Women and Child Law

ASSIGNMENT

ON

RIGHTS OF CHILDREN AGAINST

EXPLOITATION

Submitted to:

Ms. Dakshita Sangwan

Faculty of Law,

Jamia Millia Islamia.Prepared By:

Anirudh Arora

B.A. LL.B.(Hons.)

Faculty of Law,

Jamia Millia Islamia

ACKNOWLEDGEMENT

At the outset, I would like to thank my Women and Child Law teacher, Ms. Dakshita Sangwan, for being a guiding force throughout the course of this submission and being instrumental in the successful completion of this project report without which my efforts would have been in vain.

I am thankful to the Librarians, Faculty of Law, Jamia Millia Islamia for helping me in collecting the relevant material for my project report.

I would like to extend my sincere thanks to my friends and family for their constant review and honest remarks.

S.NO.

CONTENTS

PAGE NO.

1.

TABLE OF CASES

4

2.

INTRODUCTION

5

3.

INTERNATIONAL BILL OF RIGHTS

6

4.

UNITED NATIONS CONVENTIONS ON THE RIGHTS OF CHILDREN (UNCRC)

6

5.

UNITED NATIONS INTERNATIONAL CHILDRENS EMERGENCY FUND (UNICEF)

7

6.

CONVENTION ON THE RIGHTS OF THE CHILD

8

7.

THE DECLARATION ON THE RIGHT OF CHILD, 1959

9

8.

CASES DECIDED BY INTERNATION JUDICIAL ORGANS

10

9.

KEYS CHILDRENS RIGHTS DECISIONS OF THE WARREN & BURGER COURTS

10

10.

SAARC DECADE OF THE RIGHTS OF CHILD (2001-2010)

12

11.

CHILD RIGHTS IN INDIA

13

12.

CONSTITUTIONAL PROVISIONS

15

13.

OTHER LEGISLATIVE SUPPORT TO THE CHILD RIGHTS

16

14.

CONCLUSION

23

15.

BIBLIOGRAPHY

24

Table of Cases

S. No.

Case Name

1.

Uganda v Congo

2.

Alba v. Sillerico

3.

Lakshmi Kant Pandey v. Union of India

4.

Indian Council for Social Welfare v. State of A.P.

5.

M.C.Mehta v. State of T.N

6.

Bhandhua Mukti Morcha v. Union of India

7.

Gaurav Jain v Union of India

8.

United States v. Lopez

9.

Meyer v. Nebraska

10.

Pierce v. Society of Sisters

11.

Githa Hariharan & Anr v. Reserve Bank of India & Anr

12.

C Levy v. Louisiana

13.

C Tinker v. Des Moines Independent School District

14.

Ingraham v. Wright

15.

C Parham v. J.R

16.

C Santosky v. Kramer

17.

C Smith v. Organization of Foster Families

INTRODUCTION:

Children signify eternal optimism in the human being and provide potential for the development. Every nation whether developed or developing links its future with the status of the child. A child of today cannot develop to be a responsible and productive member of tomorrows society unless an environment, which is conducive to his social and physical health, is assured to him. Neglecting children means loss to the society as a whole. If the children are deprived of their childhood-socially, economically, physically and mentally the nation gets deprived of the potential human resources for social progress, economic empowerment, peace and order, social stability and good citizenry.

India has the largest number of children in the world. Indias heritage of a stable family life and traditional joint family system helped children grow into an atmosphere of warmth and affection into a secure future. However, with the changing socio-economic vertices weakening of the institution of joint family and resulting nuclearization of the families children were deprived of that enabling atmosphere and were propelled into an atmosphere where the parental care to the childhood started being shared with the institutions like school. In the rural set up too, there has been a trend towards the nuclearization undermining the emotional, psychological and the social support, which used to go into the childs upbringing. Besides, in the poorer families the children also started to share the burden of running the households. These children were deprived of Both parental and institutional care, even where institutional care was available to the children, it was a very poor substitute to the parental care.

Any person who has not attained maturity is considered as a Child. Human Rights begin with Child rights. Without child rights human rights has no value. Rights of children includes all rights starting from Right to Life, Right to food, clothing and shelter, Right to sanitation, Right to education, Right to dignity and lot more. Children are dependents, but it doesnt mean that their Rights are curtailed. Children are expected to be dominated and they are not given importance in various situations. This part of my project deals with few Rights of children and few International Conventions on Child Rights.

INTERNATIONAL BILL OF RIGHTS:

Report by the United Nations Development Programme (UNDP) was a landmark document that advanced significantly the concept of human security. Ever since the concept of human security was first proposed in the UNDP 1994 Human Development Report, the concept has continued to be seen as complex, contested and yet it has undeniably evolved to become a key term of discourse in international relations.[footnoteRef:1] [1: UNESCO, Human security: approaches and challenges (Paris: UNESCO, 2008)]

The absence of clean water and adequate sanitation for millions of children in the developing world endangers child security in five of these areas: economic, food, health, environmental, and community security

UNITED NATIONS CONVENTIONS ON THE RIGHTS OF CHILDREN (UNCRC)

The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. The UK signed the Convention on 19 April 1990, ratified it on 16 December 1991 and it came into force on 15 January 1992.

The UNCRC is presently the most widely ratified international human rights treaty. It is the only international human rights treaty to include civil, political, economic, social and cultural rights. It sets out in detail what every child needs to have a safe, happy and fulfilled childhood regardless oftheir sex, religion, social origin, and where and to whom they were born. All United Nations member states, except for the United States and Somalia, have ratified the Convention.

The Convention gives children and young people over 40 substantive rights, including the right to:

special protection measures and assistance

access to services such as education and healthcare

develop their personalities, abilities and talents to the fullest potential

grow up in an environment of happiness, love and understanding

Be informed about and participate in achieving their rights in an accessible and active manner.

UNITED NATIONS INTERNATIONAL CHILDRENS EMERGENCY FUND (UNICEF):

Overall Objective:

To reduce HIV transmission and to reduce the impact of the epidemic, on children, young people and families, through increasing the effectiveness of national and intercountry responses to the HIV/AIDS epidemic in East Asia and the Pacific and providing practical support at community level, encouraging the full participation of people affected by HIV/AIDS.

Specific Objectives:

To assist and facilitate achievement of objectives formulated for UNICEF Country Programs (national-level advocacy, capacity building, mainstreaming of HIV/AIDS into UNICEF programming, technical assistance for behavior development and change, reproductive health, care and support, and going to scale).

To facilitate and develop multi-country and multi-agency initiatives and responses to effectively reduce HIV transmission and the impact of HIV/AIDS on children, youth, women and families, and people with high-risk behavior.

To keep Country Offices and partners informed about emerging issues, assist with the development of effective responses to these issues, as well as facilitate exchange and sharing of information, experiences and resources.

To participate and help to coordinate new regional and country initiatives to reduce trafficking in women and children with HIV/AIDS/STD prevention and care activities.

Convention on the Rights of the Child

The most prominent UN manifestation to advance childrens rights is the CRC. The Convention was adopted by Resolution 44/252 of 20 November 1989 at the Forty-fourth Session of the UN General Assembly, and entered into force on 2 September 1990, in accordance with Article 49(1) of the CRC. To date, the Convention has 193 parties. Namibia ratified the CRC on 30 September 1990.The CRC, which consists of 54 Articles, incorporates the full range of human rights civil, cultural, economic, political and social and creates the international foundation for the protection and promotion of human rights and fundamental freedoms of all persons under the age of 18.26 The Convention represents widespread recognition that children should be fully prepared to live an individual life in society, and brought up in the spirit of peace, dignity, tolerance, freedom, equality and solidarity.

Although the Articles of the CRC are interrelated and should be considered together, the Committee on the Rights of the Child has accorded four provisions contained in the Convention, namely Articles 2, 3, 6 and 12, the status of general principles. The CRC is, therefore, founded on the following principles, which build the foundation for all childrens rights:

The right to equality: No child may be discriminated against on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The best interest of the child has to prevail: Whenever decisions are being taken which may have an impact on children, the best interest of the child has to be taken into account at all stages. This applies to the family as well as to state action.

The right to life and development: Every Member State has to ensure, to the maximum extent possible, the survival and development of the child by, inter alia, providing access to health care and education, and by protecting the child from economic and social exploitation.

Respect for childrens own views: Children should be respected and taken seriously, and they should be involved in decision-making processes according to their age and maturity.

The CRC follows a holistic approach to childrens rights, recognising that the rights anchored in the Convention are indivisible and interrelated, and that equal importance must be attached to each and every right contained therein.

The Declaration on the Right of Child, 1959

The following are few points mention in this convention:

1. The child shall enjoy all the rights set forth in this Declaration. All children without any exception whatsoever, shall be entitled to these rights without distinction or discrimination on account of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whether of himself or his family.

2. The child shall enjoy special protection and shall be given opportunities and facilities by law and other means, to enable him to develop physically, mentally, morally, spiritually and social in a healthy and normal manner and in the conditions of freedom and dignity, in the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration.

3. The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He can be given education which promote his general culture and enable him on the basis of equal opportunity to develop his abilities, his individual judgment and his sense of moral and social responsibility and to become useful member of society.

4. The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form. The child shall not be admitted to employment before the appropriate minimum age. He shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development.

The child shall be protected from practice which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, and friendship among peoples. Peace and universal consciousness that his energy and talents should be directed to the service of his fellow men.

CASES DECIDED BY INTERNATION JUDICIAL ORGANS

In 1996, the Court issued a wake up call in United States v. Lopez, overturning the Gun Free Schools Act because Congress had failed to articulate any nexus between the law and the federal governments enumerated powers.[footnoteRef:2] The Gun Free Schools Act made possession of guns within 1,000 feet of a school a federal criminal offense, punishable in federal courts under federal law. Schools, children, crime in schools--these are presumptively local matters and, absent a clear showing of authority under the commerce clause or some other federal power, said the Court, these matters must be left to the states. [2: 115 S.Ct. 1624 (1995).]

The first Supreme Court case to explicitly articulate a general theory of family rights was Meyer

v. Nebraska, decided in 1923.[footnoteRef:3] In Meyer the Court held that a state could not forbid the study of the German language in private schools. [3: 262 U.S. 390 (1923).]

Meyer, was followed two years later by Pierce v. Society of Sisters, which held that a state may not require all students to attend public schools.[footnoteRef:4]Part of the basis for these holdings was the notion that a parents right to control the upbringing of his child, and to educate the child in his own language, culture and traditions, was so fundamental to the scheme of ordered liberty that it could not be infringed by law. In the view of the Court, parenthood occupied a critical zone of freedom from governmental interference. Meyer and Pierce were part of a line of cases relying on a controversial doctrine which has been labeled substantive due process. [4: 268 U.S. 510 (1925).]

Keys Childrens Rights Decisions of the Warren & Burger Courts

C In re Gault[footnoteRef:5] (establishing a minor's right to counsel in criminal and juvenile justice proceedings). [5: 387 U.S. 1 (1967)]

C Levy v. Louisiana[footnoteRef:6] (striking down, under equal protection analysis, a state law discriminating against illegitimate children). [6: 391 U.S. 68 (1968)]

C Tinker v. Des Moines Independent School District[footnoteRef:7] (recognizing limited free speech rights of youth in schools). [7: 393 U.S. 503 (1969)]

C Wisconsin v. Yoder[footnoteRef:8] (requiring a religious exemption from mandatory schooling laws for Amish teenagers and discussing but not resolving the tension between children's interests and parents' assertions of religious freedom). [8: 406 U.S. 205 (1972)]

C Goss v. Lopez[footnoteRef:9] (acknowledging due process rights of students subjected to disciplinary suspensions to present their case to school authorities within a reasonable time after being suspended). [9: 419 U.S. 565 (1975)]

Planned Parenthood v. Danforth[footnoteRef:10] (recognizing rights of mature minors to reproductive choice and striking down law that gave parent the power to veto a minor childs abortion decision). [10: 428 U.S. 52 (1976)]

Ingraham v. Wright[footnoteRef:11] (rejecting claim that paddling in school raises an 8th Amendment cruel and unusual punishment or raise procedural due process issues). [11: 430 U.S. 651 (1977)]

C Moore v. City of East Cleveland[footnoteRef:12], (overturning a zoning law that prevented children from living with extended family members). [12: 431 U.S. 494 (1977)]

C Smith v. Organization of Foster Families[footnoteRef:13], (balancing children's interests in stability in foster care placements with the rights to reunification of their biological families). [13: 431 U.S. 816 (1977)]

C Parham v. J.R.[footnoteRef:14] (acknowledging children's due process rights in civil commitment to mental institutions but deferring to parents and doctors decisions for the child). [14: 442 U.S. 584 (1979)]

C Santosky v. Kramer[footnoteRef:15] (balancing children's rights to protection from physical abuse with the shared family interest in avoiding unnecessary terminations of family relationships). [15: 455 U.S. 745 (1982)]

Uganda v Congo[footnoteRef:16] [16: Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment, I.C.J. Reports 2005, p. 168]

This is the Case prosecuting Uganda's recruitment of child soldiers and other human rights abuses during its invasion and occupation of parts of the Democratic Republic of Congo. It was decided that States parties to the Convention must take all feasible measures to ensure that persons who have not attained the age of 15 years do not take part in direct hostilities

Alba v. Sillerico[footnoteRef:17] [17: Constitutional resolution 2368/2010R, File No. 2008-18736-37-RHC]

This is the Case concerning the placement of a child in an orphanage following allegations of abuse. The Court determined that childs request to be separated from his father should prevail over his father's right to custody.

SAARC Decade of the Rights of Child (2001-2010)

Third Ministerial Conference on the Children of South Asia held in August 1996, at Rawalpindi recommended the observance of the SAARC Decade of the Rights of the Child (2001-2010).

During the Eleventh SAARC Summit (Kathmandu, 4-6 January 2002, the Leaders directed the Council of Ministers to take concrete steps to give priority to investing in children as an effective means for poverty reduction in the long run. Reaffirming their commitment to the Colombo Plan of Action and the Rawalpindi Declaration and recalling the declaration of 2001 to 2010 as the SAARC Decade of the Rights of the Child, the Heads of State or Government noted with appreciation the South Asia High-level Meeting on Children held in Kathmandu in May 2001. The Expert Group Meeting to finalize the In-depth Assessment Report of the implementation of the SAARC Decade of the Rights Rights of Child (2001-2010) which was held at the SAARC Secretariat on 2 April 2010.

Child Rights in India

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). The Commissions Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.

WHO IS A CHILD?

According to international law, a child means every human being below the age of 18 years. This is a universally accepted definition of a child and comes from the United Nations Convention on the Rights of the Child (UNCRC), an international legal instrument accepted and ratified by most countries.India has always recognised the category of persons below the age of 18 years as distinct legal entity. That is precisely why people can vote or get a driving license or enter into legal contracts only when they attain the age of 18 years. Marriage of a girl below the age of 18 years and a boy below 21 years is restrained under the Child Marriage Restraint Act 1929. Moreover, after ratifying the UNCRC in 1992, India changed its law on juvenile justice to ensure that every person below the age of 18 years, who is in need of care and protection, is entitled to receive it from the State.

What makes a person a child is the persons age. Even if a person under the age of 18 years is married and has children of her/his own, she/he is recognised as a child according to international standards.

While all children need protection, because of their social, economic, or even geographical location, some children are more vulnerable than others and need special attention. These children are:# Homeless children (pavement dwellers, displaced/evicted, refugees etc.)# Migrant children.# Street and runaway children.# Orphaned or abandoned children.# Working children.# Child beggars.# Children of prostitutes.# Trafficked children.# Children in jails/prisons.# Children affected by conflict.# Children affected by natural disasters.# Children affected by HIV/AIDS.# Children suffering from terminal diseases.# Disabled children.# Children belonging to the Scheduled Castes & Scheduled Tribes.

WHAT ARE CHILD RIGHTS?

All people under the age of 18 are entitled to the standards and rights guaranteed by the laws that govern our country and the international legal instruments we have accepted by ratifying them. The Constitution of India guarantees all children certain rights, which have been specially included for them. These 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 from 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)).

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).

Research, documentation and interventions by government and the civil society groups in the past have clearly brought forth some of the following child protection issues and categories of children that deserve special protection:

# Gender Discrimination.# Caste discrimination.# Disability.# Female foeticide.# Infanticide.# Domestic violence.# Child sexual abuse.# Child marriage.# Child labour.# Child prostitution.# Child trafficking.# Child sacrifice.# Corporal Punishment in schools.# Examination Pressure and Student Suicides.# Natural disasters.# War and conflict.# HIV/AIDS.

In the efforts to improve the implementation of the Juvenile Justice System in the country UNICEF is also supporting the government with the development of training materials for the Judiciary and various other functionaries of the system like the child welfare committee members, police and care-takers in the various institutions under the Act.

CONSTITUTIONAL PROVISIONS

Though the concept of the rights of the child was not very lucid at the time of making of the Constitution, it was envisioned that children are the assets of the country. They need protection and provisions to develop in complete beings capable to steer the nation. The Indian Constitution contains certain provisions specifically aimed for protection, development and welfare of children. Art.24 prohibits the employment of children in any factory or mine or in any other hazardous occupation. Art. 39 (e) & (f) in DPSP lay down that the state shall direct its policy in such a manner that the tender age of the children is not abused and children are given opportunities and facilities to develop in a healthy manner and the childhood is protected against exploitation and against moral and material abandonment. Art. 21 A (vide 86th Amendment) provide the fundamental right to primary education to the children in the age group of 6-14 years. Art. 45 in the DPSP creates provision for the early childhood care and education of children.

In Githa Hariharan & Anr v. Reserve Bank of India & Anr[footnoteRef:18], Supreme Court of India stated, "India is asignatory to CEDAW...[t]he interpretation...placed on s6(a) gives effect to the principles contained in these instruments. The domestic courts are under an obligation to give due regard to international conventions and norms for construing domestic laws when there is no inconsistency between them. [18: (1999) 2 SCC 228]

OTHER LEGISLATIVE SUPPORT TO THE CHILD RIGHTS

There are a host of other legislations, which guarantee to a substantial extent the rights and entitlements as provided in the Constitution and in the UN CRC[footnoteRef:19] [19: (Source: India Country Report to the UN CRC, 1997)]

1. The Child Marriage Restraint Act, 1929

2. The Children (Pledging of Labour) Act, 1933

3. The Factories Act, 1948

4. The Apprentices Act, 1961

5. The Womens and Childrens Institutions (Licensing) Act, 1956

6. The Mines Amendment Act, 1983

7. The Child Labour (Prohibition and Regulation) Act, 1986

8. The Immoral Traffic (Prevention) Act, 1986

9. The Guardian and Wards Act, 1890

10. The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance Act, 1956

11. The Orphanages and Other Charitable Homes (Supervision And Control) Act, 196

12. The Probation of Offenders Act, 1958

13. The Reformatory Schools Act, 1897

14. The Young Persons Harmful Publications Act, 1956

15. The Infant Milks Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution Act, 1992

16. The Prenatal Diagnostic Technique (Regulation, Prevention and Misuse) Act, 1994

17. The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

18. The Juvenile Justice Act, 2000

It is note worthy that among these legislations 4 belong to the pre independence era, long before the international community started recognizing the rights of the child.

Obviously these legislations are meant for the benefit of children but are divorced with the rights approach. At best they can seem to be invested with protectionist welfare approach. Even in the legislations carried out after India became a signatory to the CRC (only 3), the welfare approach is all-pervasive. They aim at welfare of the children rather than according them any justiciable rights.

CASES DECIDED BY JUDICIAL ORGANS:

Lakshmi Kant Pandeyv.Union of India[footnoteRef:20]:This is an extremely important case relating to the adoption of Indian children by persons inside and outside India. In the absence of legislation, the Supreme Court framed elaborate guidelines in the matter. There was no law to regulate inter-country adoptions and such lack of legal regulation could cause incalculable harm to Indian children. Considering the possibility of child trade for prostitution as well as slave labor, legal regulation of such adoptions was essential. Therefore, Justice Bhagwati created a scheme for regulating both inter-country and intra-country adoptions. The Supreme Court held that any adoption in violation of or non-compliance with may lead adoption to be declared invalid and expose person concerned with to strict action including prosecution. For years, social activists have used these directions to protect children and promote desirable adoptions. The Government of India framed a national policy in this regard. AlsoIndian Council for Social Welfarev.State of A.P.[footnoteRef:21] [20: [(1984) 2 SCC 244; AIR 1984 SC 469]] [21: [(1999) 6 SCC 365]]

M.C.Mehtav.State of T.N.[footnoteRef:22]: The Supreme Court directed that the employers of children below 14 years must comply with the provisions of the Child Labour (Prohibition and Regulation) Act providing for compensation, employment of their parents / guardians and their education. AlsoBhandhua Mukti Morchav.Union of India.[footnoteRef:23] [22: [(1996) 6 SCC 756; AIR 1997 SC 699]] [23: [(1997) 10 SCC 549; AIR 1997 SC 2218]]

Gaurav JainvUnion of India[footnoteRef:24]:The Supreme Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of social life without any pre-stigma attached on them. The Court directed for the constitution of a committee to formulate a scheme for the rehabilitation of such children and child prostitutes and for its implementation and submission of periodical report of its Registry. [24: [(1997) 8 SCC 114; AIR 1997 SC 3021]]

What is Child Labour?

It is difficult to define child labour since the terms child and labour both resist universal definition because of cultural and social differences from one country to another. ILO (International Labour Office) has specified the concept through its - Minimum Age convention 1973 - Where it encourages member states to set a minimum age that is not less then the completion age for compulsory schooling, or in any case not less than 15 years. So in India a child labourer is one who is below 18 years of age, out of school and has no avocation other than work. Although child work is not synonymous to child to labour, most children, in whatever society they live, work in one way or another. For example, in rural areas of India most of the children are involved in agriculture, cultivation forestry etc. Work of this kind is not considered child labour.

U.N. Convention on the Rights of the Child

It is because of widespread plights of children, that in Dec. 1976, the United Nations adopted a resolution which proclaimed 1979 as International year of children, as a part of advocacy on behalf of children. After a decade of campaigning, the UN General assembly adopted the convention on the Rights of child on November 20th, 1989. The adoption of convention was not only a great step for promotion of child rights but also constitutes a legal binding instrument to fend childrens right. The nations of the world have agreed on the minimum standard set out in the convention, for the protection of children right to survival, health, education.

Generally speaking, the provision of convention applies for four main areas of children rights:

(1) The rights to survival (Art 6 & 24)

It includes the right of life, the highest attainable standards of health, nutrition of adequate standards of living. It also includes the right to a name and nationality.

(2) The right to protection (Art 18 & 32)

It includes freedom from all forms of exploitation, abuse, inhuman or degrading treatment and neglect including the right to special protection in situations of emergency and armed conflicts.

(3) The right to development (Art 6 & 28)

Includes the right to education, support for early childhood development and care, social security, and the right to leisure, recreation and cultural activities.

(4) The right to participation (Art 12)

Includes respect for the views of the child, freedom of expression, access to appropriate information and freedom of though, conscience and religion.

Convention has also provided certain guidelines for adopting as well as implementing the convention at National, regional and international level.

Government Initiatives and Their Failure

Long before International convention on the rights of the child, constitution of India provides safeguards for children through certain directives. For example Article 24 of constitution says that children below 14 years should not be employed in factory, mine or any other hazardous condition or occupation. Article 35(e) urges that the tender age of children ought not to be abused and argues against their being given such work which is not suited to their age. On the other hand Article 45(f) is mandate to the state to try and provide free and compulsory education.

POLICIES:

The National Policy for Childrenwas adopted on 22ndAug., 1974. This Policy lies down that the State shall provide adequate services towards children, both before and after birth and during the growing stages for their full physical, mental and social development. The measures suggested include amongst others, a comprehensive health programme, supplementary nutrition for mothers and children, free and compulsory education for all children up to the age of 14 years, promotion of physical education and recreational activities, special consideration for children of weaker sections like SCs and STs, prevention of exploitation of children, etc.

The Government of India adopted theNational Charter for Childrenwhich has been prepared after obtaining the views/comments and suggestions of the State Governments/UT Administrations, concerned Ministries and Departments and experts in the fieldIndia acceded to theUN Convention on the Rights of the Childon 11thDec., 1992 to reiterate its commitment to the cause of children. The objective of the Convention is to give every child the right to survival and development in a healthy and congenial environment.

SCHEMES:

Several Ministries and Departments of the Government of India are implementing various schemes and programmes for the benefit of children. Some of the Schemes and Programmes being implemented by the Ministry of Women and Child Development are as under:

Integrated Child Development Services (ICDS) Scheme: The Ministry of Women and Child Development has launched. The Scheme provides crche services to the children of age group of 0 to 6 year, which includes supplementary nutrition, emergency medicines and contingency. The Scheme has been named as Rajiv Gandhi National Crche Scheme for the Children of Working Mothers. .

Programme for Street Childrenis being implemented by the Ministry of An Integrated Women and Child Development specifically for those children who are on streets and homeless and include the rag picking and vagabond children. The Scheme aims at providing full and wholesome development of children without homes and family ties. The children without homes and family ties and children especially vulnerable to abuse and exploitation such as children of sex workers and children of pavement dwellers are the target group for this Programme. Financial assistance is provided to the NGOs who are eligible and working for the welfare of the street children, for Formal & Non-formal Education, Shelter Home, Vocational Training to Children, Nutrition, health care, sanitation and hygiene, safe drinking water, education and recreational facilities and protection against abuse and exploitation.

Integrated Programme For Juvenile Justice:

Some special features of the scheme areas:

Establishment of a National Advisory Board on Juvenile Justice

Creation of a Juvenile Justice Fund.

Training, orientation and sensitization of Judicial, administrative police and NGOs responsible for implementation of JJ Act.

Institutional care shall be used but only as a last measure by enlarging the range of suitable alternatives.

Financial assistance to bring about a qualitative improvement in the existing infrastructure.

NGOs:

Child line India Foundation (CIF): It has been set up as a nodal organization, supported by Government of India, to monitor and ensure the qualitative development of the Child line service across the country. Child line is a toll free telephone service (1098) which anyone can call for assistance in the interest of children. It has prescribed minimum quality standards for the services to be provided by its partner organizations that are implementing Child line programmers in various cities of the country.CIF is also involved in awareness and advocacy in order to strengthen the efforts relating to child welfare.

Sambhav Social Service Organization is a voluntary agency working in the areas of rural and urban development, child education and women empowerment through advocacy, direct program interventions and capacity building of the community to access the benefits of State Programs.

Sambhav has a deeply rooted goal to bring about a change in the lives of deprived communities through peoples organization and capacity building. It has been actively involved in the organizing Sahariya Tribal communities to assert their rights of equality, Health, food and secured livelihood and a respectful place in the society.

NGO initiatives

So far role of government & international efforts in promoting rights of child was discussed. The NGO community has emerged to be a potent force in catalyzing various actions through the mobilization of social forces and pressing govt. to take needed action. There are many examples of NGOs successfully working both for the integrated development of children and the elimination of child labour. Some are engaged in implementing NFE programmes with the help of grant-in-aid from ministry of labour, and yet others with the assistance from IPEC (International Program for Elimination of Child Labour). Worth of special mention are CREDA (Centre for rural education and development action), Bandhwa Mukti Morcha, M.V. foundation etc. These NGOs have very successfully worked in the area of child labour, played a very significant role in fighting against bonded labour and other explorations of children and motivating families for giving education to their children instead of sending them for work.

CONCLUSION:

Children are the gift of god. Todays children are tomorrows youth, youths are the future of the nation. The importance of childrens right must be felt in each and every individuals mind. There are so many legislations passed to protect the child rights. Not just in human rights concept or under law we have the moral obligation to protect the rights of children.

BIBLIOGRAPHY

http://faizlawjournal.blogspot.in/2007/01/constitutional-rights-of-children.html

http://www.un.org/cyberschoolbus/humanrights/resources/child.asp

http://www.pairvi.org/pdf/Research/State%20of%20Child%20Rights%20in%20India.pdf

http://www.crin.org/Law/instrument.asp?InstID=1422

http://www.unicef.org/wsc/declare.htm

http://www.hrcr.org/safrica/childrens_rights/India.html#cases

http://america.cry.org/site/know_us/cry_america_and_child_rights/importance_of_child_rights.html

http://www.crin.org/Law/instrument.asp?InstID=1626

http://smilefoundationindia.org/child_rights.html

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