Human Rights and Socio-Economic Challenges in the State of Uttarakhand: Sagas & Surveys

CHILD RIGHTS IN INDIA

*
Dr. Suman Vij, **Anosh
Fig 4.1 Different rights of child “The UN Convention on the Rights of the Child applies to all children
under the age of 18. The UN Convention on the Rights of the Child took
all the moralities of the child within one document for the very first time
in history.
• Basic principles of the Convention:
All children are equal and have the same rights.
• Every child has the right to have his or her basic needs fulfilled.
• Every child has the right to protection from abuse and
exploitation.
• Every child has the right to express his or her opinion and to be
respected”
Sourcs :https://worldschildrensprize.org/childrights

*
Associate Professor School of Management and Commerce studies, Shri Guru Ram Rai
University, Dehradun, Uttarakhand
**
Research Scholar School of Management and Commerce studies, Shri Guru Ram Rai
University, Dehradun, Uttarakhand

Why special attention is required for Rights separately?

Earlier no separate laws and provisions were made for the children. It was felt that children are small and
they cannot claim it. Issued related to children were been looked upon as welfare issues. But now the
time has changed. It is globally realized that they are the ones who are been exploited at large and also it
is easy to fish to be targeted and therefore need additional safety. Hence a well-organized system of laws
for child rights was formed which can be exercised by any concerned adult on their behalf. This step by
the government changed the existence of our children as a person, an individual human being We cannot
forget that in some cases the sufferer child is so small that he/she doesn’t even understand that how to
pose the problem. Sometimes they even fail to understand the problem and even if they understand they
have a fear of punishment. Therefore it is very important, rather it becomes our duty to pay attention to
the words put forward by these small children to have an insight into the issues. Following are the rights
available to the children for their protection and providing them with the earth as a better place to live.

The sole standard on which the child rights are founded is the “best interest principle”. In modest terms,
these words mean that every action engaged concerning a child should be in his/her greatest interest. It is
expected that one cannot go erroneous if these standards are followed
Fig 4.2 Indian Law Policy and programme

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 Human Rights and Socio-Economic Challenges in the State of Uttarakhand: Sagas & Surveys

The Family and child:

Fig 4..3 Two ways that child gets family

Family is considered an elementary unit of the society and the maximum of the children are part of the
family. As the other members have in the family, children also have a right to be taken care of by their
parents until they rise and become proficient in taking care of themselves. This is true irrespective of the
fact whether their parents are legally married or not. In other words, the legality of a child may matter in
the issues of property inheritance and other such matters but it does not affect in any way to their rights
related to maintenance. It is the responsibility of the family to arrange for them with facilities such as
clothing, food, education, residence, Medical care, and other such facilities. There are many children in
the world, who do not have their biological parents in such a condition, adoption and guardianship are the
two processes opted to provide these children with the family.
Fig 4.4 Child labour prohibition & Regulation Act 1986

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 Human Rights and Socio-Economic Challenges in the State of Uttarakhand: Sagas & Surveys

Social, cultural, and economic rights of the child:

“In India child has many rights that protect them against many evils itinerant within the society they live
in. These rights include:
⦁ Rights to free and mandatory elementary education to all children till the age of attending 14 years.
Our Constitution introduced Article 21-A (Eighty-sixth Amendment) Act, 2002 to deliver free and
essential education to all the children between the age group of six to fourteen years as an Essential Right
⦁ Indian Constitution necessities: Article 24(iii) Prevention of employment of children in factories, etc.
That is the Right of a child to be protected from any harmful engagement of work till the age of 14 years.
Not any child under the age of fourteen years shall be working in any factory or mine or engaged in any
other hazardous employment
• Article 39 (e) : Right to be secured from being harmed and forced to enter into the occupation
incompatible to their age
• Article 39 (f) positions that the State will, in specific, through its policies, provide children
prospects and amenities to grow in a healthy way with freedom and pride and that juvenile and
adolescence are protected against exploitation
Child Rights in Uttarakhand:
In Uttarakhand, the state commission for protection of child rights was established under CPCR section -
17. The main objective of establishing this commission was to look after the child's right been
implemented by the state. This covers different areas such as
⦁ The juvenile justice (care and protection of children) act, 2015 no. 2 of 2016: “An Act to consolidate
and amend the law relating to children alleged and found to be in conflict with law and children in need
of care and protection by catering to their basic needs through proper care, protection, development,
treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of
matters in the best interest of children and for their rehabilitation through processes provided, and
institutions and bodies established, herein under and for matters connected therewith or incidental
thereto. WHEREAS, the provisions of the Constitution confer powers and impose duties, under clause
(3) of Article 15, clauses (e) and (f) of Article 39, article 45 and article 47, on the State to ensure that all
the needs of children are met and that their basic human rights are fully protected” 1
⦁ “The Right of Children to Free and Compulsory Education (RTE) Act, 2009 came into effect from 1st
April 2010”. 2
⦁ “(POCSO) Act, 2012 (The Protection of Children from Sexual Offences); was passed to offer a
healthy lawful structure towards the protection of children from offenses of sexual assault, sexual
harassment, and pornography while safeguarding the interest of the child at every stage of the judicial
process”. 3
⦁ The child labor (prohibition and regulation) act, 1986: As per section 2(ii) of the  Child and
Adolescent Labor (Prohibition & Regulation) Act, 1986 (amended w.e.f. 1-9-2016), “Child” means a
person who has not completed his 14th year of age. Adolescent means a person who has completed his
fourteenth year but has not completed his eighteenth year. The Act prohibits the employment of children

1
http://scpcruk.org.in/download/jjact2000.pdf
2
http://scpcruk.org.in/download/RTE_Act.pdf
3
https://www.google.com/search?q=pocso+act&rlz=1C1CHZL_enIN844IN844&oq=POSCO+&aqs=chrome 1.69i

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 Human Rights and Socio-Economic Challenges in the State of Uttarakhand: Sagas & Surveys

in any occupation or process. However, he can work in his family business in a non-hazardous process
after school hours. He can also work as an artist in any audio-visual entertainment industry. [Section3]” 4
⦁ “Adoption Regulations, 2017. (2) They came into force on the 16th of January, 2017. The Adoption
Regulations, 2017 were framed by the Central Adoption Resource Authority (CARA) under section 68
(c) of Juvenile Justice (Care and Protection of Children) Act, 2015. The new set of regulations seeks to
further strengthen the adoption program in the country by replacing the Guidelines Governing Adoption
of Children 2015.” 5
References
1. http://scpcruk.org.in/download/jjact2000.pdf
2. http://scpcruk.org.in/download/RTE_Act.pdf
3. https://www.google.com/search?q=pocso+act&rlz=1C1CHZL_enIN844IN844&oq=POSCO+&aqs=chrome 1.69i
4. https://www.taxmann.com/blogpost/2000001774/child-and-adolescent-labour-prohibition-and-regulation-act-
1986.aspx
5. Shravan nune retrived through https://www.jagranjosh.com/current-affairs/adoption-regulations-2017-came-into-force-
on-16-january-14845496

4
https://www.taxmann.com/blogpost/2000001774/child-and-adolescent-labour-prohibition-and-regulation-act-1986.aspx

5
Shravan nune retrived through https://www.jagranjosh.com/current-affairs/adoption-regulations-2017-came-into-force-on-16-january-
14845496