Child Rights

**Historical Perspective on Child Welfare:**

- The term 'child' has its etymological roots in the Latin word 'infans,' which means the one
who does not speak.
- The definition of a child varies based on international and national laws. In India, a person
is considered a major upon reaching the age of 18 years according to the Indian Majority
Act, 1875.
- Earlier approaches to child welfare were characterized by the dominance of authority and
control, with fathers having absolute rights over their children.
- The traditional Indian view of child welfare was based on values like daya (compassion),
dana (charity), dakshina (alms), bhiksha (begging), ahimsa (non-violence), and tyaga
(renunciation).
- The shift from a 'welfare' approach to a 'rights' approach is a significant development in
child welfare.

**The Rights-Based Approach:**

- The rights-based approach is centered around concepts of social justice, non-
discrimination, equity, and empowerment.
- The United Nations Convention on the Rights of the Child (1989) embodies the rights
perspective and is a landmark in international human rights legislation.
- India ratified this Convention in December 1992, committing to ensuring the basic human
rights of children, including civil, economic, social, cultural, and political rights.
- Civil rights encompass protection from torture and maltreatment, and the establishment of
special rules for the circumstances under which children may be deprived of their liberty.
- Economic rights include the right to proper development and protection from exploitation
at work.
- Social rights encompass access to the highest attainable standard of health services,
protection from sexual exploitation, and the regulation of adoption.
- Cultural rights include the right to education.

Right to Education
**Importance of Education:**
- Education serves as the transmission of values and accumulated knowledge of a society.
- It helps children understand their culture, shapes their behavior as they transition to
adulthood, and guides them in fulfilling their roles in society.
**Right to Education in the Indian Constitution:**
- The right to education is considered one of the fundamental rights enshrined in the
Constitution of India under Article 21 A. This article was inserted by the 86th constitutional
amendment.
- Article 21 A mandates that the state must provide free and compulsory education to all
children aged six to fourteen (6-14 years).
- The state is also required to promote the educational and economic interests of
marginalized sections of society, particularly the Scheduled Castes and the Scheduled Tribes.
- The state's duty to ensure the right to education is subject to its economic capacity and
development.
- Parents or guardians are legally obligated to provide educational opportunities to their
children or wards between the ages of six to fourteen (6-14 years). This duty is outlined in
Article 51 A sub-clause (k), inserted by the 86th constitutional amendment.

**Right of Children to Free and Compulsory Education Act (2009):**

- The Parliament of India passed the Right of Children to Free and Compulsory Education Act
in 2009 to uphold and operationalize the right to education.
- The Act ensures that children, regardless of their economic condition, have access to
education.
- It makes education free and compulsory for children between the ages of six and fourteen
(6-14 years).
- The financial burden for implementing this right is to be shared by both the state and the
central government, with funding distributed according to the Sarva Shiksha Abhiyan
program.
- The Act includes a provision for a 25% reservation for economically disadvantaged
communities in all private and minority schools.
- Private schools face penalties for violating any provision of this Act.

Right to Health
**Definition of Health:**
- Health is defined as a state of complete well-being encompassing physical, mental, and
social aspects.
- It is not merely the absence of disease or infirmity but the attainment of the highest
possible standard of health.
**Fundamental Rights and Equality:**
- Every human being, regardless of factors such as race, religion, political beliefs, economic
or social condition, has a fundamental right to enjoy the highest attainable standard of
health.
- This right is applicable to all without discrimination.
**Importance of Child Health:**
- The healthy development of children is deemed one of their basic needs.
- An environment that enables children to live harmoniously and flourish is essential for their
overall development.
**Benefits of Medical Knowledge:**
- Providing access to medical, psychological, and related knowledge is crucial for achieving
comprehensive health and well-being.
**State's Constitutional Duties:**
- The state has a constitutional duty to ensure the protection of the health and strength of
workers, both men and women.
- The state is also responsible for providing children with opportunities and facilities for
healthy development in conditions of freedom and dignity.
- The childhood of children should be safeguarded against exploitation.
**Protection of Maternal and Infant Health:**
- The state is mandated to protect the health of both mothers and infants through maternity
benefits
**Public Health and Social Welfare:**
- One of the primary duties of the state is to enhance public health.
- It should ensure justice and humane working conditions for its citizens.
- The extension of benefits for sickness, old age, disablement, and maternity is considered.
**Prohibition of Harmful Substances:**
- The state is responsible for prohibiting the consumption of intoxicating drinks and drugs
that are injurious to health.
**Protection of Environment:**
- The state has a mandatory duty to protect and promote a pollution-free environment,
which is vital for the good health of its citizens.
 Right to Shelter
**Components of a Decent Life:**
- A decent life encompasses more than just basic survival. It includes not only food, clothing,
and shelter but also factors such as sufficient light, pure air and water, electricity, sanitation,
and civic amenities like roads.
**Opportunities for Development:**
- A decent living environment should provide individuals with opportunities for growth on
physical, mental, intellectual, and spiritual levels.
**Human and Animal Shelter:**
- The passage highlights a significant distinction between the need for shelter in humans and
animals. While for animals, shelter may be primarily about protecting the body, for humans,
it goes beyond that. Human shelter is considered as a suitable accommodation that allows
individuals to grow in all aspects of life—physical, mental, and intellectual.
**Right to Shelter as a Fundamental Right:**
- The Supreme Court's decisions, as referenced in the passage (Chameli Singh v. State of U.P.,
1996, and Shantistar Builders v. Narayan Khimalal Totame, 1990), have recognized the right
to shelter as an integral part of the right to life.
- The right to life, as per these judgments, includes the right to food, clothing, a decent
environment, and suitable accommodation to live in.

Child Labour
**Definition of Child Labor:**
- Child labor refers to situations where children are engaged in work, and several factors are
considered to determine whether it qualifies as child labor, including the child's age, nature
and hours of work, and working conditions.
- Work that endangers a child's physical, mental, or moral well-being is classified as
hazardous work, which is considered detrimental as it deprives children of their childhood,
potential, and dignity.
**Role of the International Labour Organization (ILO):**
- The International Labour Organization (ILO) was founded in 1919 as the first specialized
agency of the United Nations to address labor-related issues.
- In 1992, ILO initiated the International Programme on the Elimination of Child Labor (IPEC),
with its primary objective being the progressive elimination of child labor.
**Legal Framework in India:**
- The Constitution of India recognizes the right against exploitation as a fundamental right.
- Article 24 of the Indian Constitution prohibits the employment of children below the age of
14 in any factory, mine, or hazardous employment.
- The state is duty-bound to ensure that children are not compelled to engage in occupations
unsuitable for their age due to economic necessity.
**Child Labor (Prohibition and Regulation) Act, 1986:**
- Enacted in 1986, this law aims to ban the employment of children under the age of 14 in
specified occupations and processes.
- The Act also lays down procedures for deciding modifications to the list of banned
occupations and regulates the working conditions of children in employment where it is
allowed.
**National Policy on Child Labor:**
- The National Policy on Child Labor, formulated in 1987, focuses on the strict enforcement
of child labor laws.
- It emphasizes general developmental programs to address child labor and the creation of
special schools for children withdrawn from work.
- The National Child Labor Project (NCLP) scheme was launched in 1988 under this policy to
operate special schools for such children.
**Legislative Actions:**
- In 2006, legislative measures were taken to completely eliminate child labor by extending
the provisions of the Child Labor (Prohibition and Regulation) Act, 1986, to child domestic
workers up to 14 years old working in various industries.

Sexual Abuse
**Definition of Child Sexual Abuse:**
- Child Sexual Abuse encompasses any sexual activity involving a child, whether it's an
interaction between a child and an adult or an older child.
- It includes various inappropriate sexual behaviors such as fondling the child's genitals,
making the child fondle the perpetrator's genitals, intercourse, incest, rape, sodomy,
exhibitionism, and sexual exploitation.
- Perpetrators use deception, threats, or coercive methods to engage the child and maintain
their silence.

**Age of Perpetrators:**
- Child Sexual Abuse can be committed by a person under the age of 18.
- In many cases, there's a significant age, development, or size disparity between the victim
(child) and the perpetrator, rendering the child incapable of giving consent.
**Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012):**
- The Indian Parliament passed the Protection of Children from Sexual Offences Act, 2012, to
address child sexual abuse.
- This Act provides protection to children from various sexual offenses, including penetrative
sexual assault, sexual assault, sexual harassment, and the use of children for pornographic
purposes.
**Prevention and Education Programs:**
- Education programs are developed to raise awareness among children and empower them
to protect themselves.
- These programs have two primary goals: preventing abuse from occurring (primary
prevention) and encouraging children to report past and current abuse (detection).
- Parents play a crucial role in empowering their children to protect themselves, and
programs often target at-risk parents and children with training and social support.
**School-Based Sex Education:**
- School-based sex education is an effective way to reach a large number of young people
and provide them with information about personal safety.

Juvenile Justice
The word ‘juvenile’ has originated from the Latin word ‘Juvenilis’, which means ‘of or
belonging to youth’. Juvenile justice is the area of criminal law applicable to persons who
are not old (mature) enough to be held responsible for criminal acts. A child is born
innocent. The environmental factors that have stirred criminal tendencies in the child
should be held responsible. The removal of these factors might turn the juvenile into a
person of stature and excellence.

History of Juvenile Justice System in India

**Historical Background:**
- The primary legal framework for juvenile justice in India was the Juvenile Justice Act of
1986. This act aimed to provide protection, treatment, and rehabilitation of children,
including delinquent juveniles, and established procedures for adjudicating matters related
to delinquent juveniles.
**UN Convention on the Rights of the Child:**
- The United Nations Convention on the Rights of the Child, adopted in 1989, influenced
Indian legislation by emphasizing the protection of the best interests of juvenile offenders.
The convention discouraged judicial proceedings and court trials against juveniles.
**Juvenile Justice Act of 2000:**
- In response to the UN Convention, the Indian government repealed the Juvenile Justice Act
of 1986 and introduced a new law, The Juvenile Justice (Care and Protection of Children) Act,
2000.
**Amendments to the 2000 Act:**
- The Juvenile Justice Act of 2000 underwent two amendments, first in 2006 and later in
2011, to address implementation gaps and issues. These changes were made in response to
increasing cases of juvenile crimes and significant incidents, such as the Delhi Gang Rape
Case in 2017.
**The Juvenile Justice Act of 2015:**
- The Juvenile Justice (Care and Protection) Act of 2015 replaced the 2000 Act and is the
primary legal framework for juvenile justice in India.
- This law categorizes children as "children in need of care and protection" and "children in
conflict with the law."
- "Children in need of care and protection" includes children without a home, those with
physical or mental challenges, those vulnerable to abuse or exploitation, and children living
on the streets.
- "Children in conflict with the law" refers to juveniles who are alleged to have committed an
offense.
- The Act focuses on the development and rehabilitation of juveniles, following a child-
friendly approach in adjudication and disposition of matters in the best interest of children.
**Supreme Court Decisions:**
- The Supreme Court has emphasized that children should not be kept in observation homes
for extended periods. While in these facilities, children should be engaged in activities
intended to foster adaptability, self-confidence, and the development of human values.
- The Court has also intervened in cases of ill-treatment of juvenile prisoners, taking steps to
protect their rights and ensure they are treated humanely.
Salient features of The Juvenile Justice (Care and Protection) Act, 2015:
a. The Juvenile Justice Act divided the crimes into three different categories i.e. petty
offences, serious offences and heinous offences.
b. Juvenile Justice Boards are constituted in every district to deal with children in conflict
with law. The board comprises of a metropolitan judge and judicial magistrate with two
social workers.
c. Excluding the offence of heinous crimes, for all other cases, the juvenile will get
institutional care for a maximum of three years by the Juvenile Justice Board.
d. If a minor between the age of 16-18 years is accused of committing a heinous crime
(Whether a crime is heinous or not is determined by the Juvenile Justice Board on a case to
case basis), then under the amended law, the minor can be tried as an adult.