Women and Child Law

ASSIGNMENT
ON
RIGHTS OF CHILDREN
AGAINST
EXPLOITATION
Submitted to:
Ms. Dakshita Sangwan
Faculty of Law,
Jamia Millia Islamia.

Prepared By:
Anirudh Arora
B.A. LL.B.(Hons.)
Faculty of Law,
Jamia Millia Islamia

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ACKNOWLEDGEMENT
At the outset, I would like to thank my Women and Child Law teacher, Ms.
Dakshita Sangwan, for being a guiding force throughout the course of this
submission and being instrumental in the successful completion of this project
report without which my efforts would have been in vain.
I am thankful to the Librarians, Faculty of Law, Jamia Millia Islamia for helping
me in collecting the relevant material for my project report.
I would like to extend my sincere thanks to my friends and family for their
constant review and honest remarks.

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S.NO.

CONTENTS

PAGE NO.

1.

TABLE OF CASES

2.

INTRODUCTION

3.

INTERNATIONAL BILL OF RIGHTS

4.

UNITED NATIONS CONVENTIONS ON THE RIGHTS 6

5.

OF CHILDREN (UNCRC)
UNITED NATIONS INTERNATIONAL CHILDRENS 7

6.

EMERGENCY FUND (UNICEF)

CONVENTION ON THE RIGHTS OF THE CHILD

7.

THE DECLARATION ON THE RIGHT OF CHILD, 1959

8.

CASES

9.

ORGANS
KEYS CHILDRENS RIGHTS DECISIONS OF THE 10

10.

WARREN & BURGER COURTS

SAARC DECADE OF THE RIGHTS OF CHILD (2001- 12

11.

2010)
CHILD RIGHTS IN INDIA

13

12.

CONSTITUTIONAL PROVISIONS

15

13.

OTHER LEGISLATIVE SUPPORT TO THE CHILD 16

14.

RIGHTS
CONCLUSION

23

15.

BIBLIOGRAPHY

24

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DECIDED

BY

INTERNATION

JUDICIAL 10

Table of Cases

S. No.

Case Name

1.

Uganda v Congo

2.

Alba v. Sillerico

3.

Lakshmi Kant Pandey v. Union of India

4.

Indian Council for Social Welfare v. State of A.P.

5.

M.C.Mehta v. State of T.N

6.

Bhandhua Mukti Morcha v. Union of India

7.

Gaurav Jain v Union of India

8.

United States v. Lopez

9.

Meyer v. Nebraska

10.

Pierce v. Society of Sisters

11.

Githa Hariharan & Anr v. Reserve Bank of India & Anr

12.

C Levy v. Louisiana

13.

C Tinker v. Des Moines Independent School District

14.

Ingraham v. Wright

15.

C Parham v. J.R

16.

C Santosky v. Kramer

17.

C Smith v. Organization of Foster Families

INTRODUCTION:
Children signify eternal optimism in the human being and provide potential for the development.
Every nation whether developed or developing links its future with the status of the child. A child
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of today cannot develop to be a responsible and productive member of tomorrows society unless
an environment, which is conducive to his social and physical health, is assured to him.
Neglecting children means loss to the society as a whole. If the children are deprived of their
childhood-socially, economically, physically and mentally the nation gets deprived of the
potential human resources for social progress, economic empowerment, peace and order, social
stability and good citizenry.
India has the largest number of children in the world. Indias heritage of a stable family life and
traditional joint family system helped children grow into an atmosphere of warmth and affection
into a secure future. However, with the changing socio-economic vertices weakening of the
institution of joint family and resulting nuclearization of the families children were deprived of
that enabling atmosphere and were propelled into an atmosphere where the parental care to the
childhood started being shared with the institutions like school. In the rural set up too, there has
been a trend towards the nuclearization undermining the emotional, psychological and the social
support, which used to go into the childs upbringing. Besides, in the poorer families the children
also started to share the burden of running the households. These children were deprived of Both
parental and institutional care, even where institutional care was available to the children, it was
a very poor substitute to the parental care.
Any person who has not attained maturity is considered as a Child. Human Rights begin with
Child rights. Without child rights human rights has no value. Rights of children includes all
rights starting from Right to Life, Right to food, clothing and shelter, Right to sanitation, Right to
education, Right to dignity and lot more. Children are dependents, but it doesnt mean that their
Rights are curtailed. Children are expected to be dominated and they are not given importance in
various situations. This part of my project deals with few Rights of children and few
International Conventions on Child Rights.

INTERNATIONAL BILL OF RIGHTS:

Report by the United Nations Development Programme (UNDP) was a landmark document that
advanced significantly the concept of human security. Ever since the concept of human security
was first proposed in the UNDP 1994 Human Development Report, the concept has continued to
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be seen as complex, contested and yet it has undeniably evolved to become a key term of
discourse in international relations.1
The absence of clean water and adequate sanitation for millions of children in the developing
world endangers child security in five of these areas: economic, food, health, environmental, and
community security

UNITED NATIONS CONVENTIONS ON THE RIGHTS OF CHILDREN (UNCRC)

The United Nations Convention on the Rights of the Child (UNCRC) is an international human
rights treaty that grants all children and young people (aged 17 and under) a comprehensive set
of rights. The UK signed the Convention on 19 April 1990, ratified it on 16 December 1991 and
it came into force on 15 January 1992.
The UNCRC is presently the most widely ratified international human rights treaty. It is the only
international human rights treaty to include civil, political, economic, social and cultural rights. It
sets out in detail what every child needs to have a safe, happy and fulfilled childhood regardless
of their sex, religion, social origin, and where and to whom they were born. All United Nations
member states, except for the United States and Somalia, have ratified the Convention.
The Convention gives children and young people over 40 substantive rights, including the right
to:

special protection measures and assistance

access to services such as education and healthcare

develop their personalities, abilities and talents to the fullest potential

grow up in an environment of happiness, love and understanding

Be informed about and participate in achieving their rights in an accessible and active
manner.

1 UNESCO, Human security: approaches and challenges (Paris: UNESCO, 2008)

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UNITED NATIONS INTERNATIONAL CHILDRENS EMERGENCY FUND (UNICEF):

Overall Objective:
To reduce HIV transmission and to reduce the impact of the epidemic, on children, young people
and families, through increasing the effectiveness of national and intercountry responses to the
HIV/AIDS epidemic in East Asia and the Pacific and providing practical support at community
level, encouraging the full participation of people affected by HIV/AIDS.
Specific Objectives:

To assist and facilitate achievement of objectives formulated for UNICEF Country

Programs (national-level advocacy, capacity building, mainstreaming of HIV/AIDS into
UNICEF programming, technical assistance for behavior development and change,
reproductive health, care and support, and going to scale).

To facilitate and develop multi-country and multi-agency initiatives and responses to

effectively reduce HIV transmission and the impact of HIV/AIDS on children, youth, women
and families, and people with high-risk behavior.

To keep Country Offices and partners informed about emerging issues, assist with the
development of effective responses to these issues, as well as facilitate exchange and sharing
of information, experiences and resources.

To participate and help to coordinate new regional and country initiatives to reduce
trafficking in women and children with HIV/AIDS/STD prevention and care activities.

Convention on the Rights of the Child

The most prominent UN manifestation to advance childrens rights is the CRC. The Convention
was adopted by Resolution 44/252 of 20 November 1989 at the Forty-fourth Session of the UN
General Assembly, and entered into force on 2 September 1990, in accordance with Article 49(1)
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of the CRC. To date, the Convention has 193 parties. Namibia ratified the CRC on 30 September
1990.The CRC, which consists of 54 Articles, incorporates the full range of human rights civil,
cultural, economic, political and social and creates the international foundation for the
protection and promotion of human rights and fundamental freedoms of all persons under the
age of 18.26 The Convention represents widespread recognition that children should be fully
prepared to live an individual life in society, and brought up in the spirit of peace, dignity,
tolerance, freedom, equality and solidarity.
Although the Articles of the CRC are interrelated and should be considered together, the
Committee on the Rights of the Child has accorded four provisions contained in the Convention,
namely Articles 2, 3, 6 and 12, the status of general principles. The CRC is, therefore, founded
on the following principles, which build the foundation for all childrens rights:
The right to equality: No child may be discriminated against on the basis of race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status.
The best interest of the child has to prevail: Whenever decisions are being taken which may have
an impact on children, the best interest of the child has to be taken into account at all stages. This

applies to the family as well as to state action.

The right to life and development: Every Member State has to ensure, to the maximum extent
possible, the survival and development of the child by, inter alia, providing access to health care

and education, and by protecting the child from economic and social exploitation.
Respect for childrens own views: Children should be respected and taken seriously, and they
should be involved in decision-making processes according to their age and maturity.
The CRC follows a holistic approach to childrens rights, recognising that the rights anchored in
the Convention are indivisible and interrelated, and that equal importance must be attached to
each and every right contained therein.
The Declaration on the Right of Child, 1959
The following are few points mention in this convention:

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1. The child shall enjoy all the rights set forth in this Declaration. All children without any
exception whatsoever, shall be entitled to these rights without distinction or
discrimination on account of race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status whether of himself or his
family.
2. The child shall enjoy special protection and shall be given opportunities and facilities by
law and other means, to enable him to develop physically, mentally, morally, spiritually
and social in a healthy and normal manner and in the conditions of freedom and dignity,
in the enactment of laws for this purpose, the best interests of the child shall be the
paramount consideration.
3. The child is entitled to receive education, which shall be free and compulsory, at least in
the elementary stages. He can be given education which promote his general culture and
enable him on the basis of equal opportunity to develop his abilities, his individual
judgment and his sense of moral and social responsibility and to become useful member
of society.
4. The child shall be protected against all forms of neglect, cruelty and exploitation. He
shall not be the subject of traffic, in any form. The child shall not be admitted to
employment before the appropriate minimum age. He shall in no case be caused or
permitted to engage in any occupation or employment which would prejudice his health
or education, or interfere with his physical, mental or moral development.
The child shall be protected from practice which may foster racial, religious and any other form
of discrimination. He shall be brought up in a spirit of understanding, tolerance, and friendship
among peoples. Peace and universal consciousness that his energy and talents should be directed
to the service of his fellow men.
CASES DECIDED BY INTERNATION JUDICIAL ORGANS
In 1996, the Court issued a wake up call in United States v. Lopez, overturning the Gun Free
Schools Act because Congress had failed to articulate any nexus between the law and the federal
governments enumerated powers.2 The Gun Free Schools Act made possession of guns within
1,000 feet of a school a federal criminal offense, punishable in federal courts under federal law.
2 115 S.Ct. 1624 (1995).
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Schools, children, crime in schools--these are presumptively local matters and, absent a clear
showing of authority under the commerce clause or some other federal power, said the Court,
these matters must be left to the states.
The first Supreme Court case to explicitly articulate a general theory of family rights was Meyer
v. Nebraska, decided in 1923.3 In Meyer the Court held that a state could not forbid the study of
the German language in private schools.
Meyer, was followed two years later by Pierce v. Society of Sisters, which held that a state may
not require all students to attend public schools.4Part of the basis for these holdings was the
notion that a parents right to control the upbringing of his child, and to educate the child in his
own language, culture and traditions, was so fundamental to the scheme of ordered liberty that
it could not be infringed by law. In the view of the Court, parenthood occupied a critical zone of
freedom from governmental interference. Meyer and Pierce were part of a line of cases relying
on a controversial doctrine which has been labeled substantive due process.
Keys Childrens Rights Decisions of the Warren & Burger Courts
C In re Gault5 (establishing a minor's right to counsel in criminal and juvenile justice
proceedings).

C Levy v. Louisiana6 (striking down, under equal protection analysis, a state law
discriminating against illegitimate children).

C Tinker v. Des Moines Independent School District 7 (recognizing limited free speech
rights of youth in schools).

C Wisconsin v. Yoder8 (requiring a religious exemption from mandatory schooling laws

for Amish teenagers and discussing but not resolving the tension between children's
interests and parents' assertions of religious freedom).

3 262 U.S. 390 (1923).

4 268 U.S. 510 (1925).
5 387 U.S. 1 (1967)
6 391 U.S. 68 (1968)
7 393 U.S. 503 (1969)
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C Goss v. Lopez9 (acknowledging due process rights of students subjected to disciplinary

suspensions to present their case to school authorities within a reasonable time after being
suspended).

Planned Parenthood v. Danforth10 (recognizing rights of mature minors to reproductive

choice and striking down law that gave parent the power to veto a minor childs abortion
decision).

Ingraham v. Wright11 (rejecting claim that paddling in school raises an 8 th Amendment

cruel and unusual punishment or raise procedural due process issues).

C Moore v. City of East Cleveland12, (overturning a zoning law that prevented children
from living with extended family members).

C Smith v. Organization of Foster Families13, (balancing children's interests in stability in

foster care placements with the rights to reunification of their biological families).

C Parham v. J.R.14 (acknowledging children's due process rights in civil commitment to

mental institutions but deferring to parents and doctors decisions for the child).

C Santosky v. Kramer15 (balancing children's rights to protection from physical abuse

with the shared family interest in avoiding unnecessary terminations of family
relationships).

8 406 U.S. 205 (1972)

9 419 U.S. 565 (1975)
10 428 U.S. 52 (1976)
11 430 U.S. 651 (1977)
12 431 U.S. 494 (1977)
13 431 U.S. 816 (1977)
14 442 U.S. 584 (1979)
15 455 U.S. 745 (1982)
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Uganda v Congo16
This is the Case prosecuting Uganda's recruitment of child soldiers and other human rights
abuses during its invasion and occupation of parts of the Democratic Republic of Congo. It was
decided that States parties to the Convention must take all feasible measures to ensure that
persons who have not attained the age of 15 years do not take part in direct hostilities
Alba v. Sillerico17
This is the Case concerning the placement of a child in an orphanage following allegations of
abuse. The Court determined that childs request to be separated from his father should prevail
over his father's right to custody.

SAARC Decade of the Rights of Child (2001-2010)

Third Ministerial Conference on the Children of South Asia held in August 1996, at
Rawalpindi recommended the observance of the SAARC Decade of the Rights of the Child
(2001-2010).
During the Eleventh SAARC Summit (Kathmandu, 4-6 January 2002, the Leaders directed
the Council of Ministers to take concrete steps to give priority to investing in children as an
effective means for poverty reduction in the long run. Reaffirming their commitment to the
Colombo Plan of Action and the Rawalpindi Declaration and recalling the declaration of 2001 to
2010 as the SAARC Decade of the Rights of the Child, the Heads of State or Government noted
with appreciation the South Asia High-level Meeting on Children held in Kathmandu in May
2001. The Expert Group Meeting to finalize the In-depth Assessment Report of the
implementation of the SAARC Decade of the Rights Rights of Child (2001-2010) which was
held at the SAARC Secretariat on 2 April 2010.
16 Armed Activities on the Territory of the Congo (Democratic Republic of the Congo
v. Uganda), Judgment, I.C.J. Reports 2005, p. 168
17 Constitutional resolution 2368/2010R, File No. 2008-18736-37-RHC
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Child Rights in India

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007
under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December
2005). The Commissions Mandate is to ensure that all Laws, Policies, Programmes, and
Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in
the Constitution of India and also the UN Convention on the Rights of the Child.

WHO IS A CHILD?
According to international law, a child means every human being below the age of 18 years. This
is a universally accepted definition of a child and comes from the United Nations Convention on
the Rights of the Child (UNCRC), an international legal instrument accepted and ratified by most
countries.India has always recognised the category of persons below the age of 18 years as
distinct legal entity. That is precisely why people can vote or get a driving license or enter into
legal contracts only when they attain the age of 18 years. Marriage of a girl below the age of 18
years and a boy below 21 years is restrained under the Child Marriage Restraint Act 1929.
Moreover, after ratifying the UNCRC in 1992, India changed its law on juvenile justice to ensure
that every person below the age of 18 years, who is in need of care and protection, is entitled to
receive it from the State.
What makes a person a child is the persons age. Even if a person under the age of 18
years is married and has children of her/his own, she/he is recognised as a child according
to international standards.
While all children need protection, because of their social, economic, or even geographical
location, some children are more vulnerable than others and need special attention. These
children are:
# Homeless children (pavement dwellers, displaced/evicted, refugees etc.)
# Migrant children.
# Street and runaway children.
# Orphaned or abandoned children.
# Working children.
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# Child beggars.
# Children of prostitutes.
# Trafficked children.
# Children in jails/prisons.
# Children affected by conflict.
# Children affected by natural disasters.
# Children affected by HIV/AIDS.
# Children suffering from terminal diseases.
# Disabled children.
# Children belonging to the Scheduled Castes & Scheduled Tribes.

WHAT ARE CHILD RIGHTS?

All people under the age of 18 are entitled to the standards and rights guaranteed by the laws that
govern our country and the international legal instruments we have accepted by ratifying them.
The Constitution of India guarantees all children certain rights, which have been specially
included for them. These include:
# Right to free and compulsory elementary education for all children in the 6-14 year age group
(Article 21 A).
# Right to be protected from any hazardous employment till the age of 14 years (Article 24).
# Right to be protected from being abused and forced by economic necessity to enter occupations
unsuited to their age or strength (Article 39(e)).
# Right to equal opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and guaranteed protection of childhood and youth against exploitation and
against moral and material abandonment (Article 39 (f)).
Besides these they also have rights as equal citizens of India, just as any other adult male or
female:
# Right to equality (Article 14).
# Right against discrimination (Article 15).
# Right to personal liberty and due process of law (Article 21).
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# Right to being protected from being trafficked and forced into bonded labour (Article 23).
# Right of weaker sections of the people to be protected from social injustice and all forms of
exploitation (Article 46).
Research, documentation and interventions by government and the civil society groups in the
past have clearly brought forth some of the following child protection issues and categories of
children that deserve special protection:
# Gender Discrimination.
# Caste discrimination.
# Disability.
# Female foeticide.
# Infanticide.
# Domestic violence.
# Child sexual abuse.
# Child marriage.
# Child labour.
# Child prostitution.
# Child trafficking.
# Child sacrifice.
# Corporal Punishment in schools.
# Examination Pressure and Student Suicides.
# Natural disasters.
# War and conflict.
# HIV/AIDS.
In the efforts to improve the implementation of the Juvenile Justice System in the country
UNICEF is also supporting the government with the development of training materials for the
Judiciary and various other functionaries of the system like the child welfare committee
members, police and care-takers in the various institutions under the Act.
CONSTITUTIONAL PROVISIONS
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Though the concept of the rights of the child was not very lucid at the time of making of the
Constitution, it was envisioned that children are the assets of the country. They need protection
and provisions to develop in complete beings capable to steer the nation. The Indian Constitution
contains certain provisions specifically aimed for protection, development and welfare of
children. Art.24 prohibits the employment of children in any factory or mine or in any other
hazardous occupation. Art. 39 (e) & (f) in DPSP lay down that the state shall direct its policy in
such a manner that the tender age of the children is not abused and children are given
opportunities and facilities to develop in a healthy manner and the childhood is protected against
exploitation and against moral and material abandonment. Art. 21 A (vide 86th Amendment)
provide the fundamental right to primary education to the children in the age group of 6-14
years. Art. 45 in the DPSP creates provision for the early childhood care and education of
children.
In Githa Hariharan & Anr v. Reserve Bank of India & Anr 18, Supreme Court of India stated,
"India is asignatory to CEDAW...[t]he interpretation...placed on s6(a) gives effect to the
principles contained in these instruments. The domestic courts are under an obligation to give
due regard to international conventions and norms for construing domestic laws when there is no
inconsistency between them.
OTHER LEGISLATIVE SUPPORT TO THE CHILD RIGHTS
There are a host of other legislations, which guarantee to a substantial extent the rights and
entitlements as provided in the Constitution and in the UN CRC19
1. The Child Marriage Restraint Act, 1929
2. The Children (Pledging of Labour) Act, 1933
3. The Factories Act, 1948

18 (1999) 2 SCC 228

19 (Source: India Country Report to the UN CRC, 1997)
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4. The Apprentices Act, 1961

5. The Womens and Childrens Institutions (Licensing) Act, 1956
6. The Mines Amendment Act, 1983
7. The Child Labour (Prohibition and Regulation) Act, 1986
8. The Immoral Traffic (Prevention) Act, 1986
9. The Guardian and Wards Act, 1890
10. The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance
Act, 1956
11. The Orphanages and Other Charitable Homes (Supervision And Control) Act, 196
12. The Probation of Offenders Act, 1958
13. The Reformatory Schools Act, 1897
14. The Young Persons Harmful Publications Act, 1956
15. The Infant Milks Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution Act, 1992
16. The Prenatal Diagnostic Technique (Regulation, Prevention and Misuse) Act, 1994
17. The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
18. The Juvenile Justice Act, 2000
It is note worthy that among these legislations 4 belong to the pre independence era, long before
the international community started recognizing the rights of the child.

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Obviously these legislations are meant for the benefit of children but are divorced with the rights
approach. At best they can seem to be invested with protectionist welfare approach. Even in the
legislations carried out after India became a signatory to the CRC (only 3), the welfare approach
is all-pervasive. They aim at welfare of the children rather than according them any justiciable
rights.

CASES DECIDED BY JUDICIAL ORGANS:

Lakshmi Kant Pandey v. Union of India20: This is an extremely important case
relating to the adoption of Indian children by persons inside and outside India. In the
absence of legislation, the Supreme Court framed elaborate guidelines in the
matter. There was no law to regulate inter-country adoptions and such lack of legal
regulation could cause incalculable harm to Indian children. Considering the
possibility of child trade for prostitution as well as slave labor, legal regulation of
such adoptions was essential. Therefore, Justice Bhagwati created a scheme for
regulating both inter-country and intra-country adoptions. The Supreme Court held
that any adoption in violation of or non-compliance with may lead adoption to be
declared invalid and expose person concerned with to strict action including
prosecution. For years, social activists have used these directions to protect children
and promote desirable adoptions. The Government of India framed a national policy
in this regard. Also Indian Council for Social Welfare v. State of A.P.21
M.C.Mehta v. State of T.N.22: The Supreme Court directed that the employers of
children below 14 years must comply with the provisions of the Child Labour
(Prohibition and Regulation) Act providing for compensation, employment of their

20 [(1984) 2 SCC 244; AIR 1984 SC 469]

21 [(1999) 6 SCC 365]
22 [(1996) 6 SCC 756; AIR 1997 SC 699]
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parents / guardians and their education. Also Bhandhua Mukti Morcha v. Union
of India.23
Gaurav Jain v Union of India24: The Supreme Court held that the children of the
prostitutes have the right to equality of opportunity, dignity, care, protection and
rehabilitation so as to be part of the mainstream of social life without any prestigma attached on them. The Court directed for the constitution of a committee to
formulate a scheme for the rehabilitation of such children and child prostitutes and
for its implementation and submission of periodical report of its Registry.
What is Child Labour?
It is difficult to define child labour since the terms child and labour both resist
universal definition because of cultural and social differences from one country to
another. ILO (International Labour Office) has specified the concept through its Minimum Age convention 1973 - Where it encourages member states to set a
minimum age that is not less then the completion age for compulsory schooling, or
in any case not less than 15 years. So in India a child labourer is one who is below
18 years of age, out of school and has no avocation other than work. Although child
work is not synonymous to child to labour, most children, in whatever society they
live, work in one way or another. For example, in rural areas of India most of the
children are involved in agriculture, cultivation forestry etc. Work of this kind is not
considered child labour.
U.N. Convention on the Rights of the Child
It is because of widespread plights of children, that in Dec. 1976, the United Nations
adopted a resolution which proclaimed 1979 as International year of children, as a
part of advocacy on behalf of children. After a decade of campaigning, the UN
General assembly adopted the convention on the Rights of child on November 20th,
1989. The adoption of convention was not only a great step for promotion of child
rights but also constitutes a legal binding instrument to fend childrens right. The

23 [(1997) 10 SCC 549; AIR 1997 SC 2218]

24 [(1997) 8 SCC 114; AIR 1997 SC 3021]
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nations of the world have agreed on the minimum standard set out in the
convention, for the protection of children right to survival, health, education.
Generally speaking, the provision of convention applies for four main areas of
children rights:
(1) The rights to survival (Art 6 & 24)
It includes the right of life, the highest attainable standards of health, nutrition of
adequate standards of living. It also includes the right to a name and nationality.
(2) The right to protection (Art 18 & 32)
It includes freedom from all forms of exploitation, abuse, inhuman or degrading
treatment and neglect including the right to special protection in situations of
emergency and armed conflicts.
(3) The right to development (Art 6 & 28)
Includes the right to education, support for early childhood development and care,
social security, and the right to leisure, recreation and cultural activities.
(4) The right to participation (Art 12)
Includes respect for the views of the child, freedom of expression, access to
appropriate information and freedom of though, conscience and religion.
Convention

has also provided

certain

guidelines for adopting

as well as

implementing the convention at National, regional and international level.

Government Initiatives and Their Failure

Long before International convention on the rights of the child, constitution of India
provides safeguards for children through certain directives. For example Article 24
of constitution says that children below 14 years should not be employed in factory,
mine or any other hazardous condition or occupation. Article 35(e) urges that the
tender age of children ought not to be abused and argues against their being given

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such work which is not suited to their age. On the other hand Article 45(f) is
mandate to the state to try and provide free and compulsory education.

POLICIES:
The National Policy for Children was adopted on 22nd Aug., 1974. This
Policy lies down that the State shall provide adequate services towards children,
both before and after birth and during the growing stages for their full physical,
mental and social development. The measures suggested include amongst others,
a comprehensive health programme, supplementary nutrition for mothers and
children, free and compulsory education for all children up to the age of 14 years,
promotion of physical education and recreational activities, special consideration for
children of weaker sections like SCs and STs, prevention of exploitation of children,
etc.
The Government of India adopted the National Charter for Children which has
been prepared after obtaining the views/comments and suggestions of the State
Governments/UT Administrations, concerned Ministries and Departments and
experts in the field India acceded to the UN Convention on the Rights of the Child on
11th Dec., 1992 to reiterate its commitment to the cause of children. The objective
of the Convention is to give every child the right to survival and development in a
healthy and congenial environment.
SCHEMES:
Several Ministries and Departments of the Government of India are
implementing various schemes and programmes for the benefit of children. Some
of the Schemes and Programmes being implemented by the Ministry of Women and
Child Development are as under:
Integrated Child Development Services (ICDS) Scheme: The Ministry of
Women and Child Development has launched. The Scheme provides crche services
to the children of age group of 0 to 6 year, which includes supplementary nutrition,
emergency medicines and contingency. The Scheme has been named as Rajiv
Gandhi National Crche Scheme for the Children of Working Mothers. .
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Programme for Street Children is being implemented by the Ministry of An

Integrated Women and Child Development specifically for those children who are on
streets and homeless and include the rag picking and vagabond children.

The

Scheme aims at providing full and wholesome development of children without

homes and family ties. The children without homes and family ties and children
especially vulnerable to abuse and exploitation such as children of sex workers and
children of pavement dwellers are the target group for this Programme. Financial
assistance is provided to the NGOs who are eligible and working for the welfare of
the street children, for Formal & Non-formal Education, Shelter Home, Vocational
Training to Children, Nutrition, health care, sanitation and hygiene, safe drinking
water, education and recreational facilities and protection against abuse and
exploitation.

Integrated Programme For Juvenile Justice:

Some special features of the scheme areas:

Establishment of a National Advisory Board on Juvenile Justice

Creation of a Juvenile Justice Fund.

Training, orientation and sensitization of Judicial, administrative police and NGOs

responsible for implementation of JJ Act.

Institutional care shall be used but only as a last measure by enlarging the range of
suitable alternatives.

Financial assistance to bring about a qualitative improvement in the existing

infrastructure.

NGOs:
Child line India Foundation (CIF): It has been set up as a nodal organization, supported by
Government of India, to monitor and ensure the qualitative development of the Child line service
across the country. Child line is a toll free telephone service (1098) which anyone can call for
assistance in the interest of children. It has prescribed minimum quality standards for the
services to be provided by its partner organizations that are implementing Child line
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programmers in various cities of the country. CIF is also involved in awareness and advocacy in
order to strengthen the efforts relating to child welfare.
Sambhav Social Service Organization is a voluntary agency working in the areas of rural and
urban development, child education and women empowerment through advocacy, direct program
interventions and capacity building of the community to access the benefits of State Programs.
Sambhav has a deeply rooted goal to bring about a change in the lives of deprived communities
through peoples organization and capacity building. It has been actively involved in the
organizing Sahariya Tribal communities to assert their rights of equality, Health, food and
secured livelihood and a respectful place in the society.
NGO initiatives
So far role of government & international efforts in promoting rights of child was discussed. The
NGO community has emerged to be a potent force in catalyzing various actions through the
mobilization of social forces and pressing govt. to take needed action. There are many examples
of NGOs successfully working both for the integrated development of children and the
elimination of child labour. Some are engaged in implementing NFE programmes with the help
of grant-in-aid from ministry of labour, and yet others with the assistance from IPEC
(International Program for Elimination of Child Labour). Worth of special mention are
CREDA (Centre for rural education and development action), Bandhwa Mukti Morcha, M.V.
foundation etc. These NGOs have very successfully worked in the area of child labour, played a
very significant role in fighting against bonded labour and other explorations of children and
motivating families for giving education to their children instead of sending them for work.

CONCLUSION:
Children are the gift of god. Todays children are tomorrows youth, youths are the future of the
nation. The importance of childrens right must be felt in each and every individuals mind. There
are so many legislations passed to protect the child rights. Not just in human rights concept or
under law we have the moral obligation to protect the rights of children.

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BIBLIOGRAPHY
http://faizlawjournal.blogspot.in/2007/01/constitutional-rights-of-children.html
http://www.un.org/cyberschoolbus/humanrights/resources/child.asp
http://www.pairvi.org/pdf/Research/State%20of%20Child%20Rights%20in%20India.pdf
http://www.crin.org/Law/instrument.asp?InstID=1422
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http://www.unicef.org/wsc/declare.htm
http://www.hrcr.org/safrica/childrens_rights/India.html#cases
http://america.cry.org/site/know_us/cry_america_and_child_rights/importance_of_child_rights.ht
ml
http://www.crin.org/Law/instrument.asp?InstID=1626
http://smilefoundationindia.org/child_rights.html

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