Child Rights in India

Child Rights in India

Children are backbone and the most important assets of any society. The future of the country also depends on the nature of children of that particular country. India is very fortunate that it is a home-land for the 20% of children from the entire globe. Around the 35 million of children in India are highly accomplished with in the vast field of gender Caste creed and religion creating the disaffection while generalizing the Indian childhood. In-spite of these there are certain those who either got killed in side the womb of the mother or die because of lack in medical facilities, foods etc. and those who are trafficked and forced to work as a sex worker, they are invisible and uncounted for children-in India. Beside of many international laws regarding protection of children there is one in every eight child in globe working in hazardous firm where they faces many problems like mental and physical illness etc. though there are clear and strict provision present in Indian constitution to safeguard the children by providing them education and make every possibility that they did not work for living, it is vary unfortunate that problems of children still continued in various part of the nation.

Definition of child in conventions and charters:

Every human being below the age of 18 years unless under the law applicable and the child, maturity is attended earlier[1].

There is certain Indian legislation where the word child has defined, some of them are as follow:

  1. The Indian Penal Code 1860 defines the child as being age of 12 year.
  2. According to immoral Traffic (prevention) Act, age of minor is below 16 years of age.
  3. Section 376 of the Indian Penal Code which held the punishment for the offence of rape and sodomy, according to this particular law age of consent must of 16 years of age.
  4. Section 82 and 83 of IPC states that person below age off 7 years had immunity and are free from any type of criminal lability and further at the age of 12 years are considered that they had not attend the enough maturity to understand the consequences of the conduct.
  5. According to the JJ Act 2001 male minor is below the age of 16 year where as the age of female minor is age below of 18 years.

When we look at the above condition we will find that there is no specific age limitation for stating one as a child, it depends upon the circumstances.

Impact of child exploitation:

 Child labor and exploiting the right of children are act that bring the emotional mental and the physical health in danger. It also affects the development of children without giving the child opportunity of good food, education and shelter.

       There are four major categories of child abuse that are physical, emotional, sexual and neglect.

Neglect is bit different concept of exploitation and constitute a failure to provide child’s basic needs. In further neglect is also categorized in various heads that are physical, educational and emotional neglect.

Physical neglect covers the insufficient provision of food, housing, cloth, medical care etc. educational neglect covers the failure of registering and sending children to school for the basic study in appropriate age gaps. Emotional neglect covers lack of emotional support and failure of provide mental care, domestic violence and allowing child to got indulge in drugs and alcohol abuse.

Legal frame work:

The constitution of India directs the state (as in Directive Principles of State) must make sure that children are getting opportunity and facilities to develop in a healthy manner and in condition of freedom and dignity and their childhood and youth are protected from exploitation and against moral abandonment.

Article 14-17, 21, 23, 24 of Indian constitution deals with the right to equality, to the protection of life, protection of liberty and against exploitation which also govern the children in India.

Administrative Authority:

There is responsibility on ministry of child and women development (MCWD) to protect the children from al form of violation, assaults, abuse, neglect, discrimination, stigma etc. for example NATIONAL PLAN FOR ACTION OF CHILDREN (NPAC) ACT. The ministry directly works under the government heads and had the responsibility to provide the children a smooth and exploitation free environments for their living the phase of childhood

Federal law:

In federal law there are certain law which governs the protection of child from abuses and exploitations, which are as follow

 The Juvenile Justice (care and protection of children) Act, 2015

Commission for Protection of Child Right (CPCR) Act, 2005

Protection of Children from Sexual Abuse (POSCO) Act, 2012

Conclusion: All stake holders should jointly resist any form of child labor using whatever means available. A networking of international NGOs working in this field has to be created for advocacy with various departments to ban child labor. International funding organizations have to identify a contact organization in each country to help NGOs who are working in this field undertaking activities for the banning of child labor and identify national projects to be implemented in a transparent manner with good stewardship.

[1] Article 1 of UN convention on right of child

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