INTRODUCTION
Children are the future of a nation, and the situation of a nation’s children is the most accurate gauge of the nation’s growth. Children in India and worldwide have a right to various specific laws, but proper execution is the only way to realize them. Child rights violations include abuse, trafficking, poor health facilities, hunger, and so on. The United Nations Convention on the Rights of the Child prompted the creation of plans, initiatives, and other programs to combat child rights violations.
A country with a sufficient population level, such as India, must focus more on enforcing all legislation, laws, and regulations issued as notifications and conducting periodic evaluations. Considering the existence of both international and national standards, young children remain insecure and necessitate unusual care and protection.[1]
The Indian Constitution confirms children’s rights through a variety of sections. While under consideration, the Constitution includes most of the provisions for children’s rights established by the 1989 UN Convention on the Rights of the Child under the Fundamental Rights and in the DPSP.
WHO AMONG US IS A CHILD?
A child can be described as someone who is under the legal age of eighteen. Children serve as the future of the world as a whole. Their growth is crucial for the nation’s success. Many sectors have made quick progress in granting children fundamental rights.
WHAT EXACTLY CONSTITUTES CHILDREN’S RIGHTS?
The fundamental prerequisites for children are known as their rights. Children’s rights are legal protections for people under the age of 18. According to the UN Convention on the Safety and Liberties of Every Child, children possess essential freedoms and rights that should be guaranteed to everyone below eighteen years old. Specialized rights cover staying alive, safety, presence, and development.[2]
India’s statutes and global legal frameworks, which we have adopted, provide many norms and rights. The Indian Constitution guarantees a variety of rights, particularly for children. Furthermore, children, like any other Indian adult, male or female, have several common rights as valid citizens of India. These rights apply to everyone, regardless of any restrictions.[3]
CONSTITUTIONAL LAWS PROTECTING THE RIGHTS OF CHILDREN ACROSS INDIA.
The Constitution guarantees rights and safeguards for children through numerous sections. Children require extra attention and security due to their vulnerability and immaturity. They are entitled to particular rights and legal advantages recognized both domestically and internationally. The Constitution acknowledges the privileges of children and includes provisions for compulsory and unfettered study. Freedom and growth in early life, equality in educational globes, and prohibition of working in manufacturing plants, mines, and unsafe environments.[4]
RIGHT TO EQUALITY
The state must ensure that every citizen is treated equally under the law and receives equal legal defense. All Indians, including children, have the right to equality, free from discrimination and unfair treatment. Children are small and vulnerable, making them easily manipulated or overlooked. According to what was mentioned above, they are treated as any other citizen under the law and protected by it.[5]
In the matter of Gaurav Jain versus the Union of India[6], the highest court of India ruled that segregating prostitutes’ children from other children would be damaging to their well-being. It asserted that children of prostitute ladies have a similar right to equal opportunities and to be treated with respect, diligence, and safety. They should be able to enjoy regular social lives without being disregarded.
RIGHTS AGAINST DISCRIMINATION
Article 15 in the Indian Constitution prohibits discrimination based on race, caste, etc. Article 15(1) states that no citizen will be discriminated against solely due to his religion, race, caste, gender, place of birth, or any other combination of them. Additionally, Article 15(3) provides that the state does not have to refrain from creating specific measures for women and children.
RIGHT TO FREEDOM OF EXPRESSION
Every Indian citizen has a fundamental right to free speech and expression under Article 19(1)(a). This fundamental right applies to all people, especially Indian children. Children enjoy the freedom of speech as long as their thoughts and expertise do not damage others.
THE RIGHT TO INDIVIDUAL LIBERTY AND THE DUE PROCESS OF LAWS
A citizen may not be stripped of their lives, personal liberty, or due to law. Every child has a fundamental right to appropriate shelter, clothing, and food. The Constitution integrates the importance of proper nutrition and health for youths into this article.
In the matter of Kishan Pattnayak versus the States of Orissa[7], the plaintiff filed a writ petition describing the acute poverty in Kalahandi in Orissa, where hundreds of people, including children, died due to a food crisis. People were compelled to trade their kids for food. This instance emphasized the issue of food insecurity and poverty’s impact on children. The Supreme Court instructed government officials to initiate immediate steps to combat hunger and poverty.
RIGHT TO EDUCATION
The state assures that all children aged 6 to 14 receive a free and compulsory education. In the case of Mohini Jain versus the State of Karnataka[8] as well as Unnikrishnan versus the State of Andhra Pradesh[9], it was proposed that the right to receive an education should be a basic right. Until then, the right to education was considered a non-enforceable obligation under the Directive Principles for the State’s Policy. The Supreme Court ruled that the fundamental right to life encompasses the right to education, integrating it as a basic right under Article 21-A.
ELIMINATION OF TRAFFICKING IN PERSONS AND FORCED WORKERS
Humans are unable to be trafficked or compelled into bonded work. The trafficking of children exists in our culture, leading to a spike in child begging, sexual exploitation of minors, and forced work, which this article sanctions.
In the matter of Vishal Jeet versus Union of India[10], the Supreme Court made many orders to put an end to child sexual exploitation. It directed the establishment of rehabilitation institutions for sexually exploited youngsters, street beggars, and minor females forced into prostitution.
In the matter of Bandhua Mukti Morcha versus Union of India[11], the highest court of India decided that if the state does not take steps under the Bonded Labour Systems Act of 1976, it will violate the provisions of Article 23 within the Indian Constitution.
RIGHT TO BE PROTECTED IN OPPOSITION TO EXTREMELY HAZARDOUS OCCUPATION
As per Article 24 of the Indian Constitution, every child under the age limit of 14 must be safeguarded from working in factories, mines, or any other risky job conditions.
RIGHT TO BE SHIELDED AGAINST HARASSMENT
Article 39(e) within the Indian Constitution states that workers’ health and strength, as well as children’s youthful age, are not invaded and that there is a right to be safeguarded from abuse rather than compelled by financial constraints to pursue hobbies or minor jobs that are unsuitable for their ages or energy.
RIGHT FOR EQUAL OPPORTUNITY AND RESOURCES
According to Article 39(f) of the Indian Constitution, children shall be given equal opportunity and facilities for healthy development, as well as an atmosphere of freedom and dignity. Also, children and adolescents are protected from abuse and abandonment on both sides.
CHILDREN HAVE A RIGHT TO RECEIVE EARLY CHILDHOOD EDUCATION AND CARE
The state aims to deliver an obligatory education for free to all children under the age of fourteen within ten years after the passage of this act. Article 45 provides that even if a child is not safeguarded by its parents or does not have any parents, the state bears responsibility for the child’s growth and free and mandatory education until the child reaches the age of fourteen.
The highest court of India held via M. C. Mehta Versus the States of Tamil Nadu [12]that the rules of Article 45 have remained a utopia and that all children under the age of 14 must be supported by a state to attend school. In contrast, adult children are obliged to pursue jobs owing to fiscal need.
RIGHT AGAINST DISCRIMINATION AND ANY FORM OF EXPLOITATION
The state must promote the academic and financial needs of the weakest sectors of society, including children, while simultaneously protecting them from all sorts of discrimination and injustice.
CONCLUSION
India has a wonderful and diverse culture, but it is regrettably stained by some societal ailments that are deeply ingrained in society and continue to haunt us now. As assaults on children nationwide increase at a scary pace, the Constitution provides a thoughtful set of protections for children. However, despite the numerous rules and provisions, several problems remain. There have been several cases in which kids received no justice.
Author(s) Name: Rishabh Krishan (Amity University Jharkhand)
Reference(s):
[1] Snehats ‘ Child Rights and the Constitution’ <https://www.legalserviceindia.com/legal/article-1466-child-rights-and-the-constitution.html > accessed on 21 April 2024
[2] Ibid
[3] Nishka Kamath ‘Rights of a child in India: a comprehensive guide’ (18 December 2021) < https://blog.ipleaders.in/rights-of-a-child-in-india-a-comprehensive-guide/ > accessed on 22 April 2024
[4] Parvathy S.L. ‘Legal framework for the protection of child rights’ ( 6 December 2020) < https://blog.ipleaders.in/legal-framework-protection-child-rights/#Landmark_decision_on_the_rights_of_children > accessed on: 22 April 2024
[5] Malvika Verma ‘Constitutional Provisions Relating to Protection And Welfare Of Children’ (20 February 2021) < https://lawcorner.in/constitutional-provisions-relating-to-protection-and-welfare-of-children/#3_Article_45 > accessed on 21 April 2024
[6] Gaurav Jain v. Union of India (1997), 8 SCC 114
[7] Kishen Pattnayak & Anr vs. State of Orissa (1989) SCR (1) 57
[8] Miss Mohini Jain vs. State of Karnataka and Ors. (1992), AIR 1858
[9] Unni Krishnan, J.P., and Ors. Etc. vs. State of Andhra Pradesh and Ors. (1993) 1 SCR 594 (SC)
[10] Vishal Jeet vs. Union of India and Ors. (1990) AIR 1412
[11] Bandhua Mukti Morcha vs. Union of India & Others (1984) AIR 802
[12] M.C. Mehta vs. State of Tamil Nadu and Ors. (1991), AIR 41
