Coochbehar panchanan barma university

TOPIC – CHILDS LABOUR IN INDIA AND HUMAN

RIGHTS OF YOUNG PEOPLE

SUBJECT –HUMAN RIGHTS

SUPERVISED BY:

Dr. SATARUPA GHOSH

(ASST. PROF. OF LAW)

SUBMITTED BY

NAME: ALI AHKTAR MOSLEUSSIN AHMED

COURSE: LL.M

(HUMAN RIGHTS AND DUTIES EDUCATION)

 ACKNOWLEDGEMENT

With profound gratitude and sense of indebtedness I place on record my sincerest thanks to
Assistant Professor in Law, for his/her invaluable guidance, sound advice and affectionate
attitude during the course of my studies.

I have no hesitation in saying that she molded raw clay into whatever I am through his/her
incessant efforts and keen interest shown throughout my academic pursuit. It is due to his/her
patient guidance that I have been able to complete the task.

I would also thank the Library for the wealth of information therein. I also express my
regards to the Library staff for cooperating and making available the books for this project
research paper.

Date ALI AHKTAR MOSLEUSSIN

AHMED

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 TABLE OF CONTENT

CHAPTER=1

1.1 INTRODUCTION ……………………………………………………….………………5

1.2 RESEARCH METHODOLOGY………………………………………………………..7

 AIMS AND OBJECTIVE………………………………………………………...….7

 STATEMENT OF PROBLEM…………………………………………………...…7
 RESEARCH METHOD……………………………………………….……….……7
 SOURCES OF DATA……………………………………………………….……….8
 SCOPE AND LIMITATION…………………………………….……………….….8
 HYPOTHESIS………………………………………………………………………..8
 SIGNIFICANTS……………………………………………………………….……..8
 OBSEARVATION……………………………………………………...……………8
 RESEARCH QUESTION…………………………………………………….….….9
 MODE OF WRITING…………………………………………………….……..….9
 MODE OF CITATION…………………………………………………….………..9


CHAPTER=2

2.1 WHO IS A CHILD?........................................................................................................10

2.2 WHAT ARE THE HUMAN RIGHTS OF YOUNG PERSON?…………………….10

2.2 HISTORICAL APPROACH………………………………………………...….……..10

CHAPTER=3: LEGAL FRAMEWORK

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3.1 INDIAN LAW……………………………………………………………..……..…….13

3.2 INTERNATIONAL LAWS………………………………………………………….…15

3.3 INTERNATIONAL CONVENTIONS ON RIGHTS OF YOUNG PEOPLE………21

CHAPTER=4: RIGHTS OF CHILDS OR YOUNG PEOPLE

4.1 NEED OF PROTECTION…………………………………………………………...22

4.2 RIGHTS………………………………...………………………………………….….23

4.3 WHAT ARE THE CHALLENGES AND DISCRIMINATION DO YOUNG

PEOPLE FACE……………………………………………………………………………26

CHAPTER=5: ROLE OF JUDICIARY

5.1 JUDICIAL ROLES …………………………………………………………….…..…..28

CONCLUSION………………………………………………………………………..…….30

BIBLIOGRAPHY

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 CHAPTER=1:

1.1 INTRODUCTION:

Child labour is undoubtedly a human rights issue. It is not only exploitative but also
endangers children’s physical, cognitive, emotional, social, and moral development. It
perpetuates poverty because a child labour, deprived of education or healthy physical
development, is likely to become an adult with low earning prospects.  This is a vicious cycle
which apart from ruining the lives of many results in an overall backwardness in the masses.
Moreover, conceptualizing child labour as a human rights issue gives the victim with the
authority to hold violators liable. Human rights generate legal grounds for political activity
and expression, because they entail greater moral force than ordinary legal obligations.
Children are right holders with the potential to make valuable contributions to their own
present and future wellbeing as well as to the social and economic development of the society
and thus they should under no circumstances be perceived as passive and vulnerable.

Today, traditionally prescribed interventions against child labour which were welfare based
like providing a minimum age for work are being replaced by rights-based approach. A
rights-based approach to child labour needs to be adopted which puts internationally
recognized rights of children to the center while utilizing UDHR, ICCPR and ICESCR as a
supportive framework. Child labour is a condition from which the children have a right to be
free and it is not merely an option for which regulating standards must be devised.1

In this paper we shall firstly trace the slow orientation of child labour laws to include human
rights perspective internationally, and then evaluate current Indian laws and policies from a
human rights perspective Children are the future custodians of sovereignty, rule of law, -
justice, liberty, equality, fraternity and finally international peace and security. They are the
potential embodiment of our ideals, aspirations, ambitions, future hopes. They are the future
should in the form of great philosophers, rulers, scientists, politicians, able legislators,
administrators, teachers, judges, technologists, industrialists, engineers, workers, planners on
which the country would rest. Human Rights Instruments specific to the rights of the child:

1
GURCHATHEN S. SANGHERA,Child Labour in India,Oxford publication,2017
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The Declaration of the Rights of the child 1924, adopted by the fifth assembly of the League
of Nations, can be seen as the first international instrument dealing with children rights.
Children are a human resource, invaluable but vulnerable. Various laws in India, focusing on
a position where children were treated as non-entity and where conscientious efforts have
been made to not only make them free from exploitation and abuses but also enable them to
develop their full potentiality with fair access to food, health, education and respect. The UN
General Assembly adopted the Convention on the Rights of the Child which is the first
international treaty that defines the basic rights of the children. A Safe Childhood is a human
right. They are recruited into armed forces. They are subjected to the death penalty, are
disappeared, are punished by cruel and inhuman methods and suffer many other forms of
violence. The aim of this study is to critically evaluate how effectively the child rights
violation can be prevented and to provide the needed directions to the parents and
Government about their responsibilities to guarantee the rights of the child and also to reduce
the vulnerability of children in harmful situations.

children are the future custodians of sovereignty, rule of law, - justice, liberty, equality,
fraternity and finally international peace and security. They are the potential embodiment of
our ideals, aspirations, ambitions, future hopes. They are the ‘future should in the form of
great philosophers, rulers, scientists, politicians, able legislators, administrators, teachers,
judges, technologists, industrialists, engineers, workers, planners on which the country would
rest.

Nature has provided some inherent rights to every human being including children. These
fundamental rights bestowed in human being from the very inception. Human being is
endowed with rights since the stage of fetus. Fetus in the mother womb is the starting point
since then human being is guaranteed certain basic rights. These rights are intrinsic in
everyone. State cannot give or nullify these rights, which are inherent. State has to recognize
and guarantee these rights.

Human Rights Instruments specific to the rights of the child: The Declaration of the Rights of
the child 1924, adopted by the fifth assembly of the League of Nations, can be seen as the
first international instrument dealing with children rights. Millions of children around the
world are exploited, abused, and discriminated against. These children include child
laborer’s, children affected by armed conflicts, sexually exploited children, children in
conflict with the law or in the care of the state, as well as children living on the streets,

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coping with disabilities, or suffering from discrimination because of their religious or ethnic-
minority status. Children were recipients of welfare measures.

1.2 RESEARCH METHODOLOGY:

AIMS AND OBJECTIVE-

 To study the various Protection available for the Childs and their Rights.
 Examine the approachs for the Humans Rights of young people .
 To Protect children from slavery, abuse, neglect and exploitation through awareness,
empowerment and support.
 To Empower the urban poor family to fulfill their parental care role towards their
children.

STATEMENT OF PROBLEM:

The term ‘child labour’ should not be used in analytical academic discourse. While I believe
this to be widely acknowledged, it is difficult to avoid the term entirely. An organization that
has long worked for and with children, the International Save the Children Alliance, in its
policy document on the exploitation of children has offered similar advice (2003, 3), but with
little effect – even the organization’s officers frequently fail to follow this advice. This
recommendation poses a problem in communication with wider society, where any attempt to
challenge the term can easily attract social stigma of tolerating the economic exploitation of
children. The words ‘labour’ and ‘work’ do not mean different things in the English
language. Moreover, every culture in the world accepts that there is nothing wrong with
children doing some work or labour. So when we meet the term ‘child labour’ with its
negative connotations, we should demand to know exactly what it means. In particular, when
people talk of the elimination of child labour, or of abolishing child labour, we should
demand to know exactly what is to be eliminated or abolished.

RESEARCH METHOD: Present project work is based on doctrinal research. The study has
been carried out with a blend of Qualitative approach of research with corporate
constructivist paradigm in order to bring out the practically constructed nature of reality
added up with advocacy and participatory approach for giving this study a personal touch of
emancipation and different dimensions pertaining to the core issue. This project has required

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consultation to an assorted range of books and websites that are a part of the secondary
sources. Some research papers and journals too have been referred to.

SOURCES OF DATA: -For doing the research work various sources has been used.
Researcher in the research work has relied upon the sources like many books of International
Law, Articles, and Journals. The online materials have been remained as a trustworthy and
helpful source for the research.

SCOPES AND LIMITATIONS: -Though the researcher has tried his level best to not to left
any stone unturned in doing his research work to highlight the various aspects relating to the
topic, but the topic being so vast and dynamic field of human Rights and law and whose
horizon and ambit cannot be confined and narrowed down, some of the women have lack of
knowledge and awareness about the Government schemes, the research work has sought with
some of the unavoidable limitations.

HYPOTHESIS: -Researcher by reading and doing preliminary research researcher is of the

opinion that Supreme Court of India is protecting Human Rights through the power conferred
through various articles in the constitution on child labour and protect their Human Rights.

SIGNIFICANTS: The significant of this study is highly objective and thus partially relies on
the judicial interpretation and approach of children Rights and legal reasoning towards this
issue. This study is an attempt to bring out the possible scenarios on the basis of which the
vitality can be claimed.

OBSERVATION: Thus, it is observed that not only the judiciary but also the NGO’s and
other organization plays a very vital and important role in case of children’s Rights. Judiciary
empowers the child’s and young People by its both traditional and by its activist role. The
traditional role of judiciary is to provide justice through interpretation of laws. Some times
through the wide interpretation of provision of various legislation and also the provision of
constitution judiciary is able to Protect the children’s Rights. Because of the rigidity of law or
because of the long and time taking procedure of enactments of laws by legislature, it is
unable to keep pace with the fast-changing society. There is always a gap between the
advancement of the society and the legal system prevailing in it. This is sometimes causing
hardship and injustice to the people.

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RESEARCH QUESTIONS

1. What are the laws enacted for the Human Rights of a child?
2. What do you about the role of judiciary of Human Rights of a child and Young People?
3. What is the relevance between Indian Constitution and the children’s Rights?
4. What do you know about the Recognition of the Children’s rights?
5. What are the needs for the children Protection?

MODE OF WRITING: A descriptive and analytical method of writing has been followed.

MODE OF CITATION: A uniform mode of Citation has been followed.

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 CHAPTER=2: DEFINITION

2.1 WHO IS A CHILD?

he Convention on the rights of the child 1989 defines the term child to mean every human
being below the age of eighteen years unless under the law applicable to the child, majority to
be attained earlier.2

In India, the Census of India and the Constitution of India defines persons below the age of
fourteen as children. The Children Act defines child as a person who has not attained the age
of 16 years if it is a boy or 18 years if it is a girl.

2.2 WHAT ARE HUMAN RIGHTS OF YOUNG PERSON?

Youth is a period of transition from dependence to independence and autonomy. The

transition occurs at different times in relation to different rights, for example with regards to
education, employment, and sexual and reproductive health, and among others depends on
the socioeconomic context.

Young people face discrimination and obstacles to the enjoyment of their rights by virtue of
their age, limiting their potential. The human rights of youth therefore refer to the full
enjoyment of fundamental rights and freedoms by young people. Promoting these rights
entails addressing the specific challenges and barriers faced.

2.3 HISTORICAL APPROACH:

Initially, scholars were unsure over extending human rights to children.  For instance, the
1948 Universal declaration of Human Rights (UDHR) emphasizes that “everyone is entitled
to all rights and freedoms set forth in the declaration” but makes no age qualification to the
same. So, it is unclear whether it extends to children. However, Art.4 of UDHR has been
interpreted as prohibiting exploitation of child labour by interpreting “servitude” to include
child labour.

2
Huma Rigts of a Child,Available at : http://www.crin.org/resources/news/
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In addition, Articles 23 and 26 of the United Nations Universal Declaration of Human Rights
seek to guarantee “just and favorable conditions of work” and the “right to education,” both
of which are violated constantly and globally through the exercise of the worst forms of child
labor.

In 1966 the International Covenant on economic, social and cultural rights and International
Covenant on civil and political rights took significant preliminary steps towards modifying
human rights according to age, by defining childhood as a state requiring special protection,
with rights distinct to those of adults. Even so it was not until 1989 that the Convention on
Rights of Children clearly spelt out the rights of the child while giving them a special status
apart from the adults.

Thus, it should not be surprising that early international legal efforts to address child labour
tended to be abolitionist in tone and treated as an aspect of labour market regulation. Next, a
prioritization approach was adopted where concentration was on the more abusive forms of
child labour. So, the ILO adopted Convention 182 on the Worst Forms of Child Labor, 1999,
aimed at the immediate elimination of intolerable forms of child labor. The convention
requires signatories to work with business groups to identify hazardous forms of child labor
and introduce time-bound programs for eliminating them.

Conventions 138 and 182 are recognised as core International Labour Organization (ILO)
conventions but unfortunately human rights groups have done much to criticize it. They argue
that this artificial division of hazardous and non-hazardous forms of child labour is artificial
and made only for the benefit of labour regulations. Child labour in any form is very harmful
and exploitative for the children. 

Secondly, child labour, as defined by ILO is work done by children under the age of 12; work
by children under the age of 15 that prevents school attendance; and work by children under
the age of 18 that is hazardous to their physical or mental health. It is an economic activity or
work that interferes with the completion of a child’s education or that is harmful to children
in any way. Such an age-based classification is incongruous and is behind time. The right to a
childhood cannot be replaced by placing such age barriers which imply at least some work
could be done by children at even age 12! Where is the best interest of child seen in such
laws?

Fortunately, a human rights approach to child labour was soon adopted by Convention on
Rights of the Child (CRC) in 1989. Such rules focus not only on the avoidance of harm to

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children but as well, on regulation of employment relationship in which working children
find themselves and beyond that, on rights of children to education and to participate in
decisions that affect their lives, including those related to their employment. This holistic
view of child labour as only a part of a child’s life is principally what sets human rights
approach apart from the labour regulation approach. However, some critique of CRC feels
that categorizing child labour as a special category has trivialized their rights and have made
them weak and in need of an adult advocate. Conversely, the defenders of CRC argue that it
is through this classification that children gain more rights with legally recognized interests
which are specific to their stage in life cycle.

The slavery convention, 1926 and Supplementary convention on abolition of slavery, the
slave trade, institutions and practices similar to slave trade, 1956 entered into force in 1957
prohibits slavery like practice under Art 1. In recent times Child labour has been read as a
slave like practice as it involves economic exploitation. Since children are more vulnerable
than adults and are dependent on their parents, it can be assumed that when they are
economically exploited by their parents or by their consent, the decree of dependency
necessary for work to be qualified as slavery like practice will be attained in most cases.

In the light of ICCPR (art 8(2)) and Supplementary convention on abolition of slavery, the
slave trade, institutions and practices similar to slave trade, 1956, Art.4 of UDHR should be
interpreted as prohibiting exploitation of child labour as child labour comes under
“servitude”. Child labour also comes under the term “forced or compulsory labour” in
Art.8(3) of ICCPR. The obligations of state parties under art 8 are immediate and absolute.
Thus, state parties have to prevent private parties from violating child labour norms. Art 24,
ICCPR obliges the state to protect children from economic exploitation.

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 CHAPTER=3: LEGAL FRAMEWORK

3.1 INDIAN LAWS:

The present regime of laws in India relating to child labour are consistent with the
International labour conference resolution of 1979 which calls for combination of prohibitory
measures and measures for humanizing child labour wherever it cannot be immediately
outrun.  

In 1986 Child labour (Prohibition and regulation) Act was passed, which defines a child as a
person who has not completed 14 years of age. The act also states that no child shall be
employed or permitted to work in any of the occupations set forth in Part A or in the process
set forth in Part B, except in the process of family-based work or recognized school-based
activities. Through a notification dated 27 January 1999, the schedule has been substantially
enlarged to add 6 more occupations and 33 processes to schedule, bringing the total to 13
occupations and 51 processes respectively. The government has amended the civil service
(conduct) rules to prohibit employment of a child below 14 years by a government employee.
Similar changes in state service rules have also been made.

The framers of the Indian Constitution consciously incorporated relevant provisions in the
constitution to secure compulsory primary education as well as labour protection for children.
If the provisions of child labour in international conventions such as ILO standards and CRC
are compared with Indian standards, it can be said that Indian constitution articulates high
standards in some respects The constitution of India, under articles 23,24, 39 ( c) and (f), 45
and 21A guarantees a child free education, and prohibits trafficking and employment of
children in factories etc. The articles also protect children against exploitation and abuse.
Equality provisions in the constitution authorizes affirmative action policies on behalf of the
child.

The National child labour policy (1987) set up national child labour projects in areas with
high concentration of child labour in hazardous industries or occupations, to ensure that
children are rescued from work and sent to bridge schools which facilitate mainstreaming. It
is now recognised that every child out of school is a potential child labour and most programs
working against child labour tries to ensure that every child gets an education and that

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children do not work in situations where they are exploited and deprived of a future.
Similarly, there are other programmes like National authority for elimination of child labour,
1994 and National resource Centre on child labour, 1993. Recently, government of India
notified domestic child labour, and child labour in dhabas, hotels, eateries, spas and places of
entertainment as hazardous under the child labour (prohibition and regulation) Act, 1986,
effective from 10-10-2006.

National human rights commission has played an important role in taking up cases of worst
forms of child labour like bonded labour. In 1991 in a silk weaving village of Karnataka
called Magdi it held an open hearing which greatly sensitized the industry and civil societies.
It also gave rise to new NCLP programmes. 3

Indian Constitution and Children Rights

The Constitution of India is the basic law of the country that includes the fundamental rights
and directive principles for every citizen. The fundamental rights in the Constitution of India
impose on the state a primary responsibility of ensuring that all the needs of children are met
and that their basic human rights are fully protected.

Fundamental rights if violated can be brought before the courts. Directive Principles lay
down the guidelines the Government have to follow. If they are violated, they cannot be
taken before the courts but because of judicial interpretation, many of the directive principles
have now become enforceable through legal actions brought before courts

A. The Fundamental Rights in the Constitution that directly relate to children are

1. Article 15(3) requires the state to make special provisions for children.

2. Article 21-A provides free and compulsory education to all children of the age 6 to 14
years. In such a manner as the state may by law determine. This Article 21A of the
Constitution of India envisages that children of age group 6 to 14 years have a fundamental
right to education.

3. Article 23 prohibits trafficking of human beings including children.

3
Child Labour In India And Human Rights Young People,India,Available At:
https://www.ukessays.com/essays/young-people/child-labour-in-india-and-human-rights-young-people-
essay.php#ftn18
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4. Article 24 mandates that no child below 14 years can work in any hazardous
occupation or industry.

B. The Directive Principles of State Policy that directly relate to children are

1. Article 39(a) & (f) direct that the state policies are directed towards securing the tender age
of children.

2. Article 45 states that the state shall endeavors to provide early childhood care and
education for all children until they complete the age of six years.

3. Article 51-A says that it shall be the fundamental duty of the parent and guardian to
provide opportunities for education to his child or as the case may be, ward between the age
of six and fourteen.

86th constitutional Amendment Right to Education, is a fundamental right. It was after a long
struggle that the 86th constitutional amendment to make the right to education as a
fundamental right in 2001 was made. The State laws have not yet been drafted. The
Government of India has prepared a draft bill on the Right to Education Bill, 2005, seeks to
give effect to the 86th constitutional Amendment. The Preamble of the draft bill states that it
is put into effect the Right to Free and Compulsory Education to all children in the age group
of 6.

3.2 INTERNATIONAL LAWS: United Nations Convention on the Rights of the Child is
the first legally binding international instrument to incorporate a full range of human rights
such as civil, cultural, economic, political and social rights for children. The Convention
offers a vision of the child as an individual and as a member of a family and community, with
rights and responsibilities appropriate to his or her age and stage of development. By
recognizing children’s rights in this way, the Convention firmly sets the focus on the whole
child.4

1.UN Convention on the Rights of the Child: India ratified the UN Convention on the
Rights of the Child on 1992 and lists the following as the Rights of the Child,

4
Protection of Childrens Human Rights in India,India , Available at
: http://www.legalserviceindia.com/legal/article-11-protection-of-childrens-human-rights-in-india.html
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 a. The Right to Survival: According to the convention, the Right to Survival includes the
right to life, the attainable standard of health, nutrition and an adequate standard of
living. It also includes the right to a name and nationality.

b. The Right to Protection: According to the Convention, this right includes freedom
from all forms of exploitation, abuse and inhuman or degrading treatment. This
includes the right to special protection in situations of emergency and armed conflict.
The aim is simple, to protect vulnerable children from those who would take
advantage of them and to safeguard their minds and bodies.

c. The Right to Development: This right includes the right o be educated, to receive
support for development and care during early childhood and to social security. It also
includes the right to leisure, to recreation and to cultural activities.

d. Right to freedom of thought and expression: According to the Convention, the Right
to Participation accords the child access to appropriate information and the freedom of
thought and expression, conscience and religion.

2. Aim to having children’s rights: Children’s rights aim to ensure that each child has the
opportunity to reach their full potential. Children’s rights stipulate that all children without
discrimination should be able to develop fully, have access to education and health care, grow
up in an appropriate environment, be informed about their rights, and participate actively in
society.

3. Right are a tool to protect children from violence and abuse: Children’s rights foster
mutual respect among people. Respect for the rights of the child can only be fully achieve
when everyone, including children themselves, recognizes that every person has the same
rights, and then adopt attitudes and behavior of respect, inclusion and acceptance.

4. Recognition of the Children’s rights: The Declaration of the Rights of the child 1924,
adopted by the fifth assembly of the League of Nations, can be seen as the first international
instrument dealing with children’s rights. Children’s rights are constituted by fundamental
guarantees and essential human rights:

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i. Children’s rights recognize fundamental rights: the right to life, the non-discrimination
principle, the right to dignity through the protection of physical and mental integrity
(protection against slavery, torture and bad treatments, etc.)

ii. Children’s rights are civil and political rights, such as the right to identity, the right to a
nationality, etc.

iii. children’s rights are economic, social and cultural rights, such as the right to education,
the right to a decent standard of living, the right to health, etc.

6. Responsibilities of Parents and Government

On November 20, 1989, the United Nations General Assembly adopted the Convention on
the Rights of the Child, a landmark for human rights. It is the first international treaty that
recognizes the civil, political, economic, social and cultural rights of children. In December
1991, Canada ratified the Convention on the Rights of the Child and thus committed itself
under international law to respect, protect, promote and fulfil the rights of children in Canada.
India ratified the Convention on 1992. The Convention on the Rights of the Child is the most
widely accepted human rights treaty – of all the United Nations member states, only the
United States and Somalia have not ratified it. The Convention on the Rights of the Child has
54 articles (sections), and most of these articles list a different right that children have, and
different responsibilities that the Government, and others including parents, have to make
sure that children have these rights. This includes:

i. Right to Equality: (Article 2) The Government must make sure that all children have the
rights in the Convention, regardless of their or their parents’ race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin, property, disability, birth
or other status.

ii. Children’s interests: (Article 3) The Government must make sure that child’s best interests
are taken into account when any decision is made which affects you. All organisations
working with children should work in a way that is best for children.

iii. Parents rights and right to family life: The Government must respect the rights of child’s
parents / family / carers to raise you, where they are raising you in a way that respects your
rights (article 5). Children also have the right to know and be cared for by parents (article 5),

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and the government must make sure that they are not taken away from parents against their
will, unless this is in their best interests (articles 8 and 9). Where you are separated from one
or both of your parents (for example, where your parents have separated), the Government
must make sure that you have contact with the parent you are separated from, unless this is
not in your best interests (for example, where it might because you harm to see your parent)
(article 9). For children who have parents living in different countries, the Government must
make sure that you can stay in regular contact with both parents (article 10). Parents or
guardians have the responsibility to bring you up, and they should do this is a way that is in
your best interests. The Government must give help to your parents where this is necessary to
help them for you properly (article 18).

iv. Right to have an identity (birth certificate): (Articles 7 and 8) The Government must make
sure you are registered at birth (i.e., that you have a birth certificate), and that you have a
name and a nationality and that you know who your parents are. Having your birth registered
is important because it helps you to exercise your other rights (e.g. to get access to education,
housing and other support if you need it, and will allow you to register to vote).
v. Right to go abroad: (Article 11) The Government must make sure that children are not
taken out of the illegally.

vi. Having your opinions heard (article 12): You must be given the chance to give your
opinion when decisions are made that affect you, and the Government must make sure that
these opinions are taken into account by the people making the decision.

vii. Freedom of expression and getting information: You must be able to get and share
information with others, as long as this does not damage others (article 13). The Government
must make sure that you can get information from many sources, like different papers and
television and radio programmes, and must make sure that the media includes programmes
and information that are relevant to children and do not harm you (article 17).

viii. Freedom of thought and religion: (article 14) Freedom of thought, conscience and
religion.
ix. Freedom to gather together and join organisations: (article 15): 15 Freedom of association
and peaceful assembly.

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x. Right to Privacy: (article 16) The Government must make sure that no one is able to
interfere with your privacy or attack your honour or reputation.

xi. Protection from violence, exploitation, abuse, neglect and maltreatment: (article 19)
xii. Article 20 Protection of child who is deprived (temporarily or permanently) of family
environment
xiii. Adoption: (article 21) If you are going to be adopted, the Government must make sure
that your best interests are the most important thing taken into account.

xiv. Children with disabilities: (article 23) If you have a mental or physical disability, the
Government must make sure that you are able to live a full and decent life and they must help
you to do be able to do things independently, and be involved in the community. People who
care for you must be given support if they need it.

xv. Health: (article 24) The Government must make sure you are able to be as healthy as you
can be, and that you are able to get health care when you need it. You must also be able to get
clean water, nutritious food and live in a healthy environment. The Government must also
make sure you can get information about staying healthy.

xvi. Children not living with their parents: If you are not living with your parents, or have had
to be removed from your parents, the Government must make sure that you are cared for, and
that you are given special assistance and protection (article 20). If you are looked after by
local authorities (e.g., in foster care) or put in a special facility to provide you special care or
treatment for a physical or mental health problem, you must have someone review your
situation regularly (article 25).

xvii. Right to get Benefits: The Government must make sure that you and your parents or
carers can get financial help when you need it (article 26).

xviii. Standard of living: (article 27) You have the right to a standard of living that is
necessary for your physical, mental, spiritual, moral and social development. It is your
parent’s responsibility to make sure you have these needs met, but the Government must help
your parents by giving them support if they can’t afford to do this.

xix. Right to Education: The Government must make sure you get a good quality education.
This includes making sure that primary and high school is free and available to you, that you

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can attend school regularly and that schools don’t discipline you in a way that causes you
harm and only in a way that respects your dignity (article 28).

Your education should make sure you develop to your full potential and learn to respect
human rights, your parents and the values, language and culture of the UK and other
countries (article 29).

xx. Children from minority groups: If you are from an ethnic, religious or linguistic minority
group, the Government must make sure you are able to use the language and culture of your
group (article 30).

xxi. Rest and leisure: (Articles 31) The Government must make sure you have rest and leisure
time, and can be involved in cultural activities.

xxii. Right to Work: (article 32) The Government must make sure that you do not do any
work that is harmful to you or that interrupts your education.

xxiii. Protect from using Drugs: (article 33) The Government must protect children from
using illegal drugs.

xxiv. Protection from Sexual abuse: (article 34) The Government must protect you from any
form of sexual abuse.

xxv. Abduction: (article 35) The Government must make sure you are not abducted, or sold.

xxvi. Protection to harm: (article 36) The Government must protect you from coming to any
other type of harm or any actions that are bad for your welfare.

xxvii. Protection against Torture and detention: (article 37) The Government must make sure
that you are never tortured or never treated in a way that is cruel, inhuman or degrading.

xxviii. Joining the army: (article 38) The Government must not let you join the army before
you turn 15. You should get special protection in war zone.

xxix. Recovery from abuse: (article 39) If you have been the victim of abuse, the Government
must make sure you are given help to recover.

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xxx. Children who have broken the law: If you have been accused of breaking the law, the
Government must treat you with respect and dignity. You must be treated as innocent until
you have been proved to be guilty, be told about why you have been arrested straight away,
and be able to get help from your family and a lawyer (article 40).

INTERNATIONAL CONVENTIONS ON RIGHTS OF YOUNG PEOPLE:

The Convention under Art.32 speaks of economic exploitation of children by making them
perform work that is likely to be hazardous or to interfere with the child’s education, or to be
harmful to the child’s health or physical, mental, spiritual, moral or social development. The
Convention spells out a child’s right to education, as well as identifying the forms of harm to
which children should not be exposed. Other rights given to children include right “to the
enjoyment of the highest attainable standard of health” and to abolish traditional practices
that are prejudicial to children’s health (Article 24), a right “to a standard of living adequate
for the child’s physical, mental, spiritual, moral and social development”; parents have the
main responsibility for this, but governments are required “within their means” to assist
parents, as well as to provide material assistance and support in case of need(Article 27) and
a right “to rest and leisure, to engage in play and recreational activities appropriate to the age
of the child”. Article 22 specifies that refugee children have the same rights as all other
children.

Article 6 of the convention makes it the obligation of the governments to ensure that children
are able to survive and develop “to the maximum extent possible” while Article 11 urges
governments to prevent “the illicit transfer and non-return of children abroad”. Under Article
19, Governments must take action to protect children against all forms of physical or mental
violence, injury, abuse, neglect, maltreatment or exploitation, including sexual abuse and
must provide special protection and assistance to children who are deprived of their own
family environment under article 20. Article 35, requires governments to take action to
prevent children from being trafficked while articles Article 36 and 39 requires governments
to protect children “against all other forms of exploitation prejudicial to any aspects of the
child’s welfare” and to help children recover from exploitation, neglect or abuse (particularly
their physical and psychological recovery and return and reintegration into the communities
they come from).

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Two other provisions in the Convention are also vitally important for working children.
Article 3 says government agencies and other institutions taking action concerning a child or
children must base their decisions on what is in the children’s “best interests”. Article 12
emphasizes that when a child is capable of forming his or her views, these should be given
due attention, in accordance with the child’s age and maturity.

CHAPTER=4: RIGHTS OF CHILDS OR YOUNG PERSON

4.1 Need of Protection

Every child has the right to protection. This not only includes children who are in different
circumstances and those who have suffered violence, abuse and exploitation, but also those
who are not in any of these adverse situations and yet need to be protected in order to ensure
that they remain within the social security and protection net. Child protection is about
protecting children from or against any perceived or real danger/risk to their life, their
personhood and childhood. It is about reducing their vulnerability to any kind of harm and in
harmful situations.

Child protection is integrally linked to every other right of the child. The failure to ensure
children’s right to protection adversely affects all other rights of the child and the
development of the full potential of the child. Child protection is about protecting every right
of every child. It must also relate to children’s capacity for self-reliance, self defence, and to
the roles and responsibilities of family, community, society and state. The need to protect
some children is certainly greater than others due to their specific socio-economic and
political circumstances and geographical location. These are the children who are more
vulnerable in term of the harm/danger/risk to their right to survival/ development/
participation.5

1. Homeless children (pavement dwellers, displaced/evicted, etc.)

2. Refugee and migrant children

3. Orphaned or abandoned and destitute children

5
Protection of Childrens Human Rights in India,India , Available at
: http://www.legalserviceindia.com/legal/article-11-protection-of-childrens-human-rights-in-india.html
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4. Children whose parents cannot or are not able to take care of them

5. Street and working children

6. Child beggars

7. Victims of child marriage

8. Trafficked children

9. Child prostitutes

10. Children of prisoners

11. Children affected by conflict/civil strife

12. Children affected by disasters both natural and manmade

13. Children affected by substance abuse, HIV/AIDS and other terminal diseases

14. Disabled children

15. Children belonging to ethnic, religious minorities and other marginalized groups

16. The girl child

17. The unborn child

18. Children in conflict with law (those who commit crime)

19. Children who are victims of crime.

4.2 RIHGTS:

Right to Health
Addressing access to health is a key indicator of attaining children’s rights. In India, nearly 1
million children die under the age of five, an estimated 39 deaths per 1,000 live births.
Women and children are most likely to suffer disadvantages related to accessing health
services such as maternal and newborn coverage.  Only 1 in 3 Indian women benefit from
regular monitoring of their pregnancy. In rural areas, barely 37% of births are assisted by
qualified health personnel. India has more than 204 million undernourished people and Indian
children remain the most affected. Children in India often face a high prevalence
of stunting with rates as high as 39%. As a response, the government started a large

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awareness campaign in order to educate the population about the importance of a varied and
balanced diet.

Children also face other challenges including a high incidence of HIV infections: 3700 new
infections among children, a lack of safe drinking water, and adequate sanitation. The latter,
as a result of uneven distribution of comprehensive health services to women and children in
rural states.6

Right to Education

Access to education in India remains a very problematic and key barrier to realizing
children’s rights. India continues to have the largest number of illiterate people in the world
at 287 million adults, the largest population globally, and 37% of the world’s total. Although
India’s literacy rate increased by 15% between 1991 and 2006, subsequent population growth
had meant that the total number of illiterate people remained high. Despite India’s efforts to
devote 10.5% of its total government expenditure on education, its decentralized nature
means that rich states can spend much more on education than poorer states. For example, a
rich state like Kerala spent RS.50000 per person per year on education while a poorer state
like Bihar only spent RS. 7500.  This unequal distribution of education further marginalizes
children especially those living in rural area.

Discrimination linked to the caste system as well as discrimination against woman also
remains, marginalizing millions of young Indians in the educational system. Despite this, the
Indian government is trying to find solutions to allow all Indians, young or old, to benefit
from high-quality education in order to fight against illiteracy. In spite of the continuing
problems, India can be very proud of itself for having made considerable progress in its
educational system.

Since 2009, Humanium has collaborated with local partners in India to implement children’s
rights, by opening residential special training centers for former child labourer’s, promoting
both “child-friendly villages”, and various higher education aid projects.  The aim of these
projects is to end child labour through education, improve the living of whole villages in rural
areas, and provide financial assistance projects which enable young people from
disadvantaged families to pursue higher education.

6
https://www.humanium.org/en/india/#:~:text=In%20India%2C%20a%20child%20has,practices%20to
%20name%20a%20few.
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Right to life

The Indian constitution of 1950 asserts that “everyone has the right to life, liberty and the
security of persons”, and that “no person shall be deprived of his life or personal liberty…”.
Despite this fundamental right enshrined in the constitution, life, survival, and child
development remain areas of concern in India.

Thousands of children lose their lives each day, not only because of poverty but also because
female infanticides are practiced with impunity. The main threat to Indian children’s right to
life stems from these female infanticides, a cultural practice that persists. In fact, each day,
thousands of small Indian girls either die before being born or lose their lives because they
are not desired or accepted by their family. There are several factors which contribute to the
practice of female infanticides, including the dowry system which makes daughters “an
unaffordable economic burden”.

To deal with this problem, many Indian families turn to selective abortion of the female fetus
(feticide). Even more alarming, when the birth of the child is unavoidable, families kill the
babies by drowning, poison, suffocation, or deliberate negligence leading to the death of the
child.

The reality is even more frightening: globally 117 million girls demographically go missing
due to selective sex-abortions, and in India, every minute, 9 abortions of female fetuses will
take place. Furthermore, as a result of sex-abortions India ranked number four among
countries with the most skewed sex ratio at 112 males for every 100 females.

Right to protection, and freedom of expression

In India, a child has the right to be protected from neglect, exploitation, and abuse at home
and elsewhere. Children have the right to be protected from the incidence of abuse,
exploitation, violence, neglect, commercial sexual exploitation, trafficking, child labour, and
harmful traditional practices to name a few. Yet according to a study conducted by the
government in 2007, more than 69% of children aged 5 to 18 years old are victims of abuse.
There are many who must face humiliation and violence every day.

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More than half of the abuses inflicted upon children are committed by a close group of people
who have a relationship of confidence and authority with the child. In Indian families, parents
have absolute authority over their children. Furthermore, this strict discipline is also found in
academic areas, a study found that 65% of school-going children have faced corporal
punishment at the hands of academic staff.

A contributing factor to the neglect of children is a result of cultural values which does not
have high esteem and standing for the words and opinions of children. As such, no Indian
legislation specifically mentions this right, and education focuses on the respect children
must show to adults.

To fully realize children right to protection, it is important to adopt a different attitude

towards children and their needs. It is also necessary to invest in educating and training
caregivers on children’s fundamental right to protection, and prosecuting those who neglect
it.

 Right Identity

Another important factor for realizing children rights is realizing their right to identity and
registration. India suffers from one of the highest non-registration rates for children in the
world. Only 41% of births are registered. There is a big urban-rural difference in registration
with 59% of urban children under five being registered versus only 35% in rural areas. This
leads to serious difficulties for these people because they cannot benefit from child-sensitive
social protection services and programmes, as such are invisible in the eyes of society.

4.3 WHAT ARE THE CHALLENGES AND DISCRIMINATION DO YOUNG

PEOPLE FACE?

Pursuant to Human Rights Council, the Office of the High Commissioner for Human Rights
published a report on youth and human rights. The report documented the discrimination and
some of the challenges for young people in accessing civil, political, social, economic and
cultural rights. Examples include:

 Participation: Youth are under-represented in political institutions, with less than 2%

of parliamentarians worldwide aged under 30. Moreover, the age of candidacy for
national parliaments, and especially for higher office, is not always aligned with the
minimum voting age.

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  School to work transition: Young people worldwide are three times more likely than
adults to be unemployed. Where youth are employed, they often face precarious
working conditions (e.g. zero hour contracts) and thus lack quality jobs and access to
social protection. Additionally, working poverty disproportionately affects youth,
with 145 million young workers living in poverty. In some cases, youth poverty is
linked to sub-minimum youth wages which go against the principle of equal pay for
work of equal value.

 Access to health, including Sexual and Reproductive Health and Rights: In some
countries, parental notification is required for young people to access sexual and
reproductive health services, such as contraceptive goods and services. Where
information on sexual and reproductive health is not provided, adolescents' ability to
take measures to prevent unwanted pregnancy or sexually transmitted infections is
hindered; adolescent girls and young women aged 15-19 account for 11% of all births.

 Conscientious objection to military service: Despite a growing body of

international jurisprudence and recommendations from the international human rights
system, some States do not recognize or fully implement the right to conscientious
objection to military service in practice.

 Youth in vulnerable situations: Young migrants including asylum seekers and

refugees, young people in conflict with the law and youth with disabilities face
additional challenges due to their specific situation. Age is one characteristic that
often intersects with, adds to and multiplies discrimination based on other grounds,
thus preventing many young people from enjoying equal opportunities and
substantive equality.7

7
About the human rights of youth, India, available at:
https://www.ohchr.org/EN/Issues/Youth/Pages/YouthandHR.aspx
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 CHAPTER=5: ROLE OF JUDICIARY

5.1 Judicial Roles:

Judiciary in India has taken a proactive stand in eradicating child labour. In the case of M.C.
Mehta v. State of Tamil Nadu and Ors 8 , this Court considered the causes for failure to
implement the constitutional mandate vis-à-vis child labour. It was held that the State
Government should see that adult member of family of child labour gets a job. The labour
inspector shall have to see that working hours of child are not more than four to six hours a
day and it receives education at least for two hours each day. The entire cost of education was
to be borne by employer.

The same was reiterated in Bandhua Mukti Morcha v.UOI9 and directions were given to the
Government to convene meeting of concerned ministers of State for purpose of formulating
policies for elimination of employment of children below 14 years and for providing
necessary education, nutrition and medical facilities.

It was observed in both the case that it is through education that the vicious cycle of poverty
and child labour can be broken. Further, well-planned, poverty-focused alleviation,
development and imposition of trade actions in employment of the children must be
undertaken. Total banishment of employment may drive the children and mass them up into
destitution and other mischievous environment, making them vagrant, hard criminals and
prone to social risks etc. Immediate ban of child labour would be both unrealistic and
counter-productive. Ban of employment of children must begin from most hazardous and
intolerable activities like slavery, bonded labour, trafficking, prostitution, pornography and
dangerous forms of labour and the like. 

8
AIR 1991 SC 417; (1991) 1 Mlj 44 (SC); 1990 (2) SCALE 947); [1991] 3 SCR 312
9
1984 AIR 802, 1984 SCR (2) 67
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Also, in case of PUCL v. UOI and Ors10 children below 15 years forced to work as bonded
labour was held to be violative of Article 21 and hence the children were to be compensated.
The court further observed that such a claim in public law for compensation for contravention
of human rights and fundamental freedoms, the protection of which is guaranteed in the
Constitution, is an acknowledged remedy for enforcement and protection of such rights.

The Supreme Court of India at the apex has been assigned a very important role and
constituted as a guardian of Constitution. Our judiciary is an independent organ of the State.
They perform a great job of interpretation of Constitutional and Legislative provisions. The
Indian Judiciary played pivotal role in the field of Child Welfare.

 M. C. Mehata Vs. State of Tamil Nadu: Supreme Court while interpreting Article 21
held that right to receive education by child worker until they completed 14 years of
Age is an integral part of right to life and personal liberty.

 P. U. D. R. Vs. Union of India11: In this case Supreme Court directed the State
Government to amend the schedule of the employment of children Act, 1938. Further
Court held that construction work is hazardous occupation.

 Salal Hydro Project Vs. State of J & K12: In this case Child Labour is a difficult
problem and it is purely on account of economic problem and it cannot be solved by
mere legislation. So long poverty continues the problem of Child Labour eradication is
not possible.

 Bandhua Mukti Morcha Vs. Union of India: Supreme Court held that child today should
be developed to be a responsible and productive and child should be assured social and
physical health.

However, Human rights experts criticise the scheme of payment of compensation envisages
in Child labour act and further adopted by the Judiciary with gusto. They say that monetary
compensation is like washing away one’s conscious which still believes that if a child labour
is sent to school he must be compensated for the amount which he might have got if he had

10
IR 1997 SC 568, JT 1997 (1) SC 288, 1996 (9) SCALE 318, (1997) 1 SCC 301, 1996 Supp 10 SCR 321, 1997 (1) UJ
187 SC
11
AIR 1982 SC 1473
12
 1984 (1) SCALE 680, (1984) 3 SCC 538
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worked instead. This only confuses the already divided opinion of the society today which
still thinks that poor and needy children are better off working.

CONCLUSION

India has done well in enacting suitable legislations and policies to combat child labour.
Nonetheless, its implementation at grass root level is very much lacking. The child labour
laws today are like a scarecrow which does not eliminate child labour but only shifts it
geographically to other places, to other occupations like agriculture which may be less paying
or it might be still continued clandestinely. The lack of a specialized enforcement officer
leads to lesser attention being given to child labour legislations. Furthermore, many of the
child labour programmes remain poorly funded.

Child labour is a complex problem which cannot be eliminated without first attacking it at the
roots. Thus, poverty, unemployment, lack of social security schemes, illiteracy and the
attitude of society need to be tackled first before any progress can be made. A starting point
can be to treat Child labour as a human rights problem and discouraging its manifestation in
any form. If the society as such see’s child labour as a social malaise, we will be much closer
at achieving success.

It is relevant to mention that the Judiciary played a very important role in the protection of
child labour. The Judiciary has always taken preventive measure to safeguard them from the
employer by fixing their working hours, providing medical facilities, fixed the number of
wages etc. The Judiciary has also directed State authority to create an environment where the
child can grow and develop his personality without facing any abuse as mentioned in our
constitution. What this paper calls for, more than anything, is a context-sensitive approach to
understanding child labour in a country as large and diverse as India.

Lastly, there is a lot of debate over the age from which child labour should be banned. The
ILO conventions do not give a definite age, 14 years seems to be the general understanding
but CRC defines a child to be below 18 years. Right to education is for children below 14
years and Child labour is prohibited till age of 14 years. This brings the question as to

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whether children of age 14-18 years are to be denied basic human rights and are to be left
vulnerable.

BIBLIOGRAPHY

BOOKS

1. Kapoor, S.K, “International Law and Human Rights”, 20th edition 2016.

2. Agrawal,H.O, “International Law and Human rights”, 20th edition 2014.

3. Khanna, D.P, “Reforming human Rights”, 1st edition 2001.

4. Dannelly Jack, “Universal Human Rights in Theory and Practice”, 2nd edition, 2005.

WEBSITES

 https://indiankanoon.org/doc/1373215/

 http://www.legalserviceindia.com/legal/article-11-protection-of-childrens-human-
rights-in-india.html

 .http://legacy.fordham.edu.

 https://www.ohchr.org/EN/Issues/Youth/Pages/YouthandHR.aspx

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