Children Rights in India
This article talks about children rights in India. It mentions how children rights became recognized at global level and what efforts are made by India for the welfare of children. It also discusses constitutional rights of children in India, laws and the apex body NCPCR for child rights protection in India.
Introduction
Who are Children?
Children’s Day
What is the Need for Children’s Day?
Constitutional Rights of Children in India
Children Issues
Indian Laws for Children Rights
National Commission for Protection of Child Rights (NCPCR)
Conclusion
Introduction
Children are said to be forms of God. Their innocence is a blessing of nature. This period of life is the most beautiful duration in which one is free of tensions. Childhood is the most crucial and critical phase of one’s life. Love, affection, care, education and socialization received in childhood shapes the future of a person. Children make the future of entire nation as they are prospective citizens of the country. Protecting children rights is most essential for the welfare, growth and development of children.
Who are Children?
According to United Nations, any person whose age is less than eighteen years is said to be a child. This definition of children was adopted by UN in its Child Rights Convention. In India, this definition is accepted. Only a person above eighteen years has voting rights, can apply for driving license and can enter in to any legal agreement.
Children’s Day
Global community celebrates 20th November as International Children’s Day or World Children’s Day. The day was selected by United Nations because it was the same date for adoption of Child Rights declaration and Child Rights Convention. On 20th November 1959, United Nations adopted Child Rights declaration. On 20th November 1959, United Nations adopted Child Rights Convention.
In India, same day of 20th November is celebrated as Child Rights Day annually. India celebrates 14th November as Children’s Day on the birthday of former Prime Minister Sh. Jawahar Lal Nehru.
What is the Need for Children’s Day?
The primary objective of celebrating Children’s Day is to spread awareness of the rights of children. Children needs focus specifically because many times while advocating human rights, children are often neglected. Since children are innocent; they are not aware about their rights; they are physically and mentally far behind than an adult, therefore they need special protection and care. Their security, development, health, education are responsibility of society.
Constitutional Rights of Children in India
Long before the adoption of Child Rights Declaration, India had already taken efforts for the welfare and protection of children rights. The constitution makers of India introduced specific rights of children in the section of Fundamental Rights of Constitution. This means that constitution guarantees these children rights. Subsequent constitutional amendments further incorporated specific rights for children. The constitutional rights of children in India are:
Article 21-A: Grants free and compulsory education for the children in the age of six to fourteen years. The article was introduced in 2002 by 86th constitutional amendment.
Article 24: Prohibits engagement of children below the age of fourteen years in hazardous jobs.
Article 39 (e): It prohibits forceful indulgence of individual in jobs not fit as per age and physical abilities, due to adverse economic conditions.
Article 39 (f): It protects children from exploitation and promotes favourable environment for the healthy development of children.
In addition to above rights, children also has rights equivalent to those of adults like article 14 (equality), article 15 (protection against discrimination), article 21 (individual freedom and rights of legal procedure), article 46 (protection from forced labour, abuse and social injustice), article 23 (protection from human trafficking).
Children Issues
India has second largest population of world. Children constitute about 40% population of India. There are large numbers of children who suffer from distress due to social, economic and political conditions. They are helpless and face number of issues related to child labour, sexual abuse, poor development, domestic labour, begging, child marriage, trafficking for human organs, pornography and many more. Under special circumstances like abandoned by parents, children are more vulnerable than adults. Children in conflict of law also need special attention.
Indian Laws for Children Rights
Indian legislature has enacted various laws for the resolution of children issues and securing children rights.
Child Marriage Prohibition Act 2006 prohibits marriage of girl below 18 years age and that of boy below 21 years. It replaced earlier Child Marriage Restraint Act 1929.
Child Labour Act 1986 was amended in 1986 and it criminalized labour of children below the age of 14 years and prohibits engagement of children in age group of 14 – 18 years in any hazardous occupation. First time conviction for violation of Child Labour Act may lead to invitation of fine of Rs 20,000 to 50,000 or imprisonment for 6 months to 3 years. Second time conviction may lead to imprisonment for 1 – 3 years.
RTE (Right to Education) Act, 2009 was enacted to provide free and compulsory education to the children in the age group of 6 – 14 years.
POCSO Act 2012 (Protection of Children from Sexual Offence Act, 2012) was enacted to secure children from sexual abuses. The act clearly defines child pornography. Possessing and using any stuff related to child pornography invites a fine of Rs 5,000 to 10,000. Sexual offences against children invite life imprisonment to death penalty. Using chemicals to grow children rapidly is a non-bailable offence and invite 5 years imprisonment. Hearings of such cases which involve sexual crime against children are tried in special courts in the presence of parents in front of camera.
Juvenile Justice Care and Protection Act 2015 give legal support to children in conflict of law. Juvenile Justice Board takes the decision for the trial of children between 16 – 18 years age. The board decides whether such children are required to be treated like adults in court or need to send in reform centre.
National Commission for Protection of Child Rights (NCPCR)
NCPCR (National Commission for Protection of Child Rights) was established in March 2007 under the Commission for Protection of Child Rights Act 2005. NCPCR is a statutory body. It is the apex body for the implementation of children rights in India at the ground level. The body is entitled with the function of ensuring equality, education, prohibition of child labour etc. Any complain for the violation of children rights in India can be made to NCPCR in any language mentioned in 8th schedule of Indian constitution.
Conclusion
Safety and care of children is important for the future of entire nation. The health, education, nutrition and care of children are collective responsibilities of government, guardians, parents, civil society and the whole community. We have to actively engage ourselves for securing children rights. If we can save the children from child labour and provide them access to nutrition, education and a healthy ecosystem then it will be a service to nation.
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