CHILD Protection & Child Rights

The Indian constitution accords rights to children as citizens of the country, and in keeping with their special status the State has even enacted special laws. The Constitution, promulgated in 1950, encompasses most rights included in the UN  Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy. Over the years, many individuals and public interest groups have approached the apex court for restitution of fundamental rights, including child rights. The Directive Principles of State Policy articulate social and economic rights that have been declared to be “fundamental in the governance of the country and … the duty of the state to apply … in making laws” (Article 37).

Constitutional Guarantees that are meant specifically for children 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 form 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))
·         Right to early childhood care and education to all children until they complete the age of six years (Article 45)

Besides, Children 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 minorities for protection of their interests (Article 29)
·         Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46)
·         Right to nutrition and standard of living and improved public health (Article 47)    

1890: Guardians and Wards Act

1948: Factories Act (Amended in 1949, 1950 and 1954)

1956: Hindu Adoption and Maintenance Act

1956: Immoral Traffic (Prevention) Act (amended in 1986)

1956: Probation of Offenders Act

1960: Orphanages and Other Charitable Homes (Supervision and Control) Act

1974: National Policy for Children

1976: Bonded Labour System (Abolition) Act

1986: Child Labour (Prohibition and Regulation) Act

1987: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act

1989: Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act

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

1994: Transplantation of Human Organ Act

1996: Persons with Disabilities (Equal Protection of Rights and Full articipation) Act

2000: Information Technology Act

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

2000: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act

2002: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act

2006: Prohibition of Child Marriage Act

2006: Juvenile Justice (Care and Protection of Children) Act (Amendment, 2006)

2009: The Right of Children to Free and Compulsory Education Act, 2009

2012: Protection of Children from Sexual Offences Act-2012

2012: Protection of Children from Sexual Offences Notified Rules - 2012

2012: The Child Labour (Prohibition and Regulation) Amendment Bill, 2012