UNIT 5 CHAPTER 2 CHILD RIGHTS
Child Rights: Comprehensive Overview
Child rights refer to the fundamental entitlements and protections for children, ensuring their
safety, development, and well-being. These rights safeguard children’s physical, mental, and
emotional health, and guarantee that they are protected from abuse, exploitation, and neglect.
Child rights are enshrined in various national and international legal frameworks. The United
Nations Convention on the Rights of the Child (CRC), adopted in 1989, is the most comprehensive
international treaty on child rights. In India, these rights are protected through the Constitution,
Fundamental Rights, and specific laws designed to promote the welfare of children.
I. Right to Education
The Right to Education (RTE) Act, 2009 guarantees free and compulsory education for all children
aged 6 to 14 years in India. This Act ensures that children receive an education in a non-
discriminatory, child-friendly environment.
Key Features:
1. Free and Compulsory Education: The Act mandates that all children between the ages of 6
and 14 must receive free education in government schools or private schools.
2. Inclusion and Non-discrimination: No child shall be discriminated against based on caste,
gender, economic background, or physical abilities. Private schools must reserve 25% of
seats for children from disadvantaged communities.
3. Quality of Education: The Act requires schools to provide child-friendly curricula, ensure
qualified teachers, and maintain adequate facilities like safe drinking water, toilets, and
playgrounds.
Case Law:
• Unnikrishnan v. State of Andhra Pradesh (1993): The Supreme Court ruled that the right to
education is a fundamental right under Article 21 of the Constitution, which guarantees the
right to life. It established that education is necessary for a child’s development and to live a
life with dignity.
• Example: A private school in India under the RTE Act must reserve 25% of its seats for
children from economically disadvantaged backgrounds. This ensures that children from
lower-income families get the same quality of education as children from more privileged
backgrounds.
II. Right to Health
The Right to Health refers to the entitlement of children to receive adequate healthcare, nutrition,
and immunization services. Access to healthcare is fundamental to ensuring that children can grow,
develop, and live their lives to the fullest.
Key Provisions:
1. Access to Healthcare: Children must be provided with timely medical care, especially in
cases of emergencies or severe illness.
2. Immunization: Children have the right to free immunization against preventable diseases,
such as polio, measles, and tuberculosis.
3. Nutrition: Ensuring children have access to adequate food and nutrition is crucial. Programs
like ICDS (Integrated Child Development Services) address malnutrition and provide free
food to children in underprivileged communities.
Case Law:
• Parmanand Katara v. Union of India (1989): The Supreme Court ruled that the right to
health is an essential part of the right to life under Article 21. In this case, the Court held
that children have the right to timely medical treatment, especially in cases of emergency,
such as accidents.
• Example: National Immunization Days (NID) are organized by the Indian government to
ensure that every child, particularly in rural and remote areas, receives vaccinations against
diseases like polio and measles.
III. Right to Shelter
The Right to Shelter ensures that children, especially those who are homeless or orphaned, have
access to safe housing and basic amenities. This right guarantees that no child is left to live on the
streets without access to protection, food, or a place to live.
Key Provisions:
1. Right to Protection from Homelessness: The state must provide shelter for homeless
children or children who have lost their parents.
2. Rehabilitation: Children found in difficult circumstances must be rehabilitated and integrated
into society, with the state ensuring that they are not subjected to exploitation.
Case Law:
• Chameli Singh v. State of U.P. (1996): The Supreme Court held that the right to shelter is an
essential part of the right to life under Article 21. The Court directed the government to
provide shelter to homeless people, including children.
• Example: Childline India provides temporary shelter homes for children who are
abandoned, neglected, or in distress. These homes offer a safe environment where children
are protected from abuse and given access to education and nutrition.
IV. Child Labour
Child labour is the exploitation of children in work that deprives them of their childhood, their
potential, and their education. India has strict laws to combat child labour, particularly in hazardous
occupations.
Key Provisions:
1. Prohibition of Child Labour: The Child Labour (Prohibition and Regulation) Act, 1986
prohibits children under 14 years from working in hazardous industries.
2. Compulsory Education: The Right to Education Act (2009) ensures that children who should
be in school are not forced into work, especially in industries like mining, firecracker
production, and domestic work.
Case Law:
• M.C. Mehta v. State of Tamil Nadu (1996): The Supreme Court ordered the immediate
removal of child workers from hazardous industries like the firecracker industry and
mandated their rehabilitation.
• Example: In India, Srinivasa (Karnataka) Child Labour Case (1995) led to the eradication of
child labour in certain industries, ensuring that children are not exploited for work in
dangerous conditions.
V. Sexual Abuse
Sexual abuse refers to the exploitation and harm of children through sexual assault, sexual
harassment, or sexual exploitation. The POCSO Act, 2012 was enacted to provide legal protection
for children against sexual offences.
Key Provisions:
1. Criminalization of Sexual Abuse: The POCSO Act criminalizes all forms of sexual abuse and
exploitation of children, including sexual harassment, child pornography, and sexual assault.
2. Protection and Rehabilitation: The Act ensures that victims of sexual abuse are given
medical care, counseling, and legal support. Special courts are designated to try these cases
on a fast-track basis.
Case Law:
• State v. Madan Lal (2013): The Court emphasized the importance of POCSO in safeguarding
children from sexual exploitation. The ruling highlighted that timely action should be taken
against offenders and that victim support services should be provided immediately.
• Example: Under the POCSO Act, police, healthcare providers, and educational staff are
required to report any suspected sexual abuse of children. Fast-track courts are set up to
expedite the trial process, ensuring justice for victims.
Juvenile Justice in India
Juvenile justice refers to the legal principles and procedures established to deal with minors (children
under 18 years of age) who come into conflict with the law or require care and protection. India’s
Juvenile Justice System is based on the premise that children are capable of rehabilitation and
reformation, and that the law should provide for their reformative rather than retributive justice.
The legal framework governing juvenile justice in India is primarily outlined in the Juvenile Justice
(Care and Protection of Children) Act, 2015. This law replaced the earlier Juvenile Justice (Care and
Protection of Children) Act, 2000, to bring the system in line with international standards, especially
those set by the United Nations Convention on the Rights of the Child (CRC), to which India is a
signatory.
Key Features of the Juvenile Justice (Care and Protection of Children) Act, 2015
The 2015 Act focuses on the care, protection, rehabilitation, and reintegration of children who are
in conflict with the law or in need of care and protection due to various circumstances like abuse,
neglect, or abandonment. The Act is progressive in ensuring a child-friendly approach, addressing
the psychosocial needs of children rather than punishing them as adults.
1. Jurisdiction Based on Age:
The Act defines children as individuals under 18 years of age. However, the law distinguishes
between juveniles in conflict with the law and children in need of care and protection.
• Juvenile in Conflict with the Law: A juvenile who has committed an offense.
• Child in Need of Care and Protection: A child who is in a situation of neglect, abuse, or
abandonment, or whose parents or guardians are unable or unwilling to care for them.
2. Categories of Offenses:
The Act classifies offenses committed by children into three categories:
1. Petty Offenses: Offenses which are punishable by a maximum of three years.
2. Serious Offenses: Offenses punishable by three to seven years of imprisonment.
3. Heinous Offenses: Offenses that are punishable by seven or more years of imprisonment.
• The Act introduces a differentiated approach where children committing petty and serious
offenses are treated differently from those who commit heinous crimes.
• Children aged between 16 and 18 years accused of heinous offenses can be tried as adults in
cases where their mental maturity is deemed capable of understanding the nature of their
crime.
3. Juvenile Justice Boards (JJB):
The Juvenile Justice Board (JJB) is a key component of the juvenile justice system. It is a quasi-judicial
body responsible for dealing with juveniles in conflict with the law.
• The Board consists of one principal magistrate and two social workers, one of whom must
be a woman. The board is responsible for investigating the offense, deciding on the degree
of the juvenile’s involvement, and ensuring proper rehabilitation measures are
implemented.
• The JJB conducts proceedings in a child-friendly environment, focusing on the welfare and
best interests of the child.
4. Child Welfare Committees (CWC):
The Child Welfare Committee (CWC) is tasked with addressing issues related to children in need of
care and protection.
• CWC ensures safety, nourishment, and shelter for children who are neglected, abandoned,
or are victims of trafficking or abuse.
• The CWC decides on custody, foster care, or adoption arrangements for children in need of
protection.
5. Juvenile Homes and Special Homes:
The Act provides for the establishment of juvenile homes (for rehabilitation and reintegration of
children in conflict with the law) and special homes (for children in need of care and protection).
• Rehabilitation and Reform: These homes provide a reformative environment for juveniles to
help them reintegrate into society. Children are given education, vocational training, and
psychosocial support.
• Children in special homes have access to counseling, education, and training that focus on
their emotional and psychological well-being.
6. Adoption and Foster Care:
The Act recognizes that the best interests of the child should guide decisions related to their care
and protection. For children who are abandoned, the Act promotes adoption and foster care.
• The Central Adoption Resource Authority (CARA) ensures that the adoption process is
transparent, child-centered, and follows the best interests of the child.
• Foster care is also provided as an option for children who cannot be adopted but need
temporary care and protection.
7. Rehabilitation and Reintegration:
The Act emphasizes the importance of rehabilitating juveniles who have committed offenses and
reintegrating them into society. The rehabilitative approach focuses on the child’s mental health,
education, and social skills to ensure that they are prepared to lead a productive life after being
reintegrated into society.
• Vocational Training and Education: Children are provided with educational support and
skills training in juvenile homes, preparing them for a future where they are capable of
independent living.
8. Strict Punishment for Crimes Involving Children:
The Act also provides stringent punishment for crimes against children. It aims to protect children’s
rights and provide justice to victims of child abuse, trafficking, and exploitation.
• Trafficking of children is a serious offense under the Act, with provisions for punitive
measures against offenders involved in the illegal trade of minors.
9. Role of Police:
The Act outlines a special role for the police in handling children in conflict with the law. The police
are trained to handle juvenile cases in a child-friendly manner, ensuring the child’s dignity and rights
are upheld at all times.
• Police stations are mandated to have juvenile police officers, and in cases involving children,
the police are required to provide the juvenile with legal aid and counseling.
10. Juvenile Courts for Heinous Offenses:
For heinous offenses committed by juveniles aged 16 to 18, the Act allows for the possibility of trial
as an adult if the child’s mental and emotional maturity aligns with the crime. This was introduced
after the Nirbhaya case, where a juvenile involved in the gang rape was not punished severely due to
his age.
• Trial as Adult: Juveniles in this age group accused of heinous offenses are now eligible to be
tried as adults under the new framework, although the decision depends on the degree of
maturity and the nature of the offense.
Examples and Application of the Act
1. The Nirbhaya Case (2012): The involvement of a juvenile in this heinous crime raised a lot of
debate about whether juveniles in such serious cases should be tried as adults. The Juvenile
Justice (Care and Protection of Children) Act, 2015 allowed for a more nuanced approach,
permitting juveniles between 16 and 18 years who commit heinous crimes to be tried as
adults.
2. Child Adoption: In cases where children cannot be rehabilitated with their families, the Act
promotes adoption through a formal process facilitated by CARA. This ensures that children
are not left in a legal limbo and are placed in loving, supportive homes.
Conclusion
The Juvenile Justice (Care and Protection of Children) Act, 2015 is a progressive step towards
recognizing and addressing the rights of children, especially those who are in conflict with the law.
The Act aims to protect children's welfare, ensuring that they are treated with dignity and are
rehabilitated effectively, rather than being punished. This child-centered approach prioritizes
reformation and reintegration into society, aiming to prevent recidivism and offer juvenile offenders
a chance for a better future.
Back exercise answers
Q-1: The United Nations Convention on the Rights of the Child gives all basic rights to a child that
will enable them to achieve their full potential. Explain the cultural and social rights available to a
child.
The United Nations Convention on the Rights of the Child (CRC), adopted in 1989, is the most
widely ratified human rights treaty, establishing global standards for the protection of children. The
social and cultural rights enshrined in the CRC aim to protect children’s ability to grow and thrive in
their cultural contexts while ensuring they are not deprived of their basic needs.
Cultural Rights:
These rights ensure that children can participate in their cultural heritage, express themselves, and
develop a sense of belonging. Cultural rights include:
1. Right to Identity: The right to a name, nationality, and family ties (Article 7). This ensures
that children are registered immediately after birth, which establishes their legal identity.
o Case Law: In Kailash Chandra v. Union of India (2016), the Supreme Court of India
highlighted the importance of registering all children at birth to guarantee their
identity and access to social services.
o Example: Adoption cases where children who are abandoned are given the right to a
new identity under the Indian Adoption Act and the Juvenile Justice (Care and
Protection of Children) Act, 2015.
2. Right to Participate in Cultural Life: This includes children’s right to engage in cultural
practices, access their own cultural identity, and express themselves through art, literature,
or language.
o Example: In India, programs like Kala Utsav encourage students to participate in
cultural activities, preserving regional art forms and traditional performances.
3. Right to Education in the Child's Own Language: Children should be educated in a language
they understand. This is particularly important for children from indigenous tribes or those
with language minorities.
o Case Law: In National Coalition for the Education of Children v. State of Tamil Nadu
(2007), the Supreme Court ordered that tribal children in remote areas must receive
education in their native languages to ensure inclusivity in the education system.
Social Rights:
These rights ensure children have access to basic services and a safe environment conducive to their
development. Social rights include:
1. Right to Health: This guarantees access to healthcare services, nutrition, and immunization
to ensure the physical and mental well-being of children.
o Example: The National Health Mission (NHM) and Immunization Programs ensure
that children in rural and marginalized communities receive timely vaccines and
healthcare.
2. Right to Protection from Abuse: Children have the right to be protected from violence,
sexual abuse, exploitation, and neglect.
o Case Law: The POCSO Act, 2012 (Protection of Children from Sexual Offences)
ensures strict punishment for sexual abuse against children, as seen in State v.
Madan Lal (2013), where the court convicted an offender under the Act.
o Example: The Childline India Foundation is a 24/7 helpline for children facing
emotional or physical abuse.
3. Right to Education: The Right to Education Act (RTE) provides free and compulsory
education to children aged 6 to 14 years. This ensures that every child can go to school, and
private schools are required to reserve 25% of seats for children from economically
disadvantaged backgrounds.
o Case Law: The Unnikrishnan v. State of Andhra Pradesh (1993) case highlighted the
right to education as a part of the right to life under Article 21 of the Indian
Constitution.
Q-2: What is the status of education as a right? How did it acquire this status?
Status of Education as a Right:
Education is a fundamental right in India, guaranteed by Article 21A of the Indian Constitution. The
Right to Education (RTE) Act, 2009 ensures that all children between the ages of 6 and 14 years are
provided free and compulsory education by the state.
How Education Acquired This Status:
1. International Context:
o The United Nations Convention on the Rights of the Child (CRC), adopted in 1989,
was the first international agreement that recognized education as a fundamental
right for children. It emphasized that every child should have access to free primary
education.
2. National Context:
o In India, the Right to Education was initially interpreted as part of the right to life
under Article 21 of the Constitution, following the Unnikrishnan v. State of Andhra
Pradesh (1993) case.
o The 86th Amendment (2002) to the Indian Constitution inserted Article 21A, which
made education a fundamental right for children aged 6-14 years. This amendment
was pivotal in recognizing education as a right under the Constitution.
3. Legislative Development:
o The Right to Education Act (2009) was enacted to give practical effect to Article 21A.
It mandates that private schools must reserve 25% of seats for children from
economically weaker sections, ensuring inclusivity in the education system.
Q-3: Is there any legislation in India dealing with child labour? Name the relevant legislation. Aditi
hired a 12-year-old girl to help her with domestic household chores. Can she be prosecuted for
child labour? Explain giving legal reasons.
Legislation Dealing with Child Labour in India:
India has enacted various laws to combat child labour and to ensure children’s welfare. The main
legislations are:
1. The Child Labour (Prohibition and Regulation) Act, 1986:
o This Act prohibits the employment of children below 14 years in hazardous
occupations, such as mining, firecracker production, and domestic work.
o It also regulates the working conditions for children in non-hazardous work, ensuring
that their working hours and conditions do not interfere with their education or
well-being.
2. The Juvenile Justice (Care and Protection of Children) Act, 2015:
o This Act addresses children in need of care and protection, including those
subjected to child labour. It emphasizes the rehabilitation and reintegration of
children into society.
3. The Right to Education Act, 2009:
o The RTE Act ensures that children between 6 and 14 years must be in school and
not engaged in work, effectively prohibiting child labour for children in this age
group.
Can Aditi Be Prosecuted for Hiring a 12-Year-Old Girl?
Legal Reasoning:
Aditi hired a 12-year-old girl to assist with household chores, which could qualify as child labour
under the Child Labour (Prohibition and Regulation) Act, 1986.
1. Child Labour Act and Domestic Work:
o While the Child Labour Act does not explicitly ban domestic work, it prohibits
children under 14 years from engaging in work that deprives them of education and
harmful activities. Domestic chores that interfere with the child’s right to education
can be deemed illegal under the Act.
2. Right to Education:
o Under the Right to Education Act (2009), a 12-year-old child is legally entitled to
free education and cannot be employed in a way that interferes with her schooling.
If the child is not attending school due to her work at Aditi’s house, this constitutes a
violation of her right to education.
3. Prosecution:
o Although domestic work is not specifically banned, prosecution could be pursued
under the Right to Education Act if the child is deprived of education due to being
employed. If it is determined that the child is not attending school, Aditi could face
legal action for child labour under the Juvenile Justice Act and RTE Act.
o Additionally, the Child Labour (Prohibition and Regulation) Act can still apply if the
child is working in conditions that are harmful to her physical or emotional well-
being.
