Table of Contents
1. Basic Rights - Child Rights as Human Rights
2. International Protection -
2.1. United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (Beijing kutes)
2.2. United Nations Convention on the Rights of the Child, 1989
2.3. United Nations Guidelines for the Prevention of Juvenile Delinquency- Riyadh Guidelines; Havana Conventions; Vienna Guidelines
3. Legal Protection for Children in India
3.1. Fundamental Rights as defined by the Constitution of India
3.2. National Commission for Protection of Child Rights and State Commission for the Protection of Child Rights
Introduction
Children represent the most vulnerable section of society and require special care and protection due to their physical, emotional, and psychological dependence on adults. Their rights are integral to human rights and must be protected through effective legal frameworks, policies, and conventions at both national and international levels. This essay delves into child rights as human rights, explores international conventions and rules safeguarding these rights, and discusses India’s constitutional and legal mechanisms for child protection.
Meaning
Children are the foundation of any society, deserving care, protection, and guidance to ensure their holistic development. As vulnerable members of society, children require special rights that cater to their unique needs and challenges. The concept of child rights stems from the broader framework of human rights, aiming to secure the basic necessities, dignity, and freedoms essential for every child’s growth.
The recognition of child rights as human rights has been reinforced by various international conventions, guidelines, and national laws that seek to protect children from exploitation, abuse, and neglect. This essay explores child rights through three major lenses: their classification as human rights, international frameworks safeguarding these rights, and the legal protections available for children in India, including constitutional provisions, statutory bodies, and landmark judgments that define the scope of child protection
Basic Rights – Child Rights as Human Rights
Child rights are a subset of human rights designed specifically for individuals under 18 years of age. These include the right to survival, development, protection, and participation.
In India, the Constitution of India under Article 21A mandates free and compulsory education for children aged 6-14 years. Article 24 prohibits child labor in hazardous industries, and Article 39€ and (f) under the Directive Principles of State Policy (DPSP) obligate the state to protect children from abuse and exploitation.
The rights of children encompass the fundamental principles of survival, protection, development, and participation. These are embedded in the broader spectrum of human rights and emphasize the importance of safeguarding children from any form of exploitation or harm. In the Indian context, the Constitution explicitly acknowledges the necessity of protecting children. Article 21A mandates free and compulsory education for children aged 6-14 years, underscoring the right to education as a fundamental pillar of child development.
Similarly, Article 24 prohibits the employment of children in hazardous industries, reflecting the state’s commitment to shielding children from exploitation. The ”irective Principles of State Policy further strengthen these provisions, with Article 39€ and (f) obligating the state to ensure that children are not abused and that their opportunities for development are safeguarded.
The judiciary has also played a crucial role in interpreting these rights. In MC Mehta v. State of Tamil Nadu (1996), the Supreme Court issued directives to curb child labor and emphasized the need for rehabilitation programs for affected children, linking the right to education and livelihood with broader human rights principles
Key Case Law:
● MC Mehta v. State of Tamil Nadu (1996): The Supreme Court emphasized the eradication of child labor and directed the establishment of welfare schemes for working children.
International Protection
United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (Beijing Rules)
The Beijing Rules focus on providing justice systems that prioritize rehabilitation over punishment for juveniles. They encourage community-based interventions, counseling, and the minimization of institutionalization. The international framework for child rights is robust, providing guidelines and conventions to protect children across the globe.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (Beijing kutes)
The United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (Beijing Rules), lay the foundation for a justice system that prioritizes the rehabilitation and reintegration of juvenile offenders rather than punitive measures. These rules emphasize the necessity of community-based interventions and the minimization of institutionalization for young offenders. They advocate for a justice system sensitive to the developmental needs of juveniles, with provisions influencing India’s Juvenile Justice (Care and Protection of Children) Act, 2015.
Key Principles:
1. Minimum age of criminal responsibility should be determined based on maturity.
2. Juvenile offenders should only be detained as a last resort.
Case Study:
The Rules have influenced India’s Juvenile Justice (Care and Protection of Children) Act, 2015, which categorizes juveniles based on the severity of their offenses.
United Nations Convention on the Rights of the Child, 1989 (UNCRC)
The UNCRC is a comprehensive human rights treaty with 54 articles addressing children’s civil, political, economic, social, and cultural rights.
Another cornerstone of international child rights is the United Nations Convention on the Rights of the Child, 1989 (UNCRC), which India ratified in 1992. This comprehensive treaty encompasses civil, political, economic, social, and cultural rights of children, with key provisions like Article 3, ensuring that the best interests of the child are prioritized, and Article 19, protecting children from all forms of abuse and neglect.
The UNCRC has significantly shaped India’s legal and policy frameworks, inspiring laws like the Protection of Children from Sexual Offences (POCSO) Act, 2012, which seeks to address child abuse comprehensively. Furthermore, the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) advocate for preventive measures to reduce juvenile delinquency through community support and early intervention strategies.
Complementing these are the Havana Rules, which provide standards for the treatment of juveniles deprived of liberty, and the Vienna Guidelines, emphasizing international cooperation in protecting child rights. Together, these international instruments have influenced national policies, promoting the welfare and rights of children globally.
Key Provisions:
● Article 3: Best interests of the child to be a primary consideration in all actions.
● Article 12: Right to express views freely in matters affecting the child.
● Article 19: Protection from all forms of abuse and neglect.
Indian Adaptation:
India ratified the UNCRC in 1992 and incorporated its principles into various legislations like the Right to Education Act, 2009 and Protection of Children from Sexual Offences Act (POCSO), 2012.
United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines)
The Riyadh Guidelines advocate for early intervention and preventive measures to reduce juvenile delinquency through education, family support, and community engagement.
Additional Guidelines:
● Havana Rules (1990): Standards for the treatment of juveniles deprived of liberty.
● Vienna Guidelines: Promote international cooperation for child rights protection.
Legal Protection for Children in India
India’s legal framework for child protection is rooted in constitutional principles and supplemented by statutory laws and institutions. The Constitution of India ensures several rights for children under the banner of fundamental rights. Article 14 guarantees equality before the law, ensuring non-discrimination, while Article 15(3) empowers the state to make special provisions for children. Article 21 secures the right to life, which has been expansively interpreted to include the right to dignity, education, and health.
Landmark cases like Unnikrishnan JP v. State of Andhra Pradesh (1993) have reinforced the right to education as intrinsic to the right to life, leading to the enactment of the Right of Children to Free and Compulsory Education Act, 2009. Additionally, Article 39€ and (f) under the Directive Principles of State Policy obligates the state to safeguard children from abuse and exploitation, reflecting the constitutional commitment to their welfare.
Fundamental Rights as Defined by the Constitution of India
The Constitution ensures several fundamental rights for children, including:
● Article 14: Equality before the law and equal protection of laws.
● Article 15(3): Special provisions for children and women.
● Article 21: Right to life, including the right to dignity and basic necessities.
Case Law:
● Unnikrishnan JP v. State of Andhra Pradesh (1993): Recognized education as a fundamental right under Article 21.
National Commission for Protection of Child Rights (NCPCR) and State Commissions
The statutory framework is further bolstered by institutions like the National Commission for Protection of Child Rights (NCPCR), established under the Commissions for Protection of Child Rights Act, 2005. The NCPCR, along with state commissions, plays a pivotal role in monitoring child rights violations, reviewing policies, and ensuring the effective implementation of child protection laws. For instance, during the COVI”-19 pandemic, the NCPCR undertook various initiatives to curb child trafficking and child labor, highlighting its proactive approach.
The Juvenile Justice (Care and Protection of Children) Act, 2015, is another significant legislation, focusing on the care, protection, and rehabilitation of children in conflict with the law. This act aligns with international standards like the UNCRC and the Beijing Rules, emphasizing the principles of restorative justice and the best interests of the child.
Established under the Commissions for Protection of Child Rights Act, 2005, the NCPCR and its state counterparts are statutory bodies tasked with monitoring child rights violations, reviewing laws, and spreading awareness.
Functions:
1. Monitor the implementation of child-related laws like the POCSO Act and Juvenile Justice Act.
2. Ensure child-friendly legal procedures.
Example:
The NCPCR conducted multiple interventions during the COVID-19 pandemic to prevent child trafficking and labor.
Conclusion
Child rights are integral to fostering a fair and equitable society. Both international and domestic frameworks play vital roles in their protection and implementation. While global conventions set benchmarks, local adaptations ensure contextual relevance. India’s legal system, rooted in constitutional values and guided by international principles, strives to secure the best interests of children. However, there remains a need for stronger enforcement mechanisms and awareness campaigns to bridge the gap between policy and practice.
The rights of children are fundamental to the development of a just and equitable society. Recognizing children as individuals with distinct rights, rather than mere dependents, is a crucial step towards achieving this goal. International conventions like the UNCRC and national frameworks such as the Constitution of India and laws like the Juvenile Justice Act reflect a comprehensive approach to child protection. However, challenges remain in ensuring the effective implementation of these laws, necessitating stronger enforcement mechanisms, greater awareness, and a coordinated effort between governmental and non-governmental organizations. By addressing these gaps, societies can ensure that every child is afforded the opportunities and protections necessary for a dignified and fulfilling life.
References
1. UN General Assembly, “United Nations Convention on the Rights of the Child, 1989.”
2. “Commissions for Protection of Child Rights Act, 2005.”
3. Supreme Court of India judgments like MC Mehta v. State of Tamil Nadu and Unnikrishnan JP v. State of Andhra Pradesh.
4. Juvenile Justice (Care and Protection of Children) Act, 2015.
5. National Commission for Protection of Child Rights (NCPCR) reports.
6. United Nations Convention on the Rights of the Child, 1989.
7. Constitution of India, Articles 14, 15(3), 21, 21A, 24, and 39€(f).
8. Commissions for Protection of Child Rights Act, 2005.
9. MC Mehta v. State of Tamil Nadu, (1996) 6 SCC 756.
10. Unnikrishnan JP v. State of Andhra Pradesh, (1993) 1 SCC 645.
11. Juvenile Justice (Care and Protection of Children) Act, 2015.
12. Protection of Children from Sexual Offences Act, 2012.
13. The Convention on the Rights of the Child: The children's version
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