Child Rights in India

2003

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

Half necked child begging at Traffic signal, a small boy serving tea and eatables at a canteen, Children working as rag pickers collecting empty water bottles at railway stations, minor girls dressed as seductive as they can and trying to attract potential customers for prostitution in red light areas of metro cities are quite common scenes and are therefore fresh in our memories.

isara solutions, 2019

In the present times protection of children from all kinds of exploitation and abuses has become the main objective of our society. There have been many instances of child exploitation in the form of sexual molestation, child marriage, underfeeding, verbal abuse, child battering, child prostitution, child pornography and child labour which indirectly highlights our society’s own failure to protect our future generations. Child protection is regarded as one of the main responsibility of the government as well as the society and considering the challenges and problems faced by the children. In this article we have specifically written about the various kinds of atrocities faced by children and included a case study, local laws and suggestion on child rights in India. And the aim of this study is to evaluate how effectively the child exploitation can be prevented and to provide the needed directions to the parents and Government about their responsibilities to guarantee the rights and human rights of the child and also to reduce the vulnerability of children in harmful situations.

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I must thank the organisers for giving me this opportunity to share some of the thoughts of NCPCR on protection of child rights and its linkages to the way in which budgeting is done. I do hope that this conference will enable developing solutions which can help achieve our shared vision for children -including the realization of the right to nutrition, health, and education, the eradication of child labor, child marriage and trafficking, end to violence and abuse and restoring freedom and dignity to all our children in the age group of 0-18 years.

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.

The Clarion- International Multidisciplinary Journal

The Constitution of India provides for free and compulsory education for children from 6-14 years under Article 21A. This is now also a fundamental duty of parents and guardians to educate the children from 6-14 years under Clause(K) of Article 51A.The 86 th Amendment of the Constitution of India in 2002 has brought about a seachange to millions of lives who are from 6-14 years. The U.N. Convention on the Rights of the Child 1989 brought all children under one umbrella to safeguard their Human Rights. This paper represents the rights of children under the constitution relating to human rights, Right to Education, rights of the children below the age of 6 years, rights against exploitation, child labour, policies of the government regarding children, national policy for children, national policy of education regarding children, national health policy and also different judicial decision on above matters.

"Child Sexual Abuse or child molestation is a form of child abuse in which any person uses a child for sexual stimulation. Child Sexual Abuse can be of many kinds like touching in private parts, taking obscene photos, showing child pornography picture to child etc. In India, sexual abuse against girl child has added fuel to the fire and it had made its place in one of the hot topic for debate and research in India. In Delhi, a girl aged 5 years was brutally raped by 2 men and she was left in the bushes with bleeding in her genital area. A girl who don"t know the meaning of rape is raped and due to the failure of our executive as well as judiciary system still now the culprit are moving free in search of new victim and are not arrested yet due to absconding. A survey by United Nations International Children Education Fund (UNICEF) on demographic and health was conducted in India from 2005 to 2013 and it reported that 10% of Indian girls experience sexual abuse between 10-14 years of age. It is believed to be true that mostly the cases of Child Sexual Abuse include the people who are well known with the victims. As a result of this, the family members don"t go to police station for complaining about Child Sexual Abuse. Child Sexual Abuse in India is governed by "Protection of children from Sexual Offences Act 2012". Instead of having a strong law for Child Sexual Abuse, due to the lack of awareness among people and old mentality of harm to reputation of families in society, they avoid to register complaints. Through this research paper I will discuss about the socio-legal issues of Child Sexual Abuse and its remedy.