 Right to Survival – to life, health, nutrition, name, nationality

 Right to Development – to education, care, leisure, recreation, cultural

activities
 Right to Protection – from exploitation, abuse, neglect
 Right to Participation – to expression, information, thought, religion

Right to early childhood care and education to all children until they complete the
age of six years (Article 45)

Right to free and compulsory elementary education for all children in the 6-14 year
age group (Article 21 A)

 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)
1. THE RIGHT TO AN IDENTITY (ARTICLES 7 AND 8)
Children are entitled to a name, legally registered with the
government, and a nationality (to belong to a country). Further, they
must have the right to an identity, in the form of a public record. This
ensures national support, as well as access to social services.
2. THE RIGHT TO HEALTH (ARTICLES 23 AND 24)
Medical care, nutrition, protection from harmful habits (including
drugs) and safe working environments are covered under the right to
health, and articles 23 and 24 enumerate access to special care and
support for children with special needs, as well as quality health care
(including drinking water, nutrition, and a safe environment)
respectively.

3. THE RIGHT TO EDUCATION, (ARTICLE 28)

Right to free primary education is critical for helping children develop
discipline, life skills while finding a safe and healthy environment to
nurture a child's physiological development. This includes freedom
from violence, abuse or neglect.

4. THE RIGHT TO A FAMILY LIFE (ARTICLES 8, 9, 10, 16,

20, 22 AND 40)
If not family members, then children have the right to be looked after
by caretakers. Children must live with their parents until it is harmful
to them. However, 'family reunification', i.e. permission for family
members living in different countries to travel to renew contact
between family members is critical. Under the ward of a caretaker or
family, they must be provided privacy against attacks on their way of
life and personal history.

Children who do not have access to a family life, have a right to

special care and must be looked after properly, by people who respect
their ethnic group, religion, culture and language. Refugee children
have a right to special protection and help. In the case of
misdemeanours, children have the right to seek legal counsel under a
juvenile justice mechanism, with the fair and speedy resolution of
proceedings.

5. THE RIGHT TO BE PROTECTED FROM VIOLENCE

(ARTICLE 19 AND 34)
Protection from violence extends even to family members, and
children must not suffer ill-treatment or sexual or physical violence.
This includes use of violence as a means of discipline. All forms of
sexual exploitation and abuse are unacceptable, and this Article takes
into view the sale of children, child prostitution and child
pornography.

6. THE RIGHT TO AN OPINION (ARTICLE 12 AND 13)

All children deserve the right to voice their opinions, free of criticism
or contempt. In situations where adults are actively deciding upon
choices on behalf of children, the latter are entitled to have their
opinions taken into consideration. While children's opinion may not
be based on facts, it is nonetheless an important source of insight for
parents, and should be considered. However, this depends on the
child's level of maturity and age. Children have the freedom of
expression, as long as they are not harming others with their opinions
and knowledge.

7. THE RIGHT TO BE PROTECTED FROM ARMED

CONFLICT (ARTICLES 38 AND 39)
Armed conflict converts innocent children into refugees, prisoner, or
participants in armed conflicts, and these are all circumstances which
contravene with the spirit of War or any armed struggle can severely
damage a child's morale as well as perceptions of ethics, and this must
be corrected in a nurturing safe environment. While seeking to
rehabilitate children affected by war, the government must also ensure
that children are not forced to participate in any armed struggle.

8. THE RIGHT TO BE PROTECTED FROM EXPLOITATION

(ARTICLES 19, 32, 34, 36 AND 39)
As exploitation is usually achieved through violent means, protection
from violence is critical for freeing children from exploitation. This
extends to abuse, negligence and violence by parents, even if it is
justified as an instrument of achieving discipline at home. Further,
children cannot be made to work in difficult or dangerous conditions.
Children can only volunteer to work doing safe chores that do not
compromise their health, or access to education or play. Sexual
exploitation, another dimension of exploitation, is also prohibited, as
an activity that takes advantage of them. Survivors of neglect, abuse
and exploitation must receive special help to enable recovery and
reintegration into society. Children also cannot be punished cruelly,
even if it is under the ambit of the justice system. Death or life
sentences, as well as sentences with adult prisoners, are not permitted.

Conclusion
All children deserve equality, despite their difference. They are
 entitled to all of these rights, no matter what race, colour, religion,
language, ethnicity, gender or abilities define them.

In the XYZ court between

Father’s full name name (You) Petitioner

vs

Wife’s name Respondent

1. We got married on XYZ date in ABC place etc. Mention details like marriage
certificate if marriage is registered, else some proof like wedding card, wedding
photos etc. Copies of these will be attached with petition.

2. A child was born out of wedlock on so and so date. Child’s birth certificate is in
exhibit N.

3. Currently the child resides with respondent at so and so place.

4. I submit that I work as xyz at so and so place/company/own business etc.

5. Child is being deprived of father’s love, presence, and company due to

respondent living separately and having taken the child with her.

6. I can take good care of child… now here give several points as per your sole
custody or shared custody goal, like how you can take care of child, and child is
attached to you, and how you can contribute to child’s growth and development. I
would suggest desist from bragging about your financial earning or status, since
that only reduces one from father to an ATM. This is a major trap which many
men fall for, thinking that their earning and income will be a major factor for court
to decide child custody in their favour. What will instead happen is that the court
will say that mother is required for the small child (most of cases we see are in
early stages of marriage), father is earning well, let him pay maintenance to wife
for both wife and child, and award you twice visitation a month to show love and
affection to child. So from hoping-for-full-custody-dad-thereby-teaching-wife-
lesson-too, one becomes a visiting dad in child’s life in short order. And the much
bragged about high earnings of father can only be useful now to buy expensive
gifts for the kid, which have more of excitement than growth value for kid.

7. Depending on child’s age and requirements, you can suggest to take

responsibility of child’s school fees, educational expenses, which is a very good
strategy otherwise too, since that gives you some or full control over which school
the child goes to. The reason for this is that sometimes mothers can change child’s
school just to keep kid further away from father, or for various crazy reasons.

8. Offer to open a bank account in minor child’s name where you can be guardian,
and you can suggest respondent can be made guardian too, and that account will be
used only for purpose for spending on child. This will end the possibility of
maintenance given to wife in name of child being used for other purposes. Later,
you can ask for bank statement of this account and if there are lot of unexplained
withdrawals from the account, which the respondent mother can’t explain how
were being spent on child’s welfare, then you can use that point to gain better child
custody or full custody in case of gross misuse of the funds too. The deposits into
that account can be made in proportion of incomes of husband and wife.
Finally, child custody decisions are never permanent. So you can file for changes
if the circumstances change.