RIGHTS RELATING TO CHILDREN

CHILD ABUSE AND RIGHTS

Lectures by Padmesh Kataria

 INTRODUCTION
• The hallmark of culture and advance of
civilization consists in the fulfillment of our
obligation to the young generation by
opening up all opportunities for every child to
unfold its personality and rise to its full
stature, physical, mental, moral and spiritual.
It is the birth right of every child that cries for
justice from the world as a whole. – Justice
V.R. Krishna Iyer
 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.
 .

• There are, however, other laws that define a

child differently and are yet to be brought in
conformity with the UNCRC. But, as stated
earlier, the legal understanding of the age of
maturity is 18 for girls and 21 for boys.
• This means all persons in your
village/town/city below the age of 18 years
have to be treated as children and need your
assistance and support.
Legal Definition of Child in India
The term ‘Child’ is not defined in the Indian
Constitution. There are a number legislations in
India which defines the term ‘Child’ depending
upon the purpose. Under the Indian Majority
Act,1875 the age of majority is eighteen years
& in case of a minor for whose person &
property a guardian is appointed or whose
property is under the supervision of the Court
of Wards the age of majority twenty-one years
 .

• Under the Child Labour (Prohibition and

Regulations) Act, 1986, child means a person who
has not completed his fourteenth year of age.
• Under the Child Marriage Restraint Act, 1926,
child means a person who, if a male, has not
completed twenty-one years of age and, if a
female, has not completed eighteen years of age.
Under Juvenile Justice (Care and Protection) Act,
2000, ‘Juvenile’ or ‘Child’ means a person who has
not completed eighteenth year of age.
 TAKE AWAYS
• All persons below the age of 18 are children.
• Childhood is a process through which every
human being passes.
• Children have different experiences during
childhood.
• All children need to be protected from abuse
and exploitation.
Why do children need special attention?

• Children are more vulnerable than adults to the

conditions under which they live.
• Hence, they are more affected than any other
age group by the actions and inaction of
governments and society.
• In most societies, including ours, views persist
that children are their parents’ property, or are
adults in the making, or are not yet ready to
contribute to society.
 .

• Children are not seen as people who have a mind

of their own, a view to express, the capacity to
make a choice and an ability to decide.
• Instead of being guided by adults, their life is
decided by adults.
• Children have no votes or political influence and
little economic power. Too often, their voices are
not heard.
• Children are particularly vulnerable to
exploitation and abuse.
 United Nations Convention on the Rights Of The Child

• Human rights belong to all people, regardless

of their age, including children. However,
because of their special status - whereby
children need extra protection and guidance
from adults - children also have some special
rights of their own. These are called children’s
rights and they are laid out in the UN
Convention on the Rights of the Child (CRC).
 Significant features of the UN
Convention on the Rights of the Child
(CRC)
• Applies equally to both girls and boys up to
the age of 18, even if they are married or
already have children of their own.
• The convention is guided by the principles of
‘Best Interest of the Child’ and ‘Non-
discrimination’ and ‘Respect for views of the
child.’
 .

• It emphasizes the importance of the family

and the need to create an environment that is
conducive to the healthy growth and
development of children.
• It obligates the state to respect and ensure
that children get a fair and equitable deal in
society.
 Four sets of rights under CRC:

• Survival
• Protection
• Development
• Participation
 Right to Survival 
• Right to life.
• The highest attainable standard of health.
• Nutrition.
• Adequate standard of living.
• A name and a nationality.
 Right to Development 
• Right to education.
• Support for early childhood care and
development.
• Social security.
• Right to leisure, recreation and cultural
activities.
 Right to Protection
Includes freedom from all forms of:
• Exploitation.
• Abuse.
• Inhuman or degrading treatment.
• Neglect.
• Special protection in special circumstances
such as situations of emergency and armed
conflicts, in case of disability etc.
 Right to Participation
• Respect for the views of the child.
• Freedom of expression.
• Access to appropriate information.
• Freedom of thought, conscience and religion.
 Child Rights in India

• 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)).
• 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).
 Obligation of the State
• Make special provisions for women and
children (Article 15 (3)).
• Protect interest of minorities (Article 29).
• Promote educational interests of weaker
sections of the people (Article 46).
• Raise the level of nutrition and standard of
living of its people and the improvement of
public health (Article 47).