PROTECTION OF CHILD RIGHTS IN INDIA

Protection of child rights in India

The blog ’Protection of child rights in India’ is written by Mr Tapan Kumar Das, the skill development officer of MIES RM Law College defines a fundamental aspect of constitutional governance, human rights law, and social justice. Children, as the most vulnerable section of society, require special legal safeguards to ensure their physical, emotional, and psychological well-being. From protection against child labour, trafficking, abuse, and child marriage to the guarantee of education, healthcare, and dignity, India has developed a robust legal and policy framework aligned with international conventions such as the United Nations Convention on the Rights of the Child (UNCRC). Understanding child rights through legal, constitutional, and institutional perspectives is essential for law students, legal professionals, and policymakers committed to building a just and humane society. At MIES R.M. Law College, Sonarpur, South Kolkata, one of the best law colleges in West Bengal, students explore the constitutional and legal dimensions of democracy as part of their 3 years law college program. Being a Bar Council of India-approved law college, affiliated with Vidyasagar University, the institution offers quality legal education in India with opportunities in law practice, internships, placements in law firms, and law officer careers, making it a top choice for aspiring legal professionals.

1. Introduction to PROTECTION OF CHILD RIGHTS IN INDIA

Protection of child rights means safeguarding children from violence, abuse, and exploitation €and ensuring their physical, emotional, and psychological well-being is protected through a legal and social framework.

This includes providing basic needs, education, healthcare, and protection from harmful practices like child labour, trafficking, and child marriage, with the ultimate goal of creating a secure environment for children.

2.   Major International Conventions and Declarations

The rights and protection of children have consistently been a major focus for the global community. The “United Nations Treaty on the Rights of the Child (UNCRC)” represents a significant achievement in international human rights law and serves as the main framework for children’s rights worldwide. India ratified this convention in “December, 1992”. The “Declaration of the “Rights of the Child” was adopted in 1924 by the League of Nations, which subsequently evolved into the United Nations, and this initiative laid the groundwork for the UN CRC.

1. Declaration of the Rights of the Child, 1924(DRC-1924).
2. Universal Declaration of Human Rights (UDHR-1948).
3. Declaration of Rights of Child,1959.
4. International Covenant on Economic, Social, and Cultural Rights (ICESCR),1966.
5. International Covenant on Civil and Political Rights (ICCPR),1966.
6. Convention on the Elimination of all Forms of Discrimination against Women,1979
7. United Nations Convention on the Rights of the Child (UNCRC),1989.
8. Hague Convention on Inter-Country Adoption,1993.
9. Hague Convention on the Civil Aspects of International Child Abduction, 1980.
10. Justice in Matters involving Child Victims and Witnesses of Crime.
11. Convention on the Rights of Persons with Disabilities and its Optional Protocol 2006.

3. Legal Framework/Laws for Children in India

India has several laws to protect children including: –

1. The Juvenile Justice (Care and Protection of Children) Act, 2015
2. The Right of Children to Free and Compulsory Education Act, 2009
3. The Protection of Children from Sexual Offences (POCSO) Act, 2012
4. The Prohibition of Child Marriage Act, 2006
5. The Child Labour (Prohibition and Regulation) Act, 1986
6. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
7. The National Food Security Act, 2013
8. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994
9. The Factories Act, 1948
10. The Mines Act, 1952

4. Rights of Children in the Constitution of India

India acknowledges children as equals to adults and considers them deserving of the nation’s protection and care.

• Article 14 (Right to Equality)

Article 14 states that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

• Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth)

Article 15 forbids discrimination based on religion, race, caste, sex, or place of birth. Clause (3) of this article permits the state to establish special provisions for children, acknowledging their vulnerability and the necessity for enhanced protections.

• Article 21 (Protection of life and personal liberty)

Article 21 ensures the right to life and personal liberty for every individual, including children. The judiciary has interpreted this right to include multiple facets of children’s welfare, such as their rights to health, nutrition, education, and a secure environment.

• Article 23 (Prohibition of traffic in human beings and forced labour)

Article 23(1): Traffic in human beings and the beggarand other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.

Article 23(2): Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

• Article 46 (Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections)

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

The Constitution of India further grants specific rights to the children of India in alignment with the United Nations Conventions on the Rights of the Child. The National Commission for Protection of Child Rights (NCPCR) was established in March 2007 under the Commission for Protection of Child Rights Act, 2005, which is an Act of Parliament enacted in December 2005. The rights conferred are:

• Article 21A (Right to Education)

Article 21A, introduced by the 86th Constitutional Amendment Act of 2002, requires that all children aged 6 to 14 receive free and compulsory education. This provision highlights the significance of education in empowering children and facilitating their overall development.

• Article 24 (Prohibition of employment of children in factories, etc.)

Article 24 forbids the employment of individuals under the age of 14 in factories, mines, or any other dangerous occupations. This regulation is essential for safeguarding children from exploitation and guaranteeing their right to a secure and healthy childhood.

• Article 39 (e) (Certain principles of policy to be followed by the State)

Article 39(e) of Constitution of India states 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 that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

• Article 39 (f) (Certain principles of policy to be followed by the State)

Article 39(f) of Constitution of India provides that that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Every child is entitled to the protective shield of their nation; however, certain groups are more susceptible to exploitation and violence than others. These groups include victims of gender discrimination, child marriage, child labor, and similar issues. The Indian Constitution contains several provisions aimed at safeguarding children from potential and ongoing exploitation or discrimination. These provisions include:

• Article 24: Prohibition of employment of children in factories, etc.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

• Article 39: Certain principles of policy to be followed by the State.

The State shall, in particular, direct its policy towards securing

• that the citizen, men and women equally, have the right to an adequate means of livelihood
  • that the ownership and control of the material resources of the community are so distributed as best to subserve the common good
  • that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
  • that there is equal pay for equal work for both men and women
  • that the health and strength of workers, men and women, and the tender age of children are not abused and that 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 that childhood and youth are protected against exploitation and against moral and material abandonment.
• Article 45 Provision for free and compulsory education for children.

The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

5. Initiative at National Level: –

Several official documents show the state’s concern for children and encourage child welfare programs. As an example, Article 24 of the Indian Constitution forbids the employment of children under the age of 14 in hazardous jobs, while Article 4 of the Constitution mandates free and compulsory education for all children up to the age of 14. According to the Constitution (Article 45). When it comes to children, the State Policy Directive Principles show that the government means business. Thus, India’s children are protected by constitutional guarantees.

      India’s 1974 National Policy on Children acknowledges the responsibility of the state towards children. India stands out as one of the few nations with a dedicated child welfare strategy. The objective of this policy is to guarantee the comprehensive physical, mental, and social development of children both before and after birth.

This policy document serves as a framework for planning initiatives, programs, services, and various child welfare activities. Rane (1986) pointed out several deficiencies in children’s policy, such as insufficient care for girl children, the prevalence of child labor, and instances of child abuse. Additionally, population, health, and education policies, which significantly influence child development, are not interconnected. The following are the children’s policy in the context of the U.N. Convention on the Rights of the Child.

a)Ministry for Women and Child Development

In 1985, the Ministry of Human Resource Development, which later transformed into the Ministry of Social Justice and Empowerment, established a division focused on promoting the welfare of women and children. The ministry’s responsibility is to guarantee that all women and children achieve their maximum potential. It formulates plans, policies, and programs; enacts or amends legislation, and coordinates the efforts of both governmental and non-governmental organizations committed to child development. Additionally, the ministry oversees several innovative initiatives aimed at supporting young women and children.

b)     National Human Rights Commission

The NHRC is an independent government agency that was created under the Protection of Human Rights Act, 1993. The National Human Rights Commission formulates its operations and policies in accordance with these principles, which have received ratification from both the United Nations General Assembly and the United Nations Commission on Human Rights.

c) National Commission for Protection of the Child Rights

The National Commission for the Protection of Child Rights Act, 2005 aims to establish a National Commission at the federal level along with State Commissions at the state level. In 2007, the government established a dedicated entity to protect the rights of children. The objective of this body is to guarantee the effective enforcement of children’s rights and to ensure the proper implementation of laws and programs related to these rights.

d) Central Advisory Board on Child Labour

   On March 4, 1981, the Central Advisory Board on Child Labor was formed. The responsibilities of the Board encompass:

i. Evaluating the implementation and management of existing laws by the National Government.

ii. Making legislative and social welfare recommendations aimed at improving the welfare of working child

iii. Assessing the effectiveness of welfare programs designed for working children.

iv. Identifying the sectors and regions where child labor needs to be systematically eliminated.

6. Role of Voluntary Organizations: –

Voluntary organizations have historically taken the lead in the development of services for children and the initiation of innovative projects. The government and non-profit entities have collaborated to tackle the challenges faced by children. The National Policy for Children and the National Plan of Action for children provide support and reinforcement to non-profit organizations, with the expectation that the initiatives from both the government and non-profit sectors will work in harmony with each other. Members of voluntary agencies at the national or state level are disproportionately represented on advisory bodies, consultative committees, expert groups, and task forces that the government periodically appoints to create specific projects or programs, assess particular government schemes, and explore the issues affecting specific groups of children.

Voluntary organizations have played a significant role in shaping national policies regarding children. Additionally, they have contributed to the development of child services that are centered around families and communities. These organizations advocate for the needs of children and the provision of suitable services. Furthermore, they assist in fostering public support for a new approach to children’s rights programs. Numerous non-profit organizations have been at the forefront of child advocacy and empowerment efforts.

The 50th Anniversary edition of UNICEF (1996b) examines the evolving focuses, priorities, and commitments of the organization. During the 1950s, UNICEF prioritized children’s welfare; in the 1960s, it adopted a developmental strategy. By the 1990s, the organization had developed a children’s rights approach and began assisting nations in achieving child-centered objectives.

Organizations such as Save the Children, CARE, the International Council on Child Welfare, and Catholic Relief Services also contribute to youth initiatives. The Save the Children Fund (U.K.) asserted in their publication Towards a Children’s Agenda: New Challenges for Social Development that it is crucial to prioritize children in policymaking for development strategies to genuinely enhance people’s lives. Organizations like Human Rights Watch, Defense for Children International, the International Society for the Prevention of Child Abuse and Neglect, and End Child Prostitution in Asian Tourism (ECPAT) strive to safeguard children from abuse and exploitation. The significance of child advocacy is highlighted by an examination of the situation of children in India, which encompasses the challenges faced by children, relevant laws, and existing programmes.

7. Prevention and Rehabilitation

            The goal is not just to respond to violation but a;lso to prevent them. The frame work includes mechanisms & provides for the rehabilitation of children who are destitute, abandoned or orphaned through adoption or foster care.

8. Implementation Challenges

While India has a comprehensive legal and policy frame work, the effective implementation of these laws is a challenge due to factors like need for better services on the ground.

9. Conclusion

As we conclude this exploration of children protection rights in India, if becomes evident that the rights are not mere words but promises that we, as a society, must fulfill. By upholding the rights of children in India, we can create an environment to equip children for a better tomorrow. Through the combined efforts of the government, NGOs, communities & individuals, we can ensure that the rights are the guiding principles that shape a brighter future for our children. Let us reaffirm our commitment to safeguarding and promoting the right of all children.

The protection of child rights in India is not only a legal obligation but also a moral and social responsibility that determines the nation’s future. Despite the presence of comprehensive constitutional provisions, legislation, and policy initiatives, effective implementation and societal awareness remain critical challenges. Strengthening child protection mechanisms requires coordinated efforts from the government, judiciary, voluntary organizations, educational institutions, and civil society. At MIES R M Law College, Sonarpur, South Kolkata, students are trained to critically examine child rights laws, constitutional safeguards, and international human rights standards. As a Bar Council of India-approved law college affiliated with Vidyasagar University, the institution emphasizes legal education in constitutional law, human rights, juvenile justice, and social welfare legislation. By preparing future legal professionals to advocate for child protection and social justice, MIES R M Law College contributes meaningfully to the creation of a safer, more equitable environment where every child’s rights are respected, protected, and fulfilled.