Introduction:
India is a party to the UN declaration on the Rights of the Child 1959. Accordingly, it adopted a National Policy on Children in 1974. The policy reaffirmed the constitutional provisions for adequate services to children, both before and after birth and through the period of growth to ensure their full physical, mental and social development.
Accordingly, the government is taking action to review the national and state legislation and bring it in line with the provisions of the Convention. It has also developed appropriate monitoring procedures to assess progress in implementing the Convention-involving various stake holders in the society.
India is also a signatory to the World Declaration on the Survival, Protection and Development of Children. In pursuance of the commitment made at the World Summit, the Department of Women and Child Development under the Ministry of Human Resource Development has formulated a National Plan of Action for Children. Most of the recommendations of the World Summit Action Plan are reflected in India’s National Plan of Action- keeping in mind the needs, rights and aspirations of 300 million children in the country.
The priority areas in the Plan are health, nutrition, education, water, sanitation and environment. The Plan gives special consideration to children in difficult circumstances and aims at providing a framework, for actualization of the objectives of the Convention in the Indian context.
As minors by law children do not have autonomy or the right to make decisions on their own for themselves in any known jurisdiction of the world. Instead their adult caregivers, including parents, social workers, teachers, youth workers and others, are vested with that authority, depending on the circumstances. Some believe that this state of affairs gives children insufficient control over their own lives and causes them to be vulnerable.
Before we ponder upon the concept of the rights of the children, we need to know the definition of the term ‘child’ which The Convention of the Rights of the Child defines as persons below the age of 18 years, however different laws stipulate different cut-off ages to define a child. Only the Juvenile Justice (Care and Protection) Act 2000 is in consonance with the Convention. In the absence of a clear definition of a child, it is left to various laws and interpretations. Children’s rights are defined in numerous ways, including a wide spectrum of civil, cultural, economic, social and political rights. Children’s rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child. (1) Interpretations of children’s rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse, though what constitutes “abuse” is a matter of debate. Other definitions include the rights to care and nurturing. (2)
Basic Rights of Children in India:
The right to Education and Cultural Development: 50% of Indian children aged 6-18 do not go to school; Dropout rates increase alarmingly in class III to V, its 50% for boys, 58% for girls. Every child has the right to development that lets the child explore her/his full potential. Unfavourable living conditions of underprivileged children prevent them from growing in a free and uninhibited way.
The right to Expression and Thought: Every child has a right to express himself freely in whichever way he likes. Majority of children however are exploited by their elders and not allowed to express.
The right to Information and Participation: Every child has a right to know his basic rights and his position in the society. High incidence of illiteracy and ignorance among the deprived and underprivileged children prevents them from having access to information about them and their society.
The right to Nutrition: More than 50% of India’s children are malnourished. While one in every five adolescent boys is malnourished, one in every two girls in India is undernourished.
The right to Health & Care: 58% of India’s children below the age of 2 years are not fully vaccinated. And 24% of these children do not receive any form of vaccination. Over 60% of children in India are anemic. 95 in every 1000 children born in India, do not see their fifth birthday. 70 in every 1000 children born in India, do not see their first birthday.
Right to protection from harm:
The right to protection from Abuse: There are approximately 2 million child commercial sex workers between the age of 5 and 15 years and about 3.3 million between 15 and 18 years. They form 40% of the total population of commercial sex workers in India. 500,000 children are forced into this trade every year.
The right to protection from Exploitation: 17 million children in India work as per official estimates. A study found that children were sent to work by compulsion and not by choice, mostly by parents, but with recruiter playing a crucial role in influencing decision. When working outside the family, children put in an average of 21 hours of labour per week. Poor and bonded families often “sell” their children to contractors who promise lucrative jobs in the cities and the children end up being employed in brothels, hotels and domestic work. Many run away and find a life on the streets.
The right to protection from Neglect: Every child has a right to lead a well protected and secure life away from neglect. However, children working under exploitative and inhuman conditions get neglected badly.
The right to Recreation: Every child has a right to spend some time on recreational pursuits like sports, entertainment and hobbies to explore and develop. Majority of poor children in India do not get time to spend on recreational activities.
The right to Name, Identity & Nationality: Every child has a right to identify himself with a nation. A vast majority of underprivileged children in India are treated like commodities and exported to other countries as labour or prostitutes.
The right to Survival: Of the 12 million girls born in India, 3 million do not see their fifteenth birthday, and a million of them are unable to survive even their first birthday. Every sixth girl child’s death is due to gender discrimination.
Rights of the Children Guaranteed by the Indian Constitution and Statutes:
The Constitution of India guarantees all children certain rights, which have been specially included for them. These include:
1. Right to free and compulsory elementary education for all children in the 6-14 years of age group (Article 21-A).
2. Right to be protected from any hazardous employment till the age of 14 years (Article 24).
3. Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)).
4. 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).
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).
Despite Constitutional guarantees of opportunity and civil rights, millions of children face wide-spread deprivation and discrimination. The Constitution of India provides a comprehensive understanding of child rights. A fairly comprehensive legal regime exists for their implementation. India is also a signatory to several international legal instruments including the Convention of the Rights of the Child (CRC). However, the government seems to be more comfortable with the idea of well-being rather than rights (with its political overtones). Needless to say, ours is not the only government to do so. The Union Government’s ideology resonates with the watering down of the rights based framework in the recent UN Special Session on Children which failed to reaffirm international pledges made in 1990 to protect the rights of children.
That our laws are not child friendly or child oriented is also evident in the distinction family laws make between legitimate and illegitimate children depending on the status of their parents’ marriage or relationship. A child born out of wedlock or of a void or illegal marriage is considered ‘illegitimate’. Children pay for the decisions taken by the parents and are denied inheritance rights. Even worse, a child born of rape is stigmatized and treated as ‘illegitimate’, both by society and law.
Recognizing the flaws of the 1986 Juvenile Justice Act, the government passed the Juvenile Justice (Care and Protection) Act, 2000. But the knee jerk reaction in amending the law without a wider discussion and consultation with child rights practitioners has left many who are concerned with children and work with them deeply distressed. In 2003 the government drafted amendments


