The status of women in India has been subject to many great changes over the

past few millennia. From equal status with men in ancient times through the low
points of the medieval period, to the promotion of equal rights by many
reformers, the history of women inIndia has been eventful. In modern India,
women have adorned high offices in India including that of the President, Prime
minister, Speaker of the Lok Sabha, Leader of Opposition, etc. The
currentPresident of India is a woman.
Contents
[hide]

• 1 History
o 1.1 Ancient India
o 1.2 Medieval period
o 1.3 Historical practices
o 1.4 British rule
• 2 Independent India
• 3 Timeline
• 4 Culture
• 5 Education and economic development
o 5.1 Education
o 5.2 Workforce participation
o 5.3 Land and property rights
• 6 Crimes against women
o 6.1 Sexual harassment
o 6.2 Dowry
o 6.3 Child marriage
o 6.4 Female infanticides and sex selective abortions
o 6.5 Domestic violence
o 6.6 Trafficking
• 7 Other concerns
• 8 Notable Indian women
• 9 See also
• 10 References
 • 11 Bibliography

• 12 External links
History

There are very few texts specifically dealing with the role of women; an important
exception is thestrIdharmapaddhati of Tryambakayajvan, an official
at Thanjavur around c.1730. The text compiles strictures on womenly behaviour
dating back to the Apastamba sutra (c. 4th c. BCE). The opening verse goes:

mukhyo dharmaH smr^tiShu vihito bhartr^shushruShANam hi :

women are enjoined to be of service to their husbands.
where the term shushruShA (lit. "desire to hear") covers a range of
meanings from the devotee's homage to god, or the obsequious service
of a slave.
Ancient India
Scholars believe that in ancient India, the women enjoyed equal
status with men in all fields of life. However, some others hold
contrasting views. Works by ancient Indian grammarians such
as Patanjali and Katyayana suggest that women were educated in the
early Vedic period Rigvedic verses suggest that the women married at a
mature age and were probably free to select their husband. Scriptures
such as Rig Veda and Upanishads mention several women sages and
seers, notably Gargi and Maitreyi.

Some kingdoms in the ancient India had traditions such

as nagarvadhu ("bride of the city"). Women competed to win the
coveted title of thenagarvadhu. Amrapali is the most famous example of
a nagarvadhu.

According to studies, women enjoyed equal status and rights during the
early Vedic period. However, later (approximately 500 B.C.), the status
of women began to decline with the Smritis (esp. Manusmriti) and with
the Islamic invasion of Babur and the Mughal empire and later
Christianity curtailing women's freedom and rights.

Although reformatory movements such as Jainism allowed women to be

admitted to the religious order, by and large, the women in India faced
confinement and restrictions. The practice of child marriages is believed
to have started from around sixth century.
Medieval period

Krishna at Goddesss Radharani's feet

The Indian woman's position in the society further deteriorated during
the medieval period whenSati among some communities, child
marriages and a ban on widow remarriages became part of social life
among some communities in India. The Muslim conquest in the Indian
subcontinentbrought the purdah practice in the Indian society. Among
the Rajputs of Rajasthan, the Jauhar was practised. In some parts of
India, the Devadasis or the temple women were sexually exploited.
Polygamy was widely practised especially among Hindu Kshatriya
rulers. In many Muslim families, women were restricted
to Zenana areas.

In spite of these conditions, some women excelled in the fields of

politics, literature, education and religion. Razia Sultana became the
only woman monarch to have ever ruled Delhi.
The Gondqueen Durgavati ruled for fifteen years, before she lost her life
in a battle with Mughal emperorAkbar's general Asaf Khan in
1564. Chand Bibi defended Ahmednagar against the
mighty Mughalforces of Akbar in 1590s. Jehangir's wife Nur
Jehan effectively wielded imperial power and was recognized as the
real force behind the Mughal throne. The Mughal princesses Jahanara
and Zebunnissa were well-known poets, and also influenced the ruling
administration Shivaji's mother,Jijabai was deputed as queen regent,
because of her ability as a warrior and an administrator. In South India,
many women administered villages, towns, divisions and heralded
social and religious institutions.

The Bhakti movements tried to restore women's status and questioned

some of the forms of oppression. Mirabai, a female saint-poet, was one
of the most important Bhakti movement figures. Some other female
saint-poets from this period include Akka Mahadevi, Rami Janabai
and Lal Ded. Bhakti sects within Hinduism such as the Mahanubhav,
Varkari and many others were principle movements within the Hindu
fold to openly advocate social justice and equality between men and
women.

Shortly after the Bhakti movement, Guru Nanak, the first Guru
of Sikhs also preached the message of equality between men and
women. He advocated that women be allowed to lead religious
assemblies; to perform and lead congregational hymn singing
called Kirtan or Bhajan; become members of religious management
committees; to lead armies on the battlefield; have equality in marriage,
and equality in Amrit(Baptism). Other Sikh Gurus also preached against
the discrimination against women.

Historical practices
Traditions among some communities such as sati, jauhar,
and devadasi have been banned and are largely defunct in modern
India. However, some cases of these practices are still found in remote
parts of India. The purdah is still practised by Indian women among
some communities, and child marriage remains prevalent despite it
being an illegal practice, especially under current Indian laws.

Sati
Sati is an old, largely defunct custom, among some communities in
which the widow was immolated alive on her husband's funeral pyre.
Although the act was supposed to be a voluntary on the widow's part, it
is believed to have been sometimes forced on the widow. It was
abolished by the British in 1829. There have been around forty reported
cases of sati since independence. In 1987, the Roop Kanwarcase of
Rajasthan led to The Commission of Sati (Prevention) Act.

Jauhar
Jauhar refers to the practice of the voluntary immolation of all the wives
and daughters of defeated warriors, in order to avoid capture and
consequent molestation by the enemy. The practice was followed by the
wives of defeated Rajput rulers, who are known to place a high premium
on honour.
Purdah
Purdah is the practice among some communities of requiring women to
cover their bodies so as to cover their skin and conceal their form. It
imposes restrictions on the mobility of women, it curtails their right to
interact freely and it is a symbol of the subordination of women. It does
not reflect the religious teachings of either Hinduism or Islam, contrary
to common belief, although misconception has occurred due to the
ignorance and prejudices of religious leaders of both faiths.[citation needed]

Devadasis
Devadasi is a religious practice in some parts of southern India, in which
women are "married" to a deity or temple. The ritual was well
established by the 10th century A.D. In the later period, the illegitimate
sexual exploitation of the devadasi's became a norm in some parts of
India.

British rule
European scholars observed in the 19th century that Hindu women are
"naturally chaste" and "more virtuous" than other women. During
the British Raj, many reformers such as Ram Mohan Roy, Ishwar
Chandra Vidyasagar, Jyotirao Phule etc. fought for the upliftment of
women.Peary Charan Sarkar, a former student of Hindu College,
Calutta and a member of "Young Bengal" set up the first free school for
girls in India in 1847 in Barasat, a suburb of Calcutta (later the school
was named Kalikrishna Girls' High School).

While this list might suggest that there was no positive British
contribution during the Raj era, that is not entirely so, since
missionaries' wives like Martha Mault née Mead and her daughter Eliza
Caldwell née Mault are rightly remembered for pioneering the education
and training of girls in south India - a practise that initially met with local
resistance, as it flew in the face of tradition. Raja Rammohan Roy's
efforts led to the abolition of the Sati practice under Governor-
General William Cavendish-Bentinck in 1829. Ishwar Chandra
Vidyasagar's crusade for the improvement in condition of widows led to
the Widow Remarriage Act of 1856. Many women reformers such
as Pandita Ramabai also helped the cause of women upliftment.

Kittur Chennamma, the queen of the princely state Kittur in

Karnataka, led an armed rebellion against the British in response to
the Doctrine of lapse. Abbakka Rani the queen of coastal
Karnataka led the defence against invading European armies
notably the Portuguese in 16th century. Rani Lakshmi Bai, the
Queen of Jhansi, led the Indian Rebellion of 1857 against the
British. She is now widely considered as a nationalist hero. Begum
Hazrat Mahal, the co-ruler of Awadh, was another ruler who led the
revolt of 1857. She refused the deals with the British and later
retreated to Nepal. The Begums of Bhopal were also few of the
notable female rulers during this period. They did not
observepurdah and were trained in martial arts.

Chandramukhi Basu, Kadambini Ganguly and Anandi Gopal

Joshi were few of the earliest Indian women to obtain educational
degrees.

In 1917, the first women's delegation met the Secretary of State to

demand women's political rights, supported by the Indian National
Congress. The All India Women's Education Conference was held
in Pune in 1927. In 1929, the Child Marriage Restraint Act was
passed, stipulating fourteen as the minimum age of marriage for a
girl through the efforts of Mahomed Ali Jinnah. Though Mahatma
Gandhi himself married at the age of thirteen, he later urged people
to boycott child marriages and called upon the young men to marry
the child widows.

Women played an important part in India's independence struggle.

Some of the famous freedom fighters include Bhikaji Cama,
Dr. Annie Besant, Pritilata Waddedar, Vijayalakshmi
Pandit, Rajkumari Amrit Kaur, Aruna Asaf Ali, Sucheta
Kriplani and Kasturba Gandhi. Other notable names
include Muthulakshmi Reddy, Durgabai Deshmukh etc. The Rani of
Jhansi Regiment of Subhash Chandra Bose's Indian National
Army consisted entirely of women including Captain Lakshmi
 Sahgal. Sarojini Naidu, a poet and a freedom fighter, was the first
Indian woman to become the President of the Indian National
Congress and the first woman to become the governor of a state in
India.

Independent India
Women in India now participate in all activities such as
education,sports, politics, media, art and culture, service sectors, science and
technology, etc. Indira Gandhi, who served as Prime Minister of India for an
aggregate period of fifteen years is the world's longest serving woman Prime
Minister.
The Constitution of India guarantees to all Indian women equality
(Article 14), no discrimination by the State (Article 15(1)), equality of
opportunity (Article 16), equal pay for equal work (Article 39(d)). In
addition, it allows special provisions to be made by the State in favour of
women and children (Article 15(3)), renounces practices derogatory to the
dignity of women (Article 51(A) (e)), and also allows for provisions to be
made by the State for securing just and humane conditions of work and for
maternity relief. (Article 42).The feminist activism in India picked up
momentum during later 1970s. One of the first national level issues that
brought the women's groups together was the Mathura rape case. The
acquittal of policemen accused of raping a young girl Mathura in a police
station, led to a wide-scale protests in 1979–1980. The protests were widely
covered in the national media, and forced the Government to amend the
Evidence Act, the Criminal Procedure Code and the Indian Penal Code and
introduce the category of custodial rape. Female activists united over issues
such as female infanticide, gender bias, women health, and female
literacy.Since alcoholism is often associated with violence against women in
India,[25] many women groups launched anti-liquor campaigns in Andhra
Pradesh, Himachal Pradesh, Haryana, Orissa, Madhya Pradesh and other
states.[24] Many Indian Muslim women have questioned the fundamental
leaders' interpretation of women's rights under the Shariat law and have
criticized the triple talaq system.
In 1990s, grants from foreign donor agencies enabled the formation of
new women-oriented NGOs. Self-help groups and NGOs such as Self
Employed Women's Association (SEWA) have played a major role in
women's rights in India. Many women have emerged as leaders of local
movements. For example, Medha Patkar of the Narmada Bachao Andolan.
The Government of India declared 2001 as the Year of Women's
Empowerment (Swashakti). The National Policy For The Empowerment Of
Women came was passed in 2001.
 In 2006, the case of a Muslim rape victim called Imrana was
highlighted in the media. Imrana was raped by her father-in-law. The
pronouncement of some Muslim clerics that Imrana should marry her
father-in-law led to widespread protests and finally Imrana's father-in-law
was given a prison term of 10 years, The verdict was welcomed by many
women's groups and the All India Muslim Personal Law Board.
In 2010 March 9, one day after International Women's day,
Rajyasabha passed Women's Reservation Bill, ensuring 33% reservation to
women in Parliament and state legislative bodies

Laws relating to women

 Commission of Sati (Prevention) Act, 1987

 Dowry Prohibition Act, 1961
 Indecent Representation of Women (Prohibition) Act, 1986
 National Commission for Women Act, 1990
 Protection of Women from Domestic Violence Act, 2005
 Protection of Women against Sexual Harassment Bill, 2007
 Immoral Traffic (Prevention) Act, 1956

Laws relating to children

 Child Labour (Prohibition & Regulation) Act, 1986

 Child Marriage Restraint Act, 1929
 Children Act, 1960
 Children (Pledging of Labour) Act, 1933
 Commissions for the Protection of Child Rights Act, 2005
 Commissions for Protection of Child Rights (Amendment) Act, 2006
 Infant Milk Substitutes Act, 1992
 Infant Milk Substitutes Act, 2003
  Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of
Production, Supply & Distribution) Act, 1992
 Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of
Production, Supply & Distribution) Amendment Act, 2003
 Juvenile Justice (Care & Protection of Children) Act, 2000
 Juvenile Justice (Care & Protection of Children) Amendment Act, 2006
 Prohibition of Child Marriage Act, 2006
 Reformatory Schools Act, 1897
 Young Persons (Harmful Publications) Act, 1956

Laws relating to marriage & divorce

 Anand Marriage Act, 1909

 Arya Marriage Validation Act, 1937
 Births, Deaths & Marriages Registration Act, 1886
 Bangalore Marriages Validating Act, 1936
 Converts’ Marriage Dissolution Act, 1866
 Dissolution of Muslim Marriages Act, 1939
 Foreign Marriage Act, 1969
 Hindu Marriage Act, 1955
 Hindu Marriages (Validation of Proceedings) Act, 1960
 Indian Christian Marriage Act, 1872
 Indian Divorce Act, 1869
 Indian Divorce Amendment Bill, 2001
 Indian Matrimonial Causes (War Marriages) Act, 1948
 Marriage Laws (Amendment) Act, 2001
 Marriages Validation Act, 1892
 Muslim Women (Protection of Rights on Divorce) Act, 1986
 Parsi Marriage & Divorce Act, 1936
 Special Marriages Act,1954
Laws relating to maintenance

The Code of Criminal Procedure, 1973:

 Order for maintenance of wives, children and parents under section 125
 Procedure to be followed under section 125
 Alteration in allowance under section 125
 Enforcement of the order of maintenance

Laws relating to property, succession, inheritance, guardianship & adoption

 Guardians & Wards Act, 1890

 Hindu Adoptions & Maintenance Act, 1956
 Hindu Inheritance (Removal of Disabilities) Act, 1928
 Hindu Minority & Guardianship Act, 1956
 Hindu Succession Act, 1956
 Hindu Succession (Amendment) Act, 2005
 Indian Succession Act, 1925
 Indian Succession (Amendment) Act, 2002
 Married Women's Property Act, 1874
 Married Women’s Property (Extension) Act, 1959

Laws relating to abortion

 Medical Termination of Pregnancy Act, 1971

 Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act,
1994
 Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse)
Amendment Act, 2001
 Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse)
Amendment Act, 2002
Laws relating to working women

 Equal Remuneration Act, 1976

 Maternity Benefit Act,1961

Laws relating to charitable homes & orphanages

 Orphanages & Other Charitable Homes (Supervision & Control) Act, 1960
 Women’s & Children’s Institutions (Licensing) Act, 1956

Other laws

 Protection of Civil Rights Act, 1955

 Protection of Human Rights Act, 1993
 Protection of Human Rights (Amendment) Act, 2000
 Protection of Human Rights (Amendment) Act, 2006

The Indian Penal Code, 1860 for law on

 dowry death
 causing miscarriage or miscarriage without the woman's consent
 death caused by act done with intent to cause miscarriage
 assault or criminal force to a woman with intent to outrage her modesty
 rape
 kidnapping, abducting or inducing woman to compel her marriage
 preventing a child from being born alive or causing its death after birth
 causing death of quick unborn child by act amounting to culpable homicide
 concealment of birth by secret disposal of dead body
 abandoning of child under 12 years of age
 procreation of minor girl
 importation of girl from foreign country
 selling minor for purpose of prostitution
 buying minor for purpose of prostitution
 intercourse by man with his wife during separation
 intercourse by public servant with a woman in his custody
 intercourse by superintendent of jail, remand home, etc
 intercourse by a member of management or staff of a hospital with any
woman in that hospital
 cohabitation caused by a man deceitfully inducing a belief of lawful
marriage
 marrying again during lifetime of spouse
 concealment of former marriage
 fraudulent marriage ceremony without lawful marriage
 adultery
 enticing, detaining or taking away with criminal intent a married woman
 husband or relative of a husband of a woman subjecting her to cruelty
 word, gesture or act intended to insult the modesty of a women
 assault or criminal force to women with intent to outrage her modesty
 The Rights Of Children in India

The hallmark of culture and advance of civilisation consists in the fulfillment of

our obligation to the young generation by opening up all opportunities for every
child to unfold its personality and rise to its full stature, physical, mental, moral
and spiritual. It is the birth right of every child that cries for justice from the world
as a whole. –Justice V.R. Krishna Iyer1

During earlier times, not much special attention was given towards the
development of children. Later on with the change of the times special attention
towards the development of children was taken by the many governments of the
world. In every civilized society development of children must be given utmost
importance because they are the assets of a nation. Children possess certain
special physical & mental characteristics for which they need special care &
treatment. The Governments of every state shall make policies for the
development of children.

Long ago, there were no concern on the part of the government on the
development of children & their rights. They have been used as labour from
ages. Child labour is not a new term. It is been mentioned in Manusmritis as well.
Children were exploited in many ways. There was no formal system of primary
education for the children in those days. They used to work in the fields with their
parents. With the change of times the ambit of work changed from working in the
fields to working in factories, mines, plantations etc. The conditions of children
improved a bit during the British period in India. The British Government enacted
many legislations which prohibited the working of children in hazardous factories.
They also enacted certain legislations for the primary education of the children.

After the Independence of India & commencement of the constitution, children

were conferred many rights under the constitution. The Government of India also
enacted a number of legislations for the protection of the rights of the children in
India.

Legal Definition of Child

The term ‘Child’ is not defined in the Indian Constitution. According to Article 1 of
the United Nations Convention on the Rights of the Child 1989, ‘a child means
every human being below the age of eighteen years unless, under the law
applicable to the child, majority is attained earlier’. The legal definition of child
tends to depend upon the purpose. There are a number legislations in India
which defines the term ‘Child’ depending upon the purpose. Under the Indian
Majority Act,1875 the age of majority is eighteen years & in case of a minor for
whose person & property a guardian is appointed or whose property is under the
supervision of the Court of Wards the age of majority twenty-one years. Under
the Child Labour (Prohibition and Regulations) Act, 1986, child means a person
who has not completed his fourteenth year of age. Under the Child Marriage
Restraint Act, 1926, child means a person who, if a male, has not completed
twenty-one years of age and, if a female, has not completed eighteen years of
age. Under Juvenile Justice (Care and Protection) Act, 2000, ‘Juvenile’ or ‘Child’
means a person who has not completed eighteenth year of age.

United Nations Convention on the Rights of the Child (CRC)

The United Nations Convention on the Rights of the Child (UNCRC) is a
comprehensive, internationally binding agreement on the rights of children,
adopted by the UN General Assembly in 1989. It incorporates children's civil and
political rights (like their treatment under the law), social, economic and cultural
rights (like an adequate standard of living) & protection rights (from abuse and
exploitation). A child is defined in the UNCRC as a person under the age of 18
years.

There are four main sections to the UNCRC:

· the Preamble, which sets out the major underlying principles of the UNCRC and
provides a context for it,
· the substantive articles, which set out the rights of all children and the
obligations of governments (Part I, Articles 1-41),
· the implementation provisions, which define how compliance with the UNCRC is
to be monitored and fostered (Part II, Articles 42-45) and
· the conditions under which the UNCRC comes into force (Part III, Articles 46-
54).

The Preamble
The Preamble of the UNCRC acknowledges the family as the fundamental unit of
society and the natural environment for the growth and well-being of children.
The Preamble also states that the family should be afforded the necessary
protection and assistance so that it can fully assume its responsibilities within the
community.

The Substantive Articles

Each of the substantive articles, Articles 1-41, details a different type of right. A
common approach to the UNCRC is to group these articles together under the
following themes:

1. Survival rights: include the child’s right to life and the needs that are most
basic to existence, such as nutrition, shelter, an adequate living standard, and
access to medical services

2. Development rights: include the right to education, play, leisure, cultural

activities, access to information, and freedom of thought, conscience and
religion.

3. Protection rights: ensure children are safeguarded against all forms of abuse,
neglect and exploitation, including special care for refugee children; safeguards
for children in the criminal justice system; protection for children in employment;
protection and rehabilitation for children who have suffered exploitation or abuse
of any kind.

4. Participation rights: encompass children's freedom to express opinions, to

have a say in matters affecting their own lives, to join associations and to
assemble peacefully. As their abilities develop, children are to have increasing
opportunities to participate in the activities of their society, in preparation for
responsible adulthood.

General Principles
Within the UNCRC, four articles are afforded special emphasis, as they are basic
to the implementation of all other rights. These four articles are often referred to
as 'general principles'. These are:

· that all the rights guaranteed by the UNCRC must be available to all children
without discrimination of any kind (Article 2);
· that the best interests of the child must be a primary consideration in all actions
concerning children (Article 3);
· that every child has the right to life, survival and development (Article 6); and
· that the child’s view must be considered and taken into account in all matters
affecting him or her (Article 12).

Constitutional Provisions relating to Children

The framers of our Constitution were well known of the fact the development of
the nation can be achieved by the development of the children of the nation & it
is necessary to protect the children from exploitation as well. The following are
the provisions of the Indian Constitution relating to children:

· Article 14 provides that the State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India.

· Article 15(3) provides that Nothing in this article shall prevent the State from
making any special provision for women and children.

· Article 21 provides that no person shall be deprived of his life or personal liberty
except according to procedure established by law.

· Article 21A provides that the State shall provide free and compulsory education
to all children of the age of six to fourteen years in such manner as the State
may, by law, determine.

· Article 23(1) provides that traffic in human beings and beggar and other similar
forms of forced labour are prohibited and any contravention of this provision shall
be an offence punishable in accordance with law.
· Article 24 provides that no child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in any other hazardous
employment.

· Article 29(2) provides that no citizen shall be denied admission into any
educational institution maintained by the State or receiving aid out of State funds
on grounds only of religion, race, caste, language or any of them.

· Article 39(e) provides that the shall, in particular, direct its policy towards
securing that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength.

· Article 39(f) provides that the shall, in particular, direct its policy towards
securing that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.

· Article 45 provides that the State shall endeavour to provide early childhood
care and education for all children until they complete the age of six years.

· Article 47 provides that the State shall regard the raising of the level of nutrition
and the standard of living of its people and the improvement of public health as
among its primary duties.

· Article 51A(k) provides that it shall be the duty of every citizen of India who is a
parent or guardian to provide opportunities for education to his child or, as the
case may be, ward between the age of six and fourteen years.

Other Legislations
Apart from the Constitution there are a number of legislations which deals with
children. The following are some of them:

The Guardian and Wards Act 1890

This Act deals with the qualifications, appointment & removal of guardians of
children by the courts & is applicable to all children irrespective of their religion.

The Child Marriage Restraint Act 1929

This Act as amended in 1979 restraints the solemnization of child marriages by

laying down the minimum age for both boys & girls. This law is applicable to all
communities irrespective of their religion.

The Orphanages and Other Charitable Homes (Supervision And Control) Act
1960

This Act provides for the supervision and control of orphanages and homes for
children.

Apprentices Act 1961

This Act lays down qualifications for persons above fourteen years of age to
undergo apprenticeship training in any designated trade.

The Child Labour (Prohibition And Regulation) Act 1986

This Act prohibits the engagement of children in certain employment & regulates
the conditions of work of children in certain other employment.

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act 1992

This Act regulates the production, supply and distribution of infant milk
substitutes, feeding bottles & infant foods with a view to the protection &
promotion of breastfeeding & ensuring the proper use of infant foods & other
incidental matters.

The Pre-Natal Diagnostic Technique (Regulation and Prevention of Misuse) Act

1994

This Act provides for the regulations of the use of pre-natal diagnostic techniques
for the purpose of detecting genetic or metabolic or chromosomal abnormalities
or certain congenital malformation or sex-linked disorders & for the prevention of
the misuse of such techniques for the purpose of pre-natal sex determination
leading to female foeticide.

The Juvenile Justice (Care and Protection of Children) Act 2000

This Act deals with the law relating to juveniles in conflict with law & children in
need of care & protection, by providing for proper care, protection & treatment by
catering to their development needs & by adopting a child-friendly approach in
the adjudication & disposition of matters in the best interest of children & for their
ultimate rehabilitation through various institutions established under the Act.

Policies of the Government regarding Children

The Government of India has made a number of policies regarding the physical,
mental & social development of the children of the country. The Government has
also made many policies on the health & education of the children. The following
are some of the important policies of the Government regarding children:

· National Policy for Children, 1974

· National Policy on Education, 1986
· National Policy on Child Labour, 1987
· National Health Policy ,2002

National Policy for Children 1974

India is one of the few countries in the world which have a written policy for
children. This policy declares that the children are the ‘supreme asset of the
nation ’.The following are some of the features of the policy:

1. All the children shall be covered under a comprehensive health programme.

2. Programmes to be implemented to provide nutrition to children & remove
deficiency from the diet of the children.
3. To provide non-formal education.
4. Special attention to be taken towards the physically challenged, mentally
retarded children.
5. All children shall be ensured equality of opportunity.

National Policy on Education 1986

This was second policy on education; the first policy of 1968 was revised by this
policy. This policy was regarded as a landmark one. This policy gave highest
importance on the Universal Primary Education. It also gave importance to early
childhood care & education. It gave emphasis on the need of large-scale
investment on the development of children both through Government & through
voluntary organisations. Later on a number programmes were undertaken
throughout the country like the Operation Black Board, Sarva Siksha Abhiyan
etc. The Operation Black Board & Sarva Siksha Abhiyan became very popular all
over the country.

National Policy on Child Labour 1987

The National Policy on Child Labour is a landmark endeavour in the progressive
elimination of child labour in India.The policy encompasses actions in the field of
education, health, nutrition, integrated child development & employment. The
National Policy on Child Labour is set under the following three heads:

· The Legislative Plan.

· Focusing of general programmes for benefiting child labour wherever possible.
· Project-based plan of action in areas of high concentration of child labour
engaged in wage/quasi-wage employment.

National Health Policy 2002

The first policy on health, 1983 aimed at achieving ‘health for all by the year 2000
’. The second policy on health, 2002 envisages giving priority to school health
problems which aimed at health education & regular health check-ups at schools.
The principle feature of this policy was to prevent communicable diseases like
HIV/AIDS &to provide for universal immunization of children against all major
preventable disease.
Judicial Decisions
M.C. Mehta Vs. State of Tamil Nadu and Others2
In this case, Indian activist plaintiff M.C. Mehta sued the state of Tamil Nadu to
improve the working conditions for children and to provide children rescued from
hazardous labor with an education. The Hon’ble Supreme Court issued a
landmark ruling that the Indian Constitution (Article 24) requires the state to
endeavor to provide a free, compulsory education for children. The Court found
that children under the age of 14 could not be engaged in hazardous
employment, and ordered the government to establish and maintain a child labor
rehabilitation welfare fund. Employers that violated child labor laws would be
required to make a deposit into the fund; the government would also be required
to offer the parent of each child engaged in hazardous employment a job, or else
make a deposit into the fund.

Bandhua Mukti Morcha Vs. Union of India and others3

In this case, the Supreme Court held "Therefore, whenever it is shown that the
labourer is made to provide forced labour, the Court would raise a presumption
that he is required to do so in consideration of an advance or other economic
consideration received by him and he is, therefore, a bonded labour. This
presumption may be rebutted by the employer and also by the State Government
if it so chooses but unless and until satisfactory material is provided for rebutting
this presumption, the Court must proceed on the basis that the labourer is a
bonded labourer entitled to the benefit of provisions of the Act. The State
Government cannot be permitted to repudiate its obligation to identify, release
and rehabilitate the bonded labourers on the plea that though the concerned
labourers may be providing forced labour, the State Government does not owe
any obligation to them unless and until they show in an appropriate legal
proceeding conducted according to the rules of adversary system of justice, that
they are bonded labourers."

J.P.Unnikrishnan & Others Vs. State of Andhra Pradesh & Others4

In this case, the Supreme Court held that citizens of this country have the
fundamental right to education and the said right flows from Article 21 of
the Constitution. This right is, however, not an absolute right. Every child/citizen
of this country has the right to free education until he completes the age of
fourteen years. Thereafter, his right to education is subject to limits of the
economic capacity and development of the State.

Mohini Jain vs. State of Karnataka5

In this case, the Supreme Court was called upon to deal with the question of right
to education underArticle 41 and once again the Court emphasized the
importance of Directive Principles by holding that the right to education is
concomitant to the Fundamental Rights and made the following observation:

“The directive principles which are fundamental in the governance of the country
cannot be isolated from the Fundamental Rights guaranteed under Part III.
These principles have to be sent into the Fundamental Rights. Both are
supplementary to each other. The State is under a constitutional mandate to
each other. The State is under a constitutional mandate to create conditions in
which the Fundamental Rights guaranteed to the individuals under Part III could
be enjoyed by all. Without making “Right to education” under Article 41 of
the Constitution a reality, the Fundamental Rights under Chapter III shall remain
beyond the reach of large majority which is illiterate. The Fundamental Rights
guaranteed under Part III of the Constitution of India including the right to
freedom of speech and expression and other rights under Article 19 cannot be
appreciated and fully enjoyed unless a citizen is education and is conscious of
his individualistic dignity”.

Conclusion
The National Policy for Children, 1974 declared that the children are the
‘supreme asset of the nation ’. Children are the future of the nation. No civilized
country can ever develop without proper health & educational development of
their children. The Government must divert its policies towards the development
of children. All prominent policies of the Government must contain provisions
relating to children. The Constitution of India aimed at making India a Welfare
State & for achieving it the development of the children of our nation is essential.

1. 1.”Jurisprudence of Juvenile Justice: A Preambular Perspective”.

2. AIR 1991 SC 417; AIR 1997 SC 699
3. AIR 1984 SC 802
4. AIR 1993 SC 2178
5. AIR 1992 SC 1858