical and mental integrity (protection against slavery, torture and bad treatments, etc) ii. Children’s rights are civil and political rights, such as the right to identity, the right to a nationality, etc. iii. Children’s rights are economic, social and cultural rights, such as the right to education, the right to a decent standard of living, the right to health, etc. 5. Responsibilities of Parents and Government On November 20, 1989, the United Nations General Assembly adopted the Convention on the Rights of the Child, a landmark for human rights. It is the first international treaty that recognizes the civil, political, economic, social and cultural rights of children. In December 1991, Canada ratified the Convention on the Rights of the Child and thus committed itself under international law to respect, protect, promote and fulfil the rights of children in Canada. India ratified the Convention on 1992. The Convention on the Rights of the Child is the most widely accepted human rights treaty – of all the United Nations member states, only the United States and Somalia have not ratified it. The Convention on the Rights of the Child has 54 articles (sections), and most of these articles list a different right that children have, and different responsibilities that the Government, and others including parents, have to make sure that children have these rights. This includes: i. Right to Equality: (Article 2) The Government must make sure that all children have the rights in the Convention, regardless of their or their parent’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. ii. Children’s interests: (Article 3) The Government must make sure that child’s best interests are taken into account when any decision is made which affects you. All organisations working with children should work in a way that is best for children. iii. Parent’s rights and right to family life: The Government must respect the rights of child’s parents / family / carers to raise you, where they are raising you in a way that respects your rights (article 5). Children also have the right to know and be cared for by parents (article 5), and the government must make sure that they are not taken away from parents against their will, unless this is in their best interests (articles 8 and 9). Where you are separated from one or both of your parents (for example, where your parents have separated), the Government must make sure that you have contact with the parent you are separated from, unless this is not in your best interests (for example, where it might because you harm to see your parent) (article 9). For children who have parents living in different countries, the Government must make sure that you can stay in regular contact with both parents (article 10). Parents or guardians have the responsibility to bring you up, and they should do this is a way that is in your best interests. The Government must give help to your parents where this is necessary to help them for you properly (article 18). iv. Right to have an identity (birth certificate): (Articles 7 and 8) The Government must make sure you are registered at birth (i.e. that you have a birth certificate), and that you have a name and a nationality and that you know who your parents are. Having your birth registered is important because it helps you to exercise your other rights (e.g. to get access to education, housing and other support if you need it, and will allow you to register to vote). v. Right to go abroad: (Article 11) The Government must make sure that children are not taken out of the UK illegally. vi. Having your opinions heard (article 12): You must be given the chance to give your opinion when decisions are made that affect you, and the Government must make sure that these opinions are taken into account by the people making the decision. vii. Freedom of expression and getting information: You must be able to get and share information with others, as long as this does not damage others (article 13). The Government must make sure that you can get information from many sources, like different papers and television and radio programmes, and must make sure that the media includes programmes and information that are relevant to children and do not harm you (article 17). viii. Freedom of thought and religion: (article 14) Freedom of thought, conscience and religion. ix. Freedom to gather together and join organisations: (article 15): 15 Freedom of association and peaceful assembly x. Right to Privacy: (article 16) The Government must make sure that no one is able to interfere with your privacy or attack your honour or reputation. xi. Protection from violence, exploitation, abuse, neglect and maltreatment: (article 19) xii. Article 20 Protection of child who is deprived (temporarily or permanently) of family environment xiii. Adoption: (article 21) If you are going to be adopted, the Government must make sure that your best interests are the most important thing taken into account. xiv. Children with disabilities: (article 23) If you have a mental or physical disability, the Government must make sure that you are able to live a full and decent life and they must help you to do be able to do things independently, and be involved in the community. People who care for you must be given support if they need it. xv. Health: (article 24) The Government must make sure you are able to be as healthy as you can be, and that you are able to get health care when you need it. You must also be able to get clean water, nutritious food and live in a healthy environment. The Government must also make sure you can get information about staying healthy. xvi. Children not living with their parents: If you are not living with your parents, or have had to be removed from your parents, the Government must make sure that you are cared for, and that you are given special assistance and protection (article 20). If you are looked after by local authorities (e.g. in foster care) or put in a special facility to provide you special care or treatment for a physical or mental health problem, you must have someone review your situation regularly (article 25). xvii. Right to get Benefits: The Government must make sure that you and your parents or carers can get financial help when you need it (article 26). xviii. Standard of living: (article 27) You have the right to a standard of living that is necessary for your physical, mental, spiritual, moral and social development. It is your parents’ responsibility to make sure you have these needs met, but the Government must help your parents by giving them support if they can’t afford to do this. xix. Right to Education: The Government must make sure you get a good quality education. This includes making sure that primary and high school is free and available to you, that you can attend school regularly and that schools don’t discipline you in a way that causes you harm and only in a way that respects your dignity (article 28). Your education should make sure you develop to your full potential and learn to respect human rights, your parents and the values, language and culture of the UK and other countries (article 29). xx. Children from minority groups: If you are from an ethnic, religious or linguistic minority group, the Government must make sure you are able to use the language and culture of your group (article 30). xxi. Rest and leisure: (Articles 31) The Government must make sure you have rest and leisure time, and can be involved in cultural activities. xxii. Right to Work: (article 32) The Government must make sure that you do not do any work that is harmful to you or that interrupts your education. xxiii. Protect from using Drugs: (article 33) The Government must protect children from using illegal drugs. xxiv. Protection from Sexual abuse: (article 34) The Government must protect you from any form of sexual abuse. xxv. Abduction: (article 35) The Government must make sure you are not abducted, or sold. xxvi. Protection to harm: (article 36) The Government must protect you from coming to any other type of harm or any actions that are bad for your welfare. xxvii. Protection against Torture and detention: (article 37) The Government must make sure that you are never tortured or never treated in a way that is cruel, inhuman or degrading. xxviii. Joining the army: (article 38) The Government must not let you join the army before you turn 15. You should get special protection in war zone. xxix. Recovery from abuse: (article 39) If you have been the victim of abuse, the Government must make sure you are given help to recover. xxx. Children who have broken the law: If you have been accused of breaking the law, the Government must treat you with respect and dignity. You must be treated as innocent until you have been proved to be guilty, be told about why you have been arrested straight away, and be able to get help from your family and a lawyer (article 40) [4].

Indian Constitution and Children Rights

(Present Legal Framework) The Constitution of India is the basic law of the country that includes the fundamental rights and directive principles for every citizen. The fundamental rights in the Constitution of India impose on the state a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected. Fundamental rights if violated can be brought before the courts. Directive Principles lay down the guidelines the Government have to follow. If they are violated they cannot be taken before the courts but because of judicial interpretation, many of the directive principles have now become enforceable through legal actions brought before courts. A. The Fundamental Rights in the Constitution that directly relate to children are 1. Article 15(3) requires the state to make special provisions for children. 2. Article 21-A provides free and compulsory education to all children of the age 6 – 14 years. In such a manner as the state may by law determine. This Article 21A of the Constitution of India envisages that children of age group 6 to 14 years have a fundamental right to education. 3. Article 23 prohibits trafficking of human beings including children. 4. Article 24 mandates that no child below 14 years can work in any hazardous occupation or industry. B. The Directive Principles of State Policy that directly relate to children are 1. Article 39(a) & (f) direct that the state policies are directed towards securing the tender age of children. 2. Article 45 states that the state shall endeavour to provide early childhood care and education for all children until they complete the age of six years. 3. Article 51-A says that it shall be the fundamental duty of the parent and guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen. 86th constitutional Amendment – Right to Education, is a fundamental right. It was after a long struggle that the 86th constitutional amendment to make the right to education as a fundamental right in 2001 was made. The State laws have not yet been drafted. The Government of India has prepared a draft bill on the Right to Education Bill, 2005, seeks to give effect to the 86th constitutional Amendment. The 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[5]. Need of Protection Every child has the right to protection. This not only includes children who are in different circumstances and those who have suffered violence, abuse and exploitation, but also those who are not in any of these adverse situations and yet need to be protected in order to ensure that they remain within the social security and protection net. Child protection is about protecting children from or against any perceived or real danger/risk to their life, their personhood and childhood. It is about reducing their vulnerability to any kind of harm and in harmful situations. Child protection is integrally linked to every other right of the child. The failure to ensure children’s right to protection adversely affects all other rights of the child and the development of the full potential of the child. Child protection is about protecting every right of every child. It must also relate to children’s capacity for self-reliance, self defence, and to the roles and responsibilities of family, community, society and state. The need to protect some children is certainly greater than others due to their specific socio-economic and political circumstances and geographical location. These are the children who are more vulnerable in term of the harm/danger/risk to their right to survival/ development/ participation. 1. Homeless children (pavement dwellers, displaced/evicted, etc.) 2. Refugee and migrant children 3. Orphaned or abandoned and destitute children 4. Children whose parents cannot or are not able to take care of them 5. Street and working children 6. Child beggars 7. Victims of child marriage 8. Trafficked children 9. Child prostitutes 10. Children of prisoners 11. Children affected by conflict/civil strife 12. Children affected by disasters both natural and manmade 13. Children affected by substance abuse, HIV/AIDS and other terminal diseases 14. Disabled children 15. Children belonging to ethnic, religious minorities and other marginalized groups 16. The girl child 17. The unborn child 18. Children in conflict with law (those who commit crime) 19. Children who are victims of crime.

Importance of Human Rights Education to Children

Here are some of the reasons why human rights education is important to children: 1. Because it’s their right! Article 42 of the Convention on the Rights of the Child stipulates that children have the right to know their rights. 2. To increase respect for human rights: Knowing about your rights is the first step in promoting greater respect for human rights. 3. Because human rights values are universally recognized: Adults who work with children are constantly faced with the task of trying to determine which behaviours are acceptable and which are not acceptable. Making these types of decisions often involves relying on personal experiences or values. Human rights education provides a clear framework for evaluating when and how to intervene by referring to the universally recognized values that stem directly from the Universal Declaration of Human Rights. 4. To encourage the development of self-esteem and active participation: Once children become aware of their rights, they begin to recognize their own importance as human beings. They also start to realize that what they live, think and feel has value and that they can make a positive contribution to the life of the group, of their family, their school, and their community. Learning about rights encourages children to become more actively involved. 5. To reinforce positive behaviours: Human rights education is one of the most effective ways of encouraging positive behaviour because it involves both critical reflection and a strengthening of the child’s sense of responsibility. Human rights education encourages children to reflect on how they interact with others and on how they can change their behaviour to better reflect human rights values. Child Right Issues The United Nations Convention on the Rights of the Child (CRC) represents a turning point in the international movement on behalf of child rights. This comprehensive document contains a set of universal legal standards or norms for the protection and well-being of children. Child soldiers, Juvenile life without Parole, The Right to Education are the major child right issues.

1. Juvenile Life without Parole: Demand Juvenile Justice

Children can and do commit terrible crimes. When they do, they should be held accountable but in a manner that reflects their special capacity for rehabilitation. There are about 2,500 people in the US serving life imprisonment without the possibility of parole for crimes committed when they were less than 18 years old. The United States is believed to stand alone in sentencing children to life without parole. Although several countries technically permit the practice, Amnesty International knows of no cases outside the US where such a sentence has been imposed in recent years. These standards recognize that, however serious the crime, children, who are still developing physically, mentally and emotionally, do not have the same level of culpability as adults and require special treatment in the criminal justice system appropriate to their youth and immaturity.

2. The Right to Education: Education is a Human Right

Everyone has the right to education – which should be available free to all at least at the primary level. Education is also indispensable in realizing other human rights. Across the world many children miss out on their education because: 1. They are made to work 2. They are recruited into armed forces 3. Their families do not have the means to pay for schooling 4. Discrimination and racism undermine their chance to receive an education 5. They face violence as they pursue their education . The Convention on the Rights of the Child defines basic rights of children covering multiple needs and issues which are as follows 1. The right to Education: 50% of Indian children aged 6-18 do not go to school Dropout rates increase alarmingly in class III to V, its 50% for boys, 58% for girls. 2. The right to Expression: Every child has a right to express himself freely in whichever way he likes. 3. The right to Information: Every child has a right to know his basic rights and his position in the society. High incidence of illiteracy and ignorance among the deprived and underprivileged children prevents them from having access to information about them and their society. 4. The right to Nutrition: More than 50% of India's children are malnourished. While one in every five adolescent boys is malnourished, one in every two girls in India is undernourished. 5. The right to Health & Care: 58% of India's children below the age of 2 years are not fully vaccinated. And 24% of these children do not receive any form of vaccination. Over 60% of children in India are anaemic. 6. The right to protection from Abuse: There are approximately 2 million child commercial sex workers between the age of 5 and 15 years and about 3.3 million between 15 and 18 years. They form 40% of the total population of commercial sex workers in India. 500,000 children are forced into this trade every year. 7. The right to protection from Exploitation: 17 million children in India work as per official estimates. Poor and bonded families often "sell" their children to contractors who promise lucrative jobs in the cities and the children end up being employed in brothels, hotels and domestic work. Many run away and find a life on the streets. 8. The right to Development: Every child has the right to development that lets the child explore her/his full potential. Unfavourable living conditions of underprivileged children prevent them from growing in a free and uninhibited way. 9. The right to Recreation: Every child has a right to spend some time on recreational pursuits like sports, entertainment and hobbies to explore and develop. Majority of poor children in India do not get time to spend on recreational activities. 10. The right to Name & Nationality: Every child has a right to identify himself with a nation. A vast majority of underprivileged children in India are treated like commodities and exported to other countries as labour or prostitutes. 11. The right to Survival: Of the 12 million girls born in India, 3 million do not see their fifteenth birthday, and a million of them are unable to survive even their first birthday. Every sixth girl child's death is due to gender discrimination. 12. Creating “child rights” awareness among the society is the first step towards protecting and realizing children’s rights. Addressing the Needs of Children There are many reasons for singling out children's rights in a separate human rights Convention: 1. Children are individuals: Children are neither the possessions of parents nor of the state, nor are they mere people-in-the-making; they have equal status as members of the human family. 2. Children start life as totally dependent beings: Children must rely on adults for the nurture and guidance they need to grow towards independence. 3. The actions, or inactions, of government impact children more strongly than any other group in society: Practically every area of government policy (for example, education, public health and so on) affects children to some degree. 4. Children's views are rarely heard and rarely considered in the political process: Children generally do not vote and do not otherwise take part in political processes. 5. Many changes in society are having a disproportionate, and often negative, impact on children. Transformation of the family structure, globalization, shifting employment patterns and a shrinking social welfare net in many countries all have strong impacts on children. The impact of these changes can be particularly devastating in situations of armed conflict and other emergencies. 6. The costs to society of failing its children are huge: Social research findings show that children's earliest experiences significantly influence their future development. The course of their development determines their contribution, or cost, to society over the course of their lives. [6]

Governmental Commitment to Fulfilling Protection Rights

The Government’s commitment and priority to child protection is critical to the creation of a protective environment for its children. The Government needs to demonstrate this commitment through the acceptance and recognition of problems, formulation of appropriate policy, strong legal frameworks and programming, and allocation of adequate resources to programs. It needs to ensure that mechanisms for child protection are child friendly, functional and in a position to reach children in needs of protection.[7] Some such initiatives taken by the Indian Government towards creating a protective environment for children as per the law are the:- 1. Juvenile Justice (Care and Protection) Act, 2000. 2. The CHILDINE 1098 service in partnership with Integrated Program for street children, signing and ratification of the United Nations Convention on the rights of the child (UNCRC), and 3. Ratification of the Optional Protocols 4. The National Plan of Action, 2005 5. The National Policy for Children, 1974 6. Study on Child Abuse 2007. Recommendations: Prevention of Child Rights violation 1. At Society 1. Sexual education for children 2. Punish those who commit the acts against child 3. Create support centres for victims 4. Set up free phone lines to break the silence 5. Ensure children’s safety 6. Educate children about sexual violence 7. Ratify and conform to laws protecting children 8. Create preventative laws and disseminate information about them 9. Create committees for eliminating violence against children 10. Find healthy ways for children to spend their free time 11. Limit TV Channels 12. Forbid harmful traditional practices by law 13. Launch awareness campaigns for the community 14. Create local committees for child protection. 2. At work place, in the streets and in institutions 1. sensitise employers about child rights and consequences of corporal punishment to children 2. respect children 3. educate employers to listen to children 4. ensure employers to listen to children 5. ensure children’s safety at work 6. value alternative education methods 7. Encourage and support the development of child led organizations. 3. At School 1. increase the number of education advisers and sensitise teachers about corporal punishment 2. create councils for discipline in schools that can work in partnership with children’s organisations establish and disseminate internal rules of conduct 3. sensitise education inspectors about corporal punishment 4. ensure children’s security in schools 5. parents have to accompany younger children to school 6. offer alternative punitive measures. 4. At Home 1. sensitise parents about the consequences of violence against children 2. teach parents how to communicate with their children (parents’ school) 3. prioritise dialogue with children 4. train them on education without violence 5. offer alternative disciplining methods 6. inform parents about child rights and laws that ban corporal punishment 7. alleviate poverty and increase family benefits for children 8. parents must let go to know their children better and reasons for them misbehaving 9. Adopt and implement laws on violence against children. 5. Other Recommendations to Government of India to Prevent Child Rights Violation It is just not possible for the government to fight the battle alone. Every individual in the society should contribute to this effort. For a participative action, government should be encouraging the following projects: 1. 1 Start a scheme "Sponsor a child" and get sponsor ship from Individuals, business man, politician, Cinema field etc. Give the sponsors some tax benefit to encourage sponsorship. 2. More child help line telephone numbers should be in place and popularise those by means of advertisements campaigns. 3. Minimum Rs.1/- Project: Collect a minimum of Rs.1/- from every Indian (Close to 100 crores can be collected) and use it for poor child development - (Keep Hundi in Government Banks to collect this) 4. Strict Law to be amended on TV Channels which telecast and encourages violence, sex and vulgar programs. 5. Celebrate Pandit Jawaharlal Nehru's birthday as "Children’s Rights Day" rather than children’s day alone. 6. Release a postal cover / post card with campaigning information on Child Rights. 7. Special police stations for protecting "Child" (Like Women police stations). 8. Form local communities with volunteers for campaigning and creating awareness on child rights. 9. Schools to have awareness classes for "Child Rights".[8] Challenges Ahead Like many developing countries, India faces problems of infant mortality, child marriage, maternal mortality and the phenomena of child widows, sex tourism, and child trafficking even across national borders for prostitution, child abuse and child labour. There are several challenges ahead. Of all the demographic groups, the girl child are probably the most socially disadvantaged. At every stage of her life cycle – from conception to adulthood – she is especially vulnerable to human rights abuses. Recent incidents of Delhi gang rape and Pondicherry Acid attack cases can be quoted as examples for the human rights abuse of girl child. So, a child focused culture has to be developed. The legal system should interpret the laws in the context of the rights and standards given in the CRC. This will give the child access to justice through the court system. All the children’s legislations need to be reviewed in the context of CRC and its standards and there has to be linkages between them. The Indian legal system has to evolve a great deal for securing the rights of the child and providing justice to the child. Legal reform alone cannot bring justice to the child. Undoubtedly, the most effective preventive measure is awareness of such possible abuse and how to deal with it amongst the various service providers – the doctors, teachers, lawyers, judges, police, volunteers, parents, trade unions, and social workers – so that they can significantly reduce the risk of abuse, if it does occur, by responding appropriately. Thus to conclude these challenges have to be rapidly addressed. And above all, the core value of the universal legal principle that policies be made, structures and processes be established, and actions be taken that are always and invariably in the best interest of the child should be followed. Child is a bud, let it blossom as a flower with nutrition of rights, with fruits of freedom and with care and attention not only from parents but also from the state under the auspices of the society. The struggle for realization of the rights of the child is going to be a long journey. References 1. Article on “Critical Evaluation of Children and Human Rights:” K. Illakiya, S. Kanchana Ratnam, 1 -Research Scholar, PG & Research Department of Public Administration, Presidency College, Chennai-600 005, India 2 -Assistant Professor, PG & Research Department of Public Administration, Presidency College, Chennai-600 005, India 2. Bajpal Asha, (2006). “Child rights in India: Law, Policy and Practice, New Delhi, 2nd Edition, pp.10 to 30 3. Kagzi, (2001). “Constitution of India”, Indian Law House, New Delhi, 6th Edition, Volume II 4. Sreenivasulu, N.S (2008). Human rights: Many sides to a coin, Regal Publications, New Delhi, pp.45 to 56 5. Department of Women and Child Development Annual Report - 2005-2006, Government of India, Ministry of Women & Child 6. Tata Institute of Social Sciences, Centre for Socio legal Studies and Human Rights, Professor Asha Bajpal, Law relating to Child Protection, Pp:1-2 End-Notes [1] LECTURER- St. wlfred law college ajmer. Email- [email protected] [2] “Critical Evaluation of Children and Human Rights:” K. Illakiya , S. Kanchana Ratnam 1 -Research Scholar, PG & Research Department of Public Administration, Presidency College, Chennai-600 005, India 2 -Assistant Professor, PG & Research Department of Public Administration, Presidency College, Chennai-600 005, India [3] http://www.crin.org/resources/news/ [4] Bajpal Asha, (2006). “Child rights in India: Law, Policy and Practice, New Delhi, 2nd Edition, pp.10 to 30 [5] Kagzi, (2001). “Constitution of India”, Indian Law House, New Delhi, 6th Edition, Volume II [6] Franklin, B. (2001) “The new handbook of Children’s Rights: Comparative policy and practice” Routledge.p19 [7] 2007, Tata Institute of Social Sciences, Centre for Socio legal Studies and Human Rights, Professor Asha Bajpal, Law relating to Child Protection, Pp:1-2 [8] Freeman, M. (2000) “The Future of children’s Rights,” Children and Society. 14(4) p277-93

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Protection of Children from Neglect and Abuse in India

Table of contents, introduction, experiment models of child abuse & neglect, what we have learnt, child protection: assigning responsibility, education and empowerment of families, role of the community, public health approach, recommendation, india country experiences & magnitude of problem, wider implications of “protection”, effective child protection systems, child protection for urban poor, protection of children in underserved rural village, role of non government organization’s (ngo’s), role of government, prevention of children from sexual offences (pocso act 2012), role of professionals, corporate sector, religious institutions, monitoring, data collection, research & evaluation.

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Essay on Child Rights for Students in English [500+ Words]

January 3, 2021 by Sandeep

Essay on Child Rights: The sound development of a child in terms of physical, mental, emotional and social growth is the essential right of every child. Children can express their claim to these rights without any hesitation. Right to education is also a fundamental right, and these factors have been placed on world agenda tables. The UN General Assembly has adopted these rights as universal claims, and any form of discrimination/ violence against children can attract penal action against offenders.

Essay on Child Rights 500 Words in English

Below we have provided Child Rights Essay in English, suitable for class 3, 4, 5, 6, 7, 8, 9 & 10.

Child rights are the sub-category of human rights catering, especially to the children in terms of their health, education, recreation, family, etc. It also highlights their development and age-appropriate needs that change a passage of time. Three general principles foster all children’s rights,

Non-discrimination – under this, every child is treated equally and has a right to strengthen their potential at all times. For instance, every child will gain access to education irrespective of its gender, nationality, caste, disability or another status.

Opinion of the child – the child wants to be heard and understood; that’s why the voice of the children is pivotal in their overall development. For example, the parents or the elders of the house should take into consideration their children’s needs before making decisions that will further cause damage.

Right to inclusive education – A child with a disability should receive equal access to training and development without being neglected.

United Nation Convention has listed the below rights for the children who come under the age of 18. These rights embody the freedom of children, favourable family environment, leisure, education, health care and cultural activities.

Right to Survival

  • Right to live with respect.
  • Right to be born.
  • Right to have access to basic food, clothing and shelter.

Right to Protection

  • Right to be protected from violence.
  • Right to be protected from drugs.
  • Right to be protected from exploitation.
  • Right to be protected from abandon.

Right to Participation

  • Right to freedom of voice.
  • Right to freedom of expression.
  • Right to freedom to form an association.
  • Right to information.

Right to Development

  • Right to learn and explore.
  • Right to rest and play.
  • Right to seek education.
  • Right to overall development-emotional, physical and psychological.

Significance of Children’s Rights

Children’s are not a commodity or an item to be owned by the parents or the society, but an individual who possesses equal status as a member of the human race. They have their likes and dislikes, which assists them to harness their energy for future growth. Parents can love, care and nurture children through guidance and advice gradually. They need to be thrust towards independence continuously. The sense of accountability needs to be developed by providing necessary tasks so that they realize their value and voice.

The course of their progress determines the future of the children and the country as a whole. The devastating changes like climate change, globalisation, the disintegration of the family, mass migration, etc. affects children to a massive level crippling their identity and social welfare. In situations like armed conflict and other national emergencies, the conditions worsen. Children are vulnerable and susceptible to health risks. The repercussions of disease, malnutrition and poverty endanger their future potential.

They fall prey to sordid living conditions, poor health-care, lack of safe water and housing and environmental damage. Because of all these reasons, children are deprived of the proper home as they are left on the streets. Not only the government but also the citizens of the nation should take charge of enhancing their requirements and taking an initiative to bring change. It is paramount to show respect and appreciation towards children as it helps them to develop healthy mentally. By doing so, their personality is not disabled, and they feel part of society.

10 Lines on Child Rights

  • The declaration of Child’s Right was established in the year 1924.
  • The rights were formulated by saving the children founder, Eglantyne Jebb.
  • The most important rights are- survival, developmental, protection and participation rights.
  • It is an extension of human rights, especially for children below 18 years of age.
  • These rights emphasize on the age-appropriate needs.
  • The violation of the rights includes violence, poverty, and discrimination.
  • The United Nation Convention has further elaborated the rights for better understanding and knowledge.
  • Through these rights, the government is encouraging people to contribute through donations, adoption and sponsorship.
  • Also, these rights stress on having their opinion and say in every decision taken for their betterment.
  • The government, through its efforts, is urging people to be vigilant around what is happening and report if there is any violation regarding the rights of the children.

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