Child Rights - India / The Constitution of India / The Child Rights Convention (UNICEF)
In addition to these Fundamental Rights, the Constitution also contains certain Directive Principles of State Policy (DPSPs) that are specifically aimed at the protection and welfare of children.
These DPSPs are not enforceable in a court of law, but they are nevertheless important as they guide the government in its policies and programs for children.
The following are some of the key child rights guaranteed in the Constitution of India:
🔹Right to equality: Article 14 of the Constitution guarantees the Right to Equality to all citizens, including children. This means that children cannot be discriminated against on the basis of caste, religion, gender, or any other factor.
🔹Right to Free and Compulsory Education:Article 21A of The Constitution guarantees the Right to Free and Compulsory Education to all children in the age group of 6 to 14 years. This means that the government is obligated to provide free education to all children in this age group, regardless of their socioeconomic status.
🔹Right to be protected from hazardous employment: Article 24 of The Constitution prohibits the employment of children below the age of 14 years in any hazardous employment. This means that children cannot be employed in any job that is dangerous or harmful to their health and safety.
🔹Right to be protected from abuse and exploitation: Article 39(e) of The Constitution directs the state to protect children from abuse and exploitation. This means that the government has a duty to protect children from all forms of violence, abuse, and exploitation, including child labor, child trafficking, and sexual abuse.
🔹Right to special care and nutrition: Article 45 of The Constitution directs the state to provide special care and nutrition to children under the age of six years. This means that the Government has a duty to ensure that young children have access to adequate food and nutrition, as well as healthcare and other essential services.
In addition to these Specific Rights, The Constitution of India also guarantees certain General Rights to all citizens, including children. For example, Article 21 guarantees The Right to Life and Personal Liberty to all citizens. This means that children have The Right to Life and to be Free from Arbitrary Interference by The State.
The Constitution of India is a living document, and it has been amended several times since it was adopted in 1950. Some of these Amendments have been specifically aimed at strengthening The Protection of Child Rights. For example, the 86th Amendment to The Constitution, which was passed in 2002, inserted Article 21A into the Constitution, guaranteeing The Right to Free and Compulsory Education to all children in the age group of 6 to 14 years. However The Bill was passed as an Act in 2009.
Despite the strong Constitutional protections for Child Rights, there are still millions of children in India who are deprived of their basic rights. This is due to a number of factors, including poverty, lack of awareness & social and cultural norms.
However, The Constitution of India provides a strong foundation for the protection and promotion of Child Rights in India.
© Rohit Singh Negi/ Dr. Reshmi Nair
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