Our children should get right to better life
They need protection against violence, abuse, economic & sexual exploitation
“Safety and security don’t just happen, they are the results of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear.” ~ Nelson Mandela
During the peak of the Industrial Revolution, children toiled in grim factories enduring long hours with meager pay. They were often preferred to adults since they could be employed at a cheaper rate. This exploitative practice resulted in long working hours, severely hampering the children’s mental, physical and emotional growth.
There was an International Convention called the United Nations Convention on the Rights of the Child (UNCRC) which defines a child under Article 1 as being below the age of 18 years.
The General Assembly of the United Nations approved the CRC on November 20, 1989. The Convention was formally opened for ratification on January 26, 1990. The Government of India ratified the UNCRC on December 11, 1992.
Having explored the international standards set by the UNCRC it is pertinent to mention the legal framework that underpins the protection of children by the Constitution of India which is the Supreme law of the land.
Our founding fathers of the Constitution were cognizant of the fact that children required special protection and have incorporated special provisions under parts III and IV, which are the fundamental rights and the Directive Principles of State Policy, respectively. Part III of the Constitution is the justiciable part while Part IV is non-justiciable.
It is worth mentioning that the 42nd Constitutional Amendment Act added Part IVA which is the Fundamental Duties to the Constitution of India. Originally, it had 10 Fundamental Duties of which the 86th Amendment Act, 2002, added one more fundamental duty, which is Article 51-A(k), putting the onus on the parent or guardian to provide opportunities for education to his child.
Part III of the Constitution of India deals with Fundamental Rights. Some of the provisions that are relevant to children are:
- Article 14-Right to Equality, including equality before the law and equal protection of the law
- Article 15-Right against Discrimination, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
- Article 15 (3): ‘Nothing in this Article shall prevent the state from making special provision for children’
- Article 19 (1) (a): ‘All citizens shall have the right to freedom of speech and expression and is also applicable to children’
- Article 21 A: ‘The state shall provide free and compulsory education to all children of the age 6- 14 years’
- Article 23: Right to be protected from being trafficked and forced into bonded labour
- Article 24: ‘Prohibits employment of children below the age of 14 years in any factory, mine or hazardous employment’
Part IV of the Constitution of India deals with Directive Principles of State Policy:
Though the Directive Principles of State Policy are non-justiciable, the courts have often utilised it as a framework for interpreting and applying Constitutional protection for children.
There are several legislations in India for the protection of child rights:
- Protection of Children from Sexual Offences Act,2012 (POCSO)
- Juvenile Justice Care and Protection of Children Act, 2015 (JJA): This Act provides two categories of children —
- Children in conflict with law (CCL)
- Children in need of care and protection (CNCP)
The New Penal Code that is the Bharatiya Naya Sanhita, 2023, has dedicated the chapter specifically addressing children from Sections 91-99 emphasising its significant focus on safeguarding and promoting the rights and welfare of young individuals.
Justice Bhagwati once said, “That the child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into maturity, into fullness on physical and vital energy and most breadth, depth and height of its emotional, intellectual and spiritual being.”
Children, being the supremely important national assets, require special care and protection against all forms of violence, abuse, economic exploitation, sexual exploitation and all other forms of exploitation because children are innocent, helpless, vulnerable and are yet to be developed.
