Child Rights In India

By ~ Swastik Grover
“There can be no keener revelation
of society’s soul than the way in
which it treats its children.”
~Nelson Mandella
 INTRODUCTION
• Children are the future of a country but as we all know that the children
are the most vulnerable. Every child has a right to lead a decent life. It is
important to consider their rights and value their dignity.
• Child rights go beyond just human rights, which exist to ensure fair and
proper treatment of people across the world, and promote their well-being.
Children, defined as any person under the age of 18, need more than just
human rights due to a set of unique needs stemming from their
vulnerabilities.
 Who is a Child and What are Child
Rights?
• According to UNCRC – a child is any human being below the age of 18
years.
• UNCRC : The United Nations Convention on the Rights of the Child is a
human rights treaty which sets out the civil, political, economic, social,
health and cultural rights of children
• Child rights are specialised human rights that apply to all human beings
below the age of 18.
Types of UNCRC Rights

Survival Developmen
rights t rights

Protection Participation
rights rights
Constitution of India and Child Rights
 Constitution of India and Child Rights
The Constitution of India which became operational in 1950 refers to certain child
rights
For example : -
• Fundamental Rights: Articles such as 14, 12(3), 13, 21, 21(a), 23 and 24.
• Directive Principles of State policies: Articles such as 39(e), 45, 46 and 51.
All children deserve equality, despite their difference. They are entitled to all of
these rights, no matter what race, colour, religion, language, ethnicity, gender or
abilities define them.
 Constitution of India and Child Rights
THE RIGHT TO AN IDENTITY (ARTICLES 7 AND 8)
Children are entitled to a name, legally registered with the government, and a nationality (to
belong to a country). Further, they must have the right to an identity, in the form of a public
record. This ensures national support, as well as access to social services.
THE RIGHT TO HEALTH (ARTICLES 23 AND 24)
Medical care, nutrition, protection from harmful habits (including drugs) and safe working
environments are covered under the right to health, and articles 23 and 24 enumerate access
to special care and support for children with special needs, as well as quality health care
(including drinking water, nutrition, and a safe environment) respectively.
 Constitution of India and Child Rights
THE RIGHT TO EDUCATION, (ARTICLE 28)
Right to free primary education is critical for helping children develop discipline, life skills while
finding a safe and healthy environment to nurture a child's physiological development. This
includes freedom from violence, abuse or neglect.
THE RIGHT TO A FAMILY LIFE (ARTICLES 8, 9, 10, 16, 20, 22 AND 40)
If not family members, then children have the right to be looked after by caretakers. Children must
live with their parents until it is harmful to them. However, 'family reunification', i.e. permission for
family members living in different countries to travel to renew contact between family members is
critical. Under the ward of a caretaker or family, they must be provided privacy against attacks on
their way of life and personal history.
 Constitution of India and Child Rights
THE RIGHT TO BE PROTECTED FROM VIOLENCE (ARTICLE 19 AND 34)
Protection from violence extends even to family members, and children must not suffer ill-treatment or sexual or
physical violence. This includes use of violence as a means of discipline. All forms of sexual exploitation and
abuse are unacceptable, and this Article takes into view the sale of children, child prostitution and child
pornography.
THE RIGHT TO AN OPINION (ARTICLE 12 AND 13)
All children deserve the right to voice their opinions, free of criticism or contempt. In situations where adults are
actively deciding upon choices on behalf of children, the latter are entitled to have their opinions taken into
consideration. While children's opinion may not be based on facts, it is nonetheless an important source of insight
for parents, and should be considered. However, this depends on the child's level of maturity and age. Children
have the freedom of expression, as long as they are not harming others with their opinions and knowledge.
 Constitution of India and Child Rights
THE RIGHT TO BE PROTECTED FROM EXPLOITATION (ARTICLES 19, 32, 34, 36 & 39)
As exploitation is usually achieved through violent means, protection from violence is critical for
freeing children from exploitation. This extends to abuse, negligence and violence by parents, even if
it is justified as an instrument of achieving discipline at home. Further, children cannot be made to
work in difficult or dangerous conditions. Children can only volunteer to work doing safe chores that
do not compromise their health, or access to education or play. Sexual exploitation, another dimension
of exploitation, is also prohibited, as an activity that takes advantage of them. Survivors of neglect,
abuse and exploitation must receive special help to enable recovery and reintegration into society.
Children also cannot be punished cruelly, even if it is under the ambit of the justice system. Death or
life sentences, as well as sentences with adult prisoners, are not permitted.
National Policies Related to Children
 National Policies Related to Children
National Policy for Children, 2013
• Every child has universal child rights.
• Every child has the right to life, survival, development, education, protection and participation
• Right to life, survival and development goes beyond the physical existence of the child and also
encompasses the right to identity and nationality
• Mental, emotional, cognitive, social and cultural development of the child is to be addressed in
totality
• All children have equal rights and no child shall be discriminated against on grounds of religion,
race, caste, sex, place of birth, class, language, and disability, social, economic or any other status
 National Policies Related to Children
National Plan of Action, 2005
Ministry of women and child welfare has prepared a National Plan of Action
for Children 2005. The Prime Minister’s Office is quarterly monitoring the
National Plan of Action for Children 2005 on the basis of eight parameters:
1. Reduce IMR to below 30 per 1000 live births by 2010.
2. Reduce Child Mortality Rate to below 31 per 1000 live births by 2010.
 National Policies Related to Children
National Plan of Action, 2005 (contd…)
3. To reduce Maternal Mortality Rate to below 100 per 100,000 live births by 2010.
4. Universal equitable access and use of safe drinking water and improved access to sanitary means of
excreta disposal by 2010.
5. 100% rural population to have access to basic sanitation by 2012.
6. To eliminate child marriages by 2010
7. To eliminate disability due to poliomyelitis by 2007
8. To reduce the proportion of infants infected with HIV by 20 percent by 2007 and by 50 percent by 2010,
by ensuring that 80 per cent of pregnant women have access to ante natal care, and 95 per cent of men
and women aged 15-24 have access to care, counseling and other HIV and prevention services.
Legislations Related to
Children
 Legislations Related to Children
The Hindu Adoptions and Maintenance Act, 1956
The Hindu Adoptions and Maintenance Act, 1956 codifies laws for adoption and
maintenance of both boys and girls and declares that the sons and daughters are treated
equally in the matter of succession. The Act confers that a woman could adopt for herself
in her own right. Adoption of female child was not permissible prior to passing of this Act
and any oral or documentary evidence would be of no use, when adoptee failed to prove
any family custom prevailing in family for adopting a female child. Section 15 of the Act
says that the adoptive father or mother or any other person nor can the adopted child
renounce his or her status as such and return to his family of his or her birth. The validity of
adoption cannot be adjudicated in a writ petition.
 Legislations Related to Children
The Immortal Trafficking (Prevention) Act (ITPA), 1956
The Immoral Trafficking (Prevention) Act (ITPA), 1956 prohibits commercial sexual
exploitation and all cases relating to prostitution registered under the Act. This Act defines
a minor as a person between 16 to 18 years of age. The Act also says that if any person
over the age of 18 years knowingly lives wholly or in part on the earning of the
prostitution of any other person shall be punishable with imprisonment up to 2 years or
with fine up to Rs1000 or both, or where such earnings relate to the prostitution of a child
or a minor, shall be punishable with imprisonment for 7-10 years. The Act prohibits the
activities relating to prostitution in a public place or within 200 metres from a public
place.
 Legislations Related to Children
The Child Labour (Prohibition and Regulation) Act, 1986
The Child Labour (Prohibition and Regulation) Act,1986 prohibits the engagement of
children in certain employments and regulates the conditions of work of children in certain
other employments. Section-5 of the Act makes provision for setting up of the Child
Labour Technical Advisory Committee by the Central Government and the Committee is
authorised to give advice to the Central Government in the matter relating to child labor in
occupations and process. Section 13 of the Act deals with the health and safety measures of
the child employment in occupations or in processes. The Act also proclaims that if an
accused employer is unable to prove that children employed were not below 14 years, he
can be convicted for offence of employing child labour.
 Legislations Related to Children
The Juvenile Justice Act 2000 and Amendment Act 2006
The Juvenile Justice Act 2000 and Amendment Act-2006 formulates laws relating to juveniles in conflict with
law (juvenile who is alleged to have committed an offence) and provide proper care and protection for
children in need. The Act adopts child-friendly approach by catering to the development needs of the children
and their rehabilitation in institutions established under law. The Act brings juvenile law and prescribed set of
standards to be adhered by all State parties for securing the best interests of the child and provides alternatives
such as adoption, sponsorship, foster care and institutional care. This Act has been amended in 2006 to set up
Juvenile Justice Board and Child Welfare Committees and compulsory registration of Child Care Institutions.
The Act has been further amended in 2011 to remove discriminatory references to children affected by
diseases like leprosy, tuberculosis, hepatitis-B etc. As per new provisions more power has been entrusted to
Child Welfare Committee and Child Protection Units in each district of the State to oversee its
implementation and provide care, education, training for rehabilitation of the children.
 Legislations Related to Children
The Prohibition of Child Marriage Act, 2006
The Prohibition of Child Marriage Act, 2006 came into effect from 1st October 1929. The Section 3
of the Act declares that if a male above 18 years of age contracts a child marriage shall be liable to
be punished. The marriage performed in violation of the Child Marriage Restraint Act is an
unlawful marriage. Section 5 of the Act punishes a person who performs, conducts or directs any
child marriage shall be liable to punishment, unless he proves that to the best of his knowledge the
marriage in question was not a child marriage. According to Section 6 (1) of the Act when a child
marriage is contracted person having charge of such child, whether he is guardian or parent or in
any other capacity whether lawful or unlawful, that person is liable to be punished. The offences
committed under this Act are cognizable offences as defined under the Code of Criminal
Procedures,1973.
 Legislations Related to Children
The Pre-Conception and Pre –Natal Diagnostic Technique Act, 1994
The Pre-Conception and PreNatal Diagnostic Techniques Act1994 regulates the use of pre-
natal sex determination techniques. Though it permits the use of prenatal sex determination
techniques for detecting chromosomal or sex linked disorders only by the registered
institutions but strictly prohibits determination of sex of foetus and killing of female child
in the mother’s womb not only by the medical practitioners, gynaecologists or
paediatricians but also by any genetic laboratory, counseling centre or clinic. The Act also
bans the advertisement using pre-natal diagnostic technique for sex determination. Section-
5 of the Act state that the pre-natal diagnostic procedure can be conducted only with the
consent of the pregnant woman and a copy of written consent is given to her.
Institutional Framework for Child
Welfare
 Institutional Framework for Child
Welfare
National Commission for Protection of Child Rights
The National Commission for Protection of Child Rights (NCPCR) was set up as a statutory body
under Ministry of Women and Child Development in 2007 under the Commission for Protection of
Child Rights (NCPCR) Act 2005 to protect, promote and defend child rights in the country. The
prime objectives of the Commission is to review the safeguards provided for protection of child
rights and recommends measures for effective implementation, spread child literacy, enquire into
violation of child rights, look into the matters relating to distressed, marginalized and disadvantaged
children without family, children of prisoners, inspect juvenile home and recommend appropriate
measures. The Commission undertakes periodic review of existing laws, policies and programmes
on child rights and makes recommendations for their effective implementation in the best interest of
the children.
 Institutional Framework for Child
Welfare
The National Institute of Public Cooperation and Child Development
The National Institute of Public Cooperation and Child Development (NIPCCD) is a
premier organization which acts as an autonomous body under the Ministry of Women and
Child Development Department, Government of India to promote voluntary action,
research, training and documentation on women and child development 1860 in the year
1966. The institution was established at New Delhi with its four Regional Centres at
Guwahati, Banaglore, Lucknow and Indore. The thrust areas of the Institute relates to
child care interventions relates to maternal and child health and nutrition, early childhood
care and education, childhood disabilities, positive mental health in children and child care
support services.
 Institutional Framework for Child
Welfare
The Central Adoption Resource Authority
The Central Adoption Resource Authority (CARA) is an autonomous body
under Ministry of Women and Child Development, Government of India.
CARA which primarily deals with adoption of orphan, abandoned and
surrendered children through recognised agencies. As per the provisions of
Hague Convention on Inter-country Adoptions, 1993, CARA is designated
as the Central Authority to deal with in-country and inter-country adoption
of children.
 Status of Children in India
• Over 1 billion children have been denied their childhood worldwide (UNICEF Report)
• About 63 per cent of children in India go without food and 38.4 per cent of children are
stunted (UNICEF).
• More than half (54 per cent) of adolescent girls have anemia compared to 30 per cent of
boys, and the issue of low Body Mass Index in adolescent girls coupled with challenges
of child marriage and adolescent pregnancies have an intergenerational impact.
• The National Family Health Survey has revealed that over 70% of the children in many
states suffer from iron deficiency.
 Violence Against Children
• Crimes against children in Indi a have increased by more than 500% over
the last 10 years (NCRB).
REASONS?
 Decline in social control
 Decline in moral and ethical values
 Decline in social responsibility
 What can be done?
• Indian children are still in difficult situations. Conducive environment can
be created with efforts from every stake holder
• Budget allocations for children is continuously declining and it should be
increased.
• Awareness programs can be conducted at all levels
• Efforts needed to inculcate ethical values
• Effective implementation is the need of the hour.
 Conclusion
• A visible shift from an approach of charity to that of rendering justice to
children by guaranteeing their rights.
• An effective implementation, ground swell of support, fair environment is
the need of the hour.
• Alarming concern as children are being misused.
• This is our social responsibility to take care of the children & to protect
their rights so that India can be a safe place for children.
 References
• NCRB ([Link]
• UNICEF ([Link]
• CRY ([Link]
• UNICEF, (2006) Violence Against Children, United Nations Secretary –
General’s Study
THANK
YOU