Tanu Patel Sioco RP
Tanu Patel Sioco RP
Tanu Patel Sioco RP
RIGHTS OF CHILDREN:
A GLOBAL STUDY
NMIMS
DECLARATION
I hereby declare that this work is my original contribution, this research project has not been published anywhere
and is not submitted to any other university or institution for the award of any degree. I have mentioned the
relevant references within my knowledge.
TABLE OF CONTENT
1. ABSTRACT 4
2. OBJECTIVE 4
3. RESEARCH QUESTIONS 4
4. RESEARCH METHODOLOGY 4
5. LITERATURE REVIEW 5
6. Research problems 4
7. INTRODUCTION 6
8. CHAPTERISATION 6
I. CHAPTER I: END OF CHILHOOD INDEX 2020
II. CHAPTER II: LAWS AND CONDITIONS IN SINGAPORE
III. CHAPTER III: LAWS AND CONDITIONS IN NIGERIA
IV. CHAPTER IV: LAWS AND GENERAL CONDITIONS IN INDIA
a) Juvenile justice act
b) Indian penal code
c) POCSO
d) RTE
e) Child labor and Kailash Satyarthi
f) CRC and India
g) Gender and child rights
h) Child mortality
i) Child marriage
j) Girl child literacy rates
k) Child prostitution and survival sex
l) Child and drugs
m) Ragging
n) NCRB data 2019
o) Cry NGO
9. FINDINGS, SUGGESTIONS,CONCLUSION AND PERSONAL TAKEAWAY 21
10. BIBLIOGRAPHY 23
ABSTRACT
Children and childhood have been broadly construed as a ‘golden age' that is synonymous with youth, freedom,
fun, play, and the like around the world. It is a time when, having been spared the rigours of adulthood, one
scarcely bears any responsibilities or commitments. However, it is also true that children, particularly those who
are very young, are vulnerable. Since children are vulnerable, they must be cared for and shielded from "the
harshness of the world beyond" and "the harshness of the world around them." So, it becomes very important to
Examine the legal definition of a child and the legal provisions aimed at protecting children in this job, And to
make a determination as to whether or not such protections are sufficient. This project aims to analyze laws and
situations related to children, the efficiency of laws, their application and so on. Root level problems are also taken
into consideration. The countries taken up for study are based on an index named end of childhood index 2020.
More than 50% of the project focuses on Indian laws and conditions of children in India. The project seeks to
provide a critical and holistic view of a child’s position in the countries. Various laws, customs and general
practices are discussed and evaluated.
OBJECTIVE
1. To Study facts of End of childhood index 2020.
2. To Study the laws relating to children in Singapore, Nigeria and India.
3. To Study prevalent traditional practices in the above countries which harm a child’s life.
AIM
The aim of this paper is to critically evaluate the position of children and their rights in Singapore, Nigeria and
India.
RESEARCH QUESTIONS
1. What is End of childhood index 2020?
2. Is the situation of children in Singapore in accordance with the rank provided to the country in the index?
3. What is the position of a child and his/her rights in Nigeria?
4. How is the condition of children in India?
5. What are the laws protecting child rights in India?
RESEARCH METHODOLOGY
Facts and information have been collected and evaluated within the temporal scope of time under the research
project and then a basic understanding has been created. Various primary and secondary data has been taken into
consideration. Some university archives, local collections have been used. In addition, textbooks, journals,
biographies have also been taken into consideration.
RESEARCH PROBLEMS
The problem faced by the researcher while completing this project is that there are many distorted facts on internet
that often led to misunderstanding and created difficulty for the researcher in finding the original content. Limited
access to original data sources.
LITERATURE REVIEW
A review of literature on children's rights and legal pluralism: This article provides an overview of literature in
which children's rights and legal pluralism are central to literature. This scholarship focuses on three research
issues. How children and legitimate workers are subject to several laws; And how legal pluralism interacts with
social change and the realization of children's rights. In terms of the subject of study, researchers pay more
attention to family relationships than to the status of children in society as a whole. This is often tacit, but it can
distinguish many theoretical approaches, especially in child rights design (e.g. semi-autonomous or static) and
legal pluralism (e.g. discrete or multi-level) conceptualization. A social builder who dominates the concepts of
parenting and childhood. Based on this, we are developing various proposals for future research. We concluded
that it is a good idea to further develop the area of children's rights and legal diversity, as it can deepen our
understanding of the interaction between legal pluralism and legal pluralism, as well as the details of the necessary
information. Human rights. Generally.
An Analytical Study on Rights of Children and the Constitution of India: India's constitution was an excellent
document to protect the rights and interests of citizens. Children are no exception, as our Constitution fights to
protect the interests of children with a variety of provisions, from prefaces, basic rights and policy guidelines to
today's legal activities. Despite all constitutional, legal and institutional provisions, the rights of children are
violated in India. Child labor is a widespread violation of the rights of children. Constitutional provisions such as
justice, equality, freedom and fundamental rights did not protect the interests and rights of children, especially
poor child workers. In this context, this article will analyze the situation of working children in relation to the
Indian Constitution. At the same time, this document will try to better understand the state of child labor and its
constitutional response to it.
Child Protection and Children’s Rights in Singapore: Children need a safe and supportive environment to grow
and thrive as an adult.A stable, safe and supportive family is a source of care, comfort, and guidance. But the baby
Safety in a disabled family setting is at stake and intervention is required to ensure their safety and well-being. On
the Singaporean government is committed to ensuring that all children and adolescents provide quality health care,
quality education and A safe environment for a strong, stable and supportive family methods. This article reviews
the steps taken to develop and implement a child protection policy in Singapore. Promoting abuse and healthy
development.
INTRODUCTION
The concept of human rights stems from the basic principles of human dignity. Basic human rights are universal.
These include the right to life, freedom from torture or inhuman or degrading treatment, the right to freedom and
justice, the right to privacy and thought, religion and freedom of expression. These rights are set forth in the
Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the African
Charter of Human Rights and Human Rights and the Constitution of Nigeria. Children, like others, have equal
rights to basic human rights. Children also have the right to special protection in the form of child rights.
Children's rights laws recognize children's special vulnerabilities and provide special protection from harm. The
Children's Rights Act places the state responsible for ensuring the best interests of the child and recognizes the role
that parents, families and society play in protecting and realizing the rights of children. Children's rights are
exercised when a child is abused, neglected, or abused, or when a child is against the law. In both cases, it is
important to monitor and document violations of children's rights to ensure that children's rights are adequately
protected in Nigeria, and it is important to use local and international mechanisms to ensure that the state is
respected when appropriate.
The End of Childhood Index measures the most recent results for 180 countries – the most ever – to determine
where children are losing out on childhood the most and least. With a score of 989 out of 1,000, Singapore takes
the top spot in year 2020. Eight Western European countries are in the top ten, with very high scores in terms of
children's welfare, education, and safety. Niger comes in last place among the countries surveyed, with a score of
375. Childhood has come to an end just too quickly for hundreds of millions of children around the world. Illness,
malnutrition, exclusion from education, child labour, child marriage, early birth, war, and excessive violence are
among the main causes. This study examines the incidents that deprive children of their childhoods and identifies
areas where more funding is required to protect children from poverty, bigotry, and neglect.
What do the scores mean?
On a scale of 1 to 1,000, countries' End of Childhood Index scores are measured. Children's rights are well
protected in countries with higher rankings. The scores indicate how many children in each nation face "childhood
enders," such as mortality, persistent malnutrition, dropping out of school, and being drawn into adult positions
such as employment, marriage, and motherhood. Here's a short guide to interpreting country rankings:
940 or higher – Only a few children miss out on their childhood.
760–939 – Some youngsters are losing out on the joys of infancy.
Many youngsters are losing out on their youth in countries with score between 600 and 759.
380 to 599 – The majority of children are losing out on their youth.
Nearly all children are losing out on infancy whether they have a score of 379 or below.
Singapore ranked -1
Nigeria ranked 174
India ranked-115
Singapore
Children in Singapore are highly respected by their families, culture, and community. People, especially teenagers,
are considered the nation's most important commodity on a tiny island with few natural resources. A signatory to
the United Nations Convention on the Rights of the Child1 [General Assembly of the United Nations (UNGA)]
(1989). Since October 1995, Singapore has been profoundly committed to ensuring the well-being and inclusive
welfare of her children [Convention on the Rights of the Child, Document No. A/RES/44/25, UNGA2, New York]
(Ministry of Social and Family Development, MSF, 2012) On Children in Singapore, a lot of time, commitment,
and money are spent to ensure that they grow up in a stable and secure atmosphere that allows them to thrive and
reach their full. Children's interests are well secured in Singapore, thanks to a variety of critical pieces of
legislation, child and family-centered programs, and a wide range of educational, childcare, and social welfare
programs. Since the family is a child's most significant basic structure, there are many programs and resources in
place to ensure that children grow up in stable and safe communities. For all of Singapore's children and youth, the
following main objectives are pursued.
Key focus of Singapore in promoting child rights:-
1. Health-care services
1
The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding international agreement setting out the civil,
political, economic, social and cultural rights of every child
2
The United Nations General Assembly is one of the six principal organs of the United Nations, serving as the main deliberative, policy-
making, and representative organ of the UN.
Kirit P. Mehta School of Law Page 7 of 24
Rights of children: a global study
The first goal is to ensure that all Singaporean children and youth have access to accessible, high-quality
healthcare (MSF, 2012).
2. Education is really important.
Singapore's second goal for its children is to ensure that both children and youth have access to a high-quality,
readily available education that will provide a solid base for future university or vocational studies or
employment (Ministry of Social and Family Development, Singapore, 2012). The Ministry of Education is in
charge of all educational issues.
3. Environment that is both secure and nurturing
The Ministry of Social and Family Development's third goal for Singapore's children is to ensure that both
children and youth have the ability to grow up in a stable and caring atmosphere, beginning with a strong
family unit (Ministry of Social and Family Development, 2012). Several steps are being taken to help families
improve and encourage each other in their efforts and provide a safe family climate for and of their members.
8 PILLARS OF CHILD PROTECTION IN SINGAPORE
LEGISLATION
The British legal reform has had a major impact on Singapore's legal system. Singapore, on the other hand, has
developed its own distinctive jurisprudence over time, drawing on other legal traditions. It is now regarded as
Asia's leading legal center.
1. The Children and Young Persons Act: The Children and Young Persons Act3 (CYPA) is the primary piece
of legislation in Singapore that guarantees children's safety. The CYPA establishes a legal framework for
intervening in the case of an abandoned or exploited child (under the age of 14) or adolescent (under the
age of 16). The Act provides for the recovery of children and youth who commit offences or are under
parental supervision and at risk of engaging in delinquent and degrading behavior . It further defines
offences against children and youth and spells out provisions for those who commit such offences.
3
The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the Parliament of the United Kingdom of Great Britain
and Northern Ireland
Kirit P. Mehta School of Law Page 8 of 24
Rights of children: a global study
2. The Women's Charter: The Women's Charter protects girls under the age of 21 from sexual harassment. It
also means that parents uphold their responsibility to cater for their children's financial needs. The charter
defends children and women from abuse by identifying crimes against them and outlining the
consequences of such crimes.
3. Guardianship of Infants Act4
4. Adoption of Children Act: guarantees that a child's adoption is made in his or her best interests. Before
considering adoption and filing a court application, all adoptive parents must complete a mandatory pre-
adoption briefing.
5. Penal Code: The Penal Code outlines the definitions and penalties for crimes against children. The Penal
Code has provisions to shield minors and adolescents from criminal offences such as incest, kidnapping,
and commercial sex.
6. Employment Act: IT sets out special provisions and requirements when youth are working, protects them
from violence and exploitation. Children under the age of 13 are not allowed to work under the
Employment Act.
SOME MORE BEAUTIFUL STEPS TAKEN BY SINGAPORE LEGAL SYSTEM
The Children's Court was created in 2008 to handle judicial cases concerning the welfare and well-being of
children. The Family Kid (Children's Best Interest, Less Adversarial) Court Program seeks to approach child
custody and access issues from a child's perspective rather than the conventional adversarial approach. A Family
CHILD Court judge and court psychologist can follow up on a suitable child situation after it has been found.
Judicial decisions are taken to safeguard and guarantee the child's best interests.
The Subordinate Courts, in conjunction with the Singapore Children's Society, the Singapore Police Force, and the
Attorney-General Chambers, have launched the Vulnerable Witness Support Program. This free program is
designed to assist children who are required to testify in court trials. Before the start of the proceedings, a
Volunteer Support Person (VSP) from the Singapore Children's Society will accompany the child to the court to
familiarize her with the court setting and the court procedure.
Furthermore, in 2008, the Juvenile Court was established to deal with minors that are under parental supervision
and at risk of delinquency, as well as others who have committed crimes. Rather than just dispensing punishment,
the emphasis is on restorative justice and collective rehabilitation.
In Singapore, child protection is a multi-disciplinary and multi-agency initiative, with the Ministry of Social and
Family Development's Child Protection Services taking the lead and partnering with other departments such as
childcare organizations, community-based voluntary social welfare organizations, schools, police, the Courts, and
the Attorney General Chambers. Child Protective Services, which has constitutional authority to intervene where
child abuse or neglect is alleged, is in charge of child protection and abuse prevention. The Intake and Assessment
Unit, the Investigation Unit, and the Intervention Unit are all staffed by dedicated and well-trained experts.
Other Singapore Services of Child Protection and Children's Rights Promotion.
The Ministry of Social and Family Development plays a critical role in protecting children from violence and
neglect, as well as promoting their rights, thanks to crucial pieces of legislation. Many important governmental and
non-governmental organizations, on the other hand, assist in this vital activity. These organizations perform
specific tasks that contribute to the welfare and well-being of Singapore's children. Singapore's Infant and
Adolescent Mental Health Services provide children and adolescents with both hospital and community-based
mental health support and assessment. Public schooling, screening, rehabilitative, and preventive treatment was all
provided through the Programs. The Institute of Mental Health offers mental health evaluations and treatment to
4
Welfare of infant to be paramount consideration, The mother of an infant shall have the like powers of applying to the court in respect
of any matter affecting the infant as are possessed by the father.
Kirit P. Mehta School of Law Page 9 of 24
Rights of children: a global study
parents who have neglected their children or are at risk of doing so. The Women's Mental Wellness Program,
which is available at two major hospitals that offer both obstetric and gynecological and pediatric facilities,
focuses on the needs of women who are also the primary caregivers for their baby.
Nigeria
Article 4 (1) of the African Charter on the Rights and Welfare of Children1 states that "the best interests of the
child shall be primary consideration in all acts involving the child pursued by any individual or authority. "What is
the definition of a child? There is no concept of "a child" in the Constitution of the Federal Republic of Nigeria. A
child, according to Black's Law Dictionary, is an individual under the age of majority. When it comes to the
situation in Nigeria, child security has been non-existent for a long time. During colonial rule, the colonial master
did not place a high priority on the health of Nigerian children. The Children and Young Persons' Act (CYPA) was
promulgated by the Governor-in-Council in 1943 for application in any region of the Protectorate of Nigeria.
Other laws were enacted as a result of this. The Children and Young Persons Act (CYPA), which deals with the
prosecution of young offenders and is relevant law in Nigeria, was first passed as an Ordinance in 1943. It was
further amended with several pieces of legislation. It was intended to be a national statute, but provisions were
made for it to be adopted as provincial law, and then state law. As a result, by Order in Council No. 22 of 1946,
the legislation was applied to the Eastern and Western Regions of Nigeria. The Children and Young Persons' Law
(CYPL), Cap 21 of the Laws of Northern Nigeria 1963, was adopted for the then Northern Region in 1958.
The Child Right’s Act and Juvenile Justice System
The Child Rights Act of 2003 was essentially an effort to compile all legislation and topics relating to children into
a single legislative text. In terms of the juvenile justice system, the Act provides specific guidelines aimed at
safeguarding minors from the strict criminal justice system. No child shall be liable to the criminal justice system
or to criminal sanctions, according to the Child Rights Act, but a child claimed to have committed an act that
would be a criminal offence if he were an adult shall be subjected to the child justice system and procedures
outlined in the Act. This clause eliminates any sort of imprisonment for someone under the age of eighteen,
regardless of the seriousness of the offence committed by that child. Where the crime is of a substantial nature,
police prosecution and court adjudication should be seen as a last resort. Restriction of liberty is also a last resort
even though an infant is arrested and found guilty of an offence. When an infant is apprehended, the judge or
police, as the case might be, must consider the question of release as soon as possible. Detention before sentencing
can only be used as a last option and for the shortest amount of time possible.
Why the Child’s Rights Act still doesn’t apply throughout Nigeria
In 2003, Nigeria passed the Child's Rights Act, ratifying both the United Nations Convention on the Rights of the
Child and the African Charter on the Rights and Welfare of Children. Nigeria's constitution stipulates that in order
for an international treaty to take effect, the country's legislature must draught a national version. However, since
Nigeria is governed by a federal republic, the rule does not automatically apply to any of the country's 36 states.
Children's matters are the province of the constituent states, according to the constitution. The national legislation
must be made valid in each state's jurisdiction by the state legislature. Just 25 of Nigeria's 36 states have localized
the Child's Rights Act.
There are other reasons why the Child's Rights Act hasn't been implemented by all states in Nigeria, aside from
the country's federal system. Religion is at the top of the list, followed by racial and cultural diversity. Christianity
and Islam are the two most widely practiced religions in Nigeria, though traditional African religions are still
practiced by a large number of people. The Nigerian Supreme Council for Shariah5, as well as some northern
politicians, have described the Child's Rights Act as anti-culture, anti-tradition, and anti-religion. The concept of a
5
The Nigeria Supreme Council for Islamic Affairs (NSCIA) was established in 1973 at a national conference of Nigerian Muslim leaders
Kirit P. Mehta School of Law Page 10 of 24
Rights of children: a global study
child (a individual under the age of 18) as it relates to child marriage, especially for girls, is one of the contentious
issues. In certain parts of the north, child marriage is common. Children as young as ten or twelve years old are
betrothed or married off. Although the Child's Rights Act bans child betrothal and marriage, there are exceptions
to other operating rules.
The Nigerian government has ultimate responsibility for ensuring that the Child's Rights Convention and the
African Children's Charter are enforced in a uniform and cohesive way after ratifying them. In addition, the
government agreed to discourage religious, cultural, customary, or conventional activities that are in violation of
the Charter. The nation, on the other hand, is struggling to meet this responsibility on the most fundamental level.
Children, who are particularly insecure due to their physical and mental immaturity, suffer the brunt of inaction.
They are not afforded the full extent of the law's defense. And, in addition to the health and other effects of child
marriage, also children's schooling and overall wellbeing are negatively impacted.
INDIA
IPC8
S.83: Nothing is an offence committed by a person above the age of seven but under the age of twelve who has not
reached the capacity of knowledge to determine the significance and consequences of his actions on the particular
day. Sections 292 and 293 forbid the sale, distribution, publication, public display, or dissemination of obscene
materials such as books, magazines, illustrations, and paintings. Anyone who sells, rents, distributes, displays, or
circulates any other obscene item as described in Section 292, or offers or attempts to do so, will be punished more
harshly.
S.305: This provision punishes aiding and abetting the suicide of a minor under the age of eighteen. 3
downloads
S.317: Neglect or disclosure of a child for the reason of abandonment by either of the parents or an
individual responsible for the child's welfare is a criminal offence.
S.361: This section deals with the penalties for kidnapping a girl (male if below 16 years of age and female
if below 18 years of age).
S.363A: It has been mentioned that kidnapping or maiming children for the purpose of begging is a
criminal offence under this act.
S.366A: It is illegal to threaten or seduce a young girl under the age of 18 to engage in sexual intercourse
with another male.
S.366B: It is illegal to bring a girl under the age of 21 into India from a country outside of India or Jammu
and Kashmir with the intent of forcing or seducing her into sexual intercourse with another male.
8
The objective of this Act is to provide a general penal code for India. ... Though this Code consolidates the whole of the law on the
subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offences have
been created in addition to the code.
Kirit P. Mehta School of Law Page 12 of 24
Rights of children: a global study
POCSO
The Protection of Children from Sexual Crimes Act (POCSO) of 2012, as well as the laws enacted under it, create
statutory offences to shield children from sexual abuse, sexual harassment, and pornography, as well as special
courts to hear those cases. Via special courts, the Act aims to protect children's interests "at any level of the legal
process, by introducing child-friendly processes for filing, recording of evidence, prosecution, and speedy trial of
offences." Section 44 of the POCSO and Rule 6 of the POCSO Rules require the NCPCR to "control the Act's
compliance." Any individual, including the child, is required by Section 19 of the POCSO Act to disclose that an
offence is likely to be committed or has been committed. Failure to register is punishable under Section 21 of the
Act, with the exception that the child survivor is not prosecuted.
Particulars of act
A broad concept of penetrative sexual abuse that involves punishing a person for inserting his penis or
other substance into a child's vagina, throat, urethra, or anus, or forcing the child to do so.
The Act also provides penalties for misuse of power; whether any police officer, military officer, officer in
charge of security services, or civil servant is discovered practising penetrative sexual with a child while
performing state duties, they will face severe punishment.
Penetrative sexual harassment is rendered exhaustive because it encompasses any imaginable method of
commission, including having improper leverage over the victim from a relative in a place of confidence.
The Act broadens the definition of sexual assault, enhancing IPC Section 354[8] by including the
objectification of children for pornographic reasons and banning someone who threatens a child to expose
some aspect of his body.
The Act covers all forms of advertising, including print, electronic, screen, and all other equipment used to
prepare, produce, sell, send, post, or distribute pornographic content.
The possession of obscene content concerning an infant is also punishable under the Act.
Section 19[9] of the Act establishes a clear and transparent process for notification of offences, stating that
someone who suspects an offence is going to be committed should report it to the Special Juvenile Police
Unit or the local police. Furthermore, the clause makes it easier for the victim to be mindful of the contents
documented as being delivered by a translator or interpreter if the child is unable to comprehend them.
The Act requires the Special Juvenile Police Unit or municipal police to report the incident to the Child
Welfare Committee or the Special Court, or the Court of Session in its absence, so that the child can be
cared for and protected.
The media is also prohibited from making public anything that reveals the victim's identity, including his
name, location, portrait, family details, or any other details that may be used to offend the victim's privacy.
make a global demand against the worst forms of child labor. This grew into one of the most significant social
movements in support of neglected children in history. The marchers' demands, which included children and youth
(particularly survivors of forced labor, slavery, sexual harassment, illicit organ transplants, armed conflict, and
other forms of child labor), were expressed in the draught of the ILO Convention 182 on the Worst Forms of Child
Labor. The Convention was unanimously ratified at the ILO Conference in Geneva the next year.
The Children (Pledging of Labor) Act of 1933 makes it unlawful and void for a parent or guardian to pledge the
labor of a child under the age of 15 for any reward or gain other than fair salaries. It also punishes such a parent or
trustee, as well as those who hire a child whose labor has been promised.
Article 24 of the Fundamental Rights and Directive Principles of State Policy states that no child under the age of
14 years old shall be working in any factory or mine, or in any other dangerous occupation.
The Bonded Labour System (Abolition) Act of 1976 forbids an individual from being forced into bonded labor to
repay a debt. The act put a stop to that.
dhan (borrowed treasure), while boys marry and bring home a wife to serve their kin. Under these deeply
patriarchal practices, bearing sons is often the only way for a woman to climb above her inferior status (Manhoff,
2006). It is customary to bestow the blessing "may you be the mother of many sons" on new brides. The
preference for male children, which is as old as India, has resulted in severe sexism and prejudice against females,
as shown by the low and decreasing gender ratio, higher infant mortality rates for girls, early marriage age, and
low literacy rates.
Centre for enquiry into Health and Allied themes (CEHAT) Vs Union of India
The rising pattern of aborting female foetuses was observed with the introduction of pre-natal diagnostic
techniques that could ascertain the sex of a foetus. In order to combat female feticide, the Indian government
passed the PNDT11 Act in 1996. The state and federal governments, on the other hand, were not successfully
implementing the PNDT Act's provisions. The Centre for Enquiry into Health and Allied Topics lodged an appeal,
which resulted in the Supreme Court ordering the Central and State governments to promptly enforce the act's
rules, as well as prohibiting any advertising related to prenatal sex determination techniques. According to the
National Family Health Survey (NHFS), Uttar Pradesh is second only to Bihar among the major Indian states in
terms of malnutrition among children under the age of five. This helps to understand why children in Uttar Pradesh
have such a poor chance of surviving.
Female disadvantage is much more extreme in rural areas than in urban areas, according to the NFHS report. This
most likely indicates a gender imbalance and a disregard for the interests of female children. The downside of the
rural child can be seen in the fact that rural areas have higher infant and neonatal mortality rates than urban areas,
regardless of gender.
A case study on Uttar Pradesh
Female life expectancy in Uttar Pradesh is less than 55 years, and the under-five mortality rate12 is as high as 141
per thousand, according to government sources. Uttar Pradesh has the highest crude birth rate (32.9), the second
highest crude death rate (10.4), and the third highest crude child mortality rate among all major Indian states
(85.1). In reality, the child mortality rate in western Uttar Pradesh is higher than the state average at 96.7 per 1000
live. A girl born in Kerala can expect to live for 20 years longer than a girl born in Uttar Pradesh.
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, is the
main law for prosecuting people who engage in sex selective abortion. The following are examples of
offences covered by the Act:
In an unregistered unit, conducting, associating with, or assisting in the conduct of PND techniques/tests
Sex selection on a woman, a male, or both, as well as any organ, egg, conceptus fluid, or gametes resulting
from one or both.
Using the services of a person who is unqualified, whether on an honorary or paid basis.
Conducting a PND test for some purpose other than those mentioned in the Act as lawful.
The following parts of the Indian Penal Code, 1860, are also important.
When an individual is responsible for someone's death, it is called homicide (Section 299 and Section 300). cause
a pregnant woman to miscarry her unborn child on her own volition (Section 312). Act committed with the
purpose of preventing an infant from being born alive or causing it to die shortly after birth (Section 315). Causing
the death of a foetus in the womb (Section 316). Exposure and abandonment of an infant under the age of 12
(Section 317). concealing a child's birth by deliberately disposing of her or his body (Section 318). The penalties
for these offences range from two years to life in jail, as well as a fine or both.
11
Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 is an Act of the Parliament of India enacted to stop female foeticides
and arrest the declining sex ratio in India.
12
Mortality rate, or death rate, is a measure of the number of deaths in a particular population, scaled to the size of that population, per
unit of time.
Kirit P. Mehta School of Law Page 15 of 24
Rights of children: a global study
Child mortality
With an infant mortality rate of 63 deaths per 1000 births, India is responsible for 25% of all child deaths
worldwide. Fifty percent of these deaths may have been avoided (UNICEF13, 2008 b). In comparison to most other
nations, where infant and child mortality continues to be higher than male mortality for children aged 1-4 years,
female mortality in India continues to be higher than male mortality for children aged 1-4 years; it is 61 percent
higher for girls at 23 per thousand, compared to 14 per thousand for boys (NFHS -3, 2006). It's worth noting that
family income has an effect on mortality rates, since there is no gender difference in infant and child mortality
rates among the richest families. So, though more boys than girls are born into wealthy households, more girls than
boys die in disadvantaged families (NFHS-3, 2006), implying that when poor parents are forced to choose, they
prefer to invest in their son's wellbeing, diet, and education over their daughter's (NFHS-3, 2006).. This is
particularly important for girls who are the second or third child (Bhan, 2001).
Child marriage
Child marriage is still prevalent in India, with one in every four girls marrying before the age of 15. (NFHS-3,
2006). The median age of marriage for girls has remained relatively constant over the last decade, at 16.1 for the
NFHS-1 (1992-93), 16.4 for the NFHS-2 (1998-99), and 16.8 for the NFHS-3, although the higher age of marriage
for boys (22.7) has also remained relatively constant. Despite national laws barring child marriage, it is still the
tradition in many states, and mass weddings of children in public functions, such as Akha Teej in Rajasthan, are
still held in the presence of public officials (IACR, 2004;Law Commission of India, 2008).
The Prohibition of Child Marriage Act of 200614 aims to discourage child marriages by imposing harsher penalties
such as two years of jail and/or a fine of INR 1 lakh. A child is described as a male under the age of 21 and a
female under the age of 18. According to the Majority Act, a minor is someone who has not reached the age of
majority. There are arrangements for the girl child's upkeep. If the husband is a major, he is responsible for paying
the upkeep. If the husband is a minor, the upkeep must be paid by his guardians.
13
UNICEF, also United Nations Children’s Fund, is a United Nations agency responsible for providing humanitarian and developmental
aid to children worldwide
14
An Act to provide for the prohibition of solemnisation of child marriages and for matters connected therewith or incidental thereto.
Kirit P. Mehta School of Law Page 16 of 24
Rights of children: a global study
RTE ACT
The passage of the RTE Act in 2009 was a watershed moment for India's children. Through the support of the
legislature, families, city governments, and neighborhoods, this Act acts as a foundation to ensure that every child
has the right to a proper elementary education. The following are the most critical aspects of the RTE Act, 2009:
To offer free and compulsory education to all Indian children between the ages of 6 and 14. After the end of
elementary school, no child shall be put back, suspended, or expected to pass a board test… and many more but
Looking at the age requirements of the RTE Act, which only requires children aged 6 to 14 years to benefit from
the same privileges that India has signed the United Nations Charter on, but not children aged 0 to 18. Second, the
Act only addresses about 25% of seats for reservation in private/public unaided schools for less fortunate children
in the "Reservation" policy. As a result, there would be a significant disparity in the expense of tuition for each
child and the government's refund, raising the issue of the deficit part. After the Act's implementation in 2010,
there has been a failure to follow the distance requirements, as well as a problem in obtaining essential certificates
from government officials due to a lack of public knowledge and a lack of response from them. Fourth, according
to the Act, a child should be transferred to a class based on his or her age, which is a positive step since lost years
of school will be avoided, but no bridge course is recommended to help the child transition to the enrolled class.
Another flaw in this Act is that it makes no allowance for providing education to children with disabilities, or more
specifically for children with special needs (CWSN). There are no consistent reductions in higher levels for
CWSN in education. It can also be remembered that the RTE Act 2009 has no specific provisions for government
officials who refuse to carry out their responsibilities. Most state governments prefer to avoid large-scale
initiatives in order to rely solely on federal aid, which arrives at unpredictable intervals. Finally, the RTE Act of
2009 fails to provide children with a satisfactory education. This Act, along with other government programs, has
successfully attracted children to schools, but providing them with an education remains a distant hope.
UNNIKRISHNAN vs. State of Andhra Pradesh15:-
The right to education up to the age of fourteen has been elevated to the status of a constitutional right by the
Supreme Court's decision in Unni Krishnan v.State of A.P.33. The court determined that under Article 21, the right
to education derives directly from the right to life. The Constitution (86th) Amendment Act of 2002 adds a new
Article 21 A to the Constitution, making education a constitutional right for all children aged six to fourteen. The
state's duty to offer education to children above the age of fourteen years will also be contingent on the state's
economic potential and growth.
BANDHUA MUKTI MORCHA VS UNION OF INDIA-: The Supreme Court has ruled that, while slavery of
children should be gradually phased out, alternative alternatives for children should be created, such as schooling,
health care, nutritious food, housing, and alternative means of resource with self-respect and dignity.
15
1993 AIR 2178, 1993 SCR (1) 594. Bench: Sharma
16
Survival sex is a form of prostitution engaged in by a person because of their extreme need.
Kirit P. Mehta School of Law Page 17 of 24
Rights of children: a global study
minor under the age of 18 for the purpose of sex or sexual activity with another person, or for some other improper
or unethical purpose.
Ragging17
There are a number of rules in place to combat the threat of ragging. Despite this, the dilemma continues to exist.
In college, it has become the new standard. Ragging is a form of "structured bullying" that has been passed down
from one batch to the next. Senior students, both intellectually and physically, have a sense of authority and
control over the freshmen. Under the majority of cases, the college administration is either unaware of or
unresponsive to the allegations.
A 15-year-old Delhi Public School Noida student was hospitalized after being beaten up by 17 seniors with sticks
and metal poles. His seniors reportedly harassed him, forcing him to strip and sit on the cement. The student was
attacked by a couple of seniors when he returned to the hostel after dinner, and they retaliated after he complained
to the school authorities.
17
Ragging involves abuse, humiliation, or harassment of new entrants or junior students by the senior students. It often takes a malignant
form wherein the newcomers may be subjected to psychological or physical torture.
Kirit P. Mehta School of Law Page 18 of 24
Rights of children: a global study
The National Crime Reporting Bureau (NCRB) compiles and reports national crime statistics, such as crime in
India, accidental deaths and suicides, and prison statistics. Policymakers, police, criminologists, scholars, and the
media in India and abroad use these journals as a primary source of information. The Government of India has
given NCRB a Silver award in the Open Data Championship division of the Digital India Awards 2016 for
publishing Crime Statistics since 1953 on the Govt. Portal.
Crimes against children rose by 4.5 percent in 2019 compared to 2018, according to the National Crime Record
Bureau's "Crime in India" 2019 survey, which was released on Tuesday, September 29. According to the survey,
the number of cases registered under the POCSO Act increased by 18.9%. Meanwhile, the NCRB reported that
while 25,934 of the 26,192 rape cases filed under the POCSO Act involved children, 258 involved boys. With
7,444 cases under the POCSO Act, Uttar Pradesh registered the most crimes against girl girls. Maharashtra, with
6,402 cases, and MP, with 6,053 cases, came in second and last, respectively. Meanwhile, Mumbai, which has a
population of over two million people, has the most cases of children being used in pornography, with 14,
followed by Maharashtra, which has 18 cases.
18
18
Statistics taken from ncrb report 2019
Kirit P. Mehta School of Law Page 19 of 24
Rights of children: a global study
19
CRY NGO
CRY - Child Rights and You is an Indian non-governmental organization dedicated to ensuring that all children
have happier childhoods. CRY works with parents, teachers, Anganwadi staff, families, district and state
governments, as well as the children themselves, to meet the basic needs of children. The group works on
transforming behavior and practices at the grassroots level, as well as shaping public policy at the institutional
level, in order to create an environment in which children are prioritized by the nation.
Child rights issues acc to cry
Children make up 40% of India's population, with 472 million. Despite this, just 3.16 percent of the Union Budget
for 2020 was set aside for their growth and healthcare. In particular, the National Plan of Action for Children
proposes allocating 5% of the country's GDP to children, despite the fact that India's GDP has remained static at
0.43 percent for the past two years. As a result, India's children face some of the world's most dreadful conditions.
Between the ages of 6 and 18, an estimated 46 million children do not attend kindergarten (RGI Census Population
Projection 2016 and UDISE 2016-17) Instead of going to school, 33 million children serve (Census 2011) India
has one out of every three child brides in the country (Unicef 2014) Malnutrition kills two out of every three
children under the age of five (Unicef 2019) 7.4 million children are unvaccinated, the largest number in the
country (Unicef) Between 2008 and 2018, there was a 500 percent rise in violence against girls (NCRB 2018).
Both children have basic rights, according to the United Nations Convention on the Rights of the Child (UNCRC),
which India ratified in 1992. These rights must be acknowledged by governments and people alike. With this in
mind, CRY focuses on four main areas:
Education is really important (Right To Development)
Nutrition & Health (Right To Survival)
19
Statistics taken from ncrb report 2019
Kirit P. Mehta School of Law Page 20 of 24
Rights of children: a global study
Movies..
Udaan: The film tells the story of thousands of Indian middle-class-youth who yearn to break free and pursue their
dreams with zeal. In the year 2010, the film was chosen to participate in the UN Regard Film Festival. It was the
first Indian film to be chosen for the Cannes Film Festival.
Anjali: A wonderful story about a two-year-old mentally ill girl who has been separated from her mum. Mani
Ratnam directed the film, which tells the story of a couple who has a third child who is mentally ill. She is on the
brink of death, and the film depicts how her family copes with this unwelcomed trauma.
Bum bum bole: Bum bum bole is an official adaptation of the famous award -winning Iranian film ‘Children Of
Heavens’. This is the story of a 12-year-old who was forced to grow up before his time because of the severe bad
time of his family.
Findings
Singapore:
The laws are good and the implication of these laws is very systematic.
The focus is more upon the social development of children.
The government is strict with the laws and very supportive when it comes to children of the country.
Nigeria
No proper set of rules, few rules are there and they also are not implicated throughout the country.
No focus is towards a child’s social development. Something that makes the situation worse is that many
unnecessary practices like child marriages are prevalent.
Suggestions
Over a short time span, Singapore has made tremendous and remarkable progress in the area of child protection
and the promotion of children’s rights. It has been largely achieved through the grit, commitment and dedication of
the government and various professionals who believe that a child has the right not only to survive, but also to
thrive and develop in a nurturing and caring environment free of abuse. Despite the remarkable achievements in
the area of child protection, Singapore is constantly striving to do better. One area to further develop will be in the
arena of child abuse preventive work at the primary level and raising greater public awareness of family violence
and the developmental needs of children and their rights. Similarly, India and Nigeria should revise their laws and
loopholes in those laws. there are many changes that can make life of children better in India and Nigeria which
includes better laws relating to marriages of children and application of child rights act in every part of Nigeria.
India, there is a need to find and shut the loopholes in already existing laws, also the application of the already
existing rules should be made more stringent, as far as no. of laws relating to different crimes against children are
taken in consideration, there is a need for new laws in Nigeria but not in India. Also, both the country lack the
general rules relating to social development of a child which is a matter of concern. Corporal and restorative
punishments: in the case of children, countries should do away with the corporal punishments and adopt the
measure of restorative punishments.
Conclusion
It was in the struggle for freedom that the Indians united in a common cause and found the power of universal
nonviolent protests in the form of a group (soul truth or power). Today, the Indian economy is booming and India
is struggling to take a prominent place in the global economy. However, most Indian children struggle to survive.
There are laws that protect and ensure their survival and development, and programs that ensure children's rights.
What is missing is an effective framework for implementing and monitoring existing laws. As long as children are
considered less valuable than adults, girls are less valuable than boys, and people who are "pure" more than others
face challenges and change, there is little you can do to reduce the great inequality. Most people do. Indians do.
Face. child. There is no doubt that great progress has been made in improving the status of children's rights in
India in recent years, but the ongoing exclusion of children's groups is limiting access to their rights. As mentioned
by Nutbrown and Clough (2009), “decrease” exclusion is needed to “increase” participation. This increase is partly
due to the growing interest in children's rights at the national and international level and partly due to the desire to
achieve the Millennium Development Goals. However, these changes occur within the framework of changing and
transforming harmful traditional beliefs and practices, so care should be taken when assessing the long-term
effects of these changes. Children require a safe and nurturing environment to grow and develop optimally into
adulthood. A stable, safe and conducive family is the source of nurture, comfort and guidance for the child.
However, when a child’s safety in a dysfunctional family environment is threatened, interventions are needed to
ensure his safety and well-being. In Singapore, the government ensures that all children and youth are provided
with good healthcare, quality education and a safe environment set within strong, stable and supportive families.
However Nigeria depicts the worst condition
PERSONAL TAKEAWAY
This research project made me think about something that I never realized was so important. Many of us being
from a higher middle-class family don’t face what children from poor family face. Its very disheartening to know
that there are various children in this world who are denied childhood and despite having specific laws things are
getting worse. The society specifically our Indian society is still negligent about these problems. The facts I came
across while researching made me empathetic. Being a law-student I will surely learn a lesson and try to improve
the situation and laws in society for better.
BIBLIOGRAPHY
BOOK
1. Asha Bajpai, Child Rights in India: Law, Policy, and Practice 28-117 (3rd ed.).
2. Dr. Savita Bhakhry, CHILDREN IN INDIA AND THEIR RIGHTS 9-61 (1st ed. 2006).
3. The Child Rights Manual, nigeria 32-37 (1st ed. 2013).
WEBLIOGRAPHY
CONSTITUTION
1. Ind. Const.
2. Nigeria Const.
3. Singapore Const.
STATUTE:
1. Ind. Const. Indian penal code.
2. JUVENILE JUSTICE ACT 2015
3. POCSO (2012).
4. RIGHT TO EDUCATION 2005
WEBSITE
1. Asian Center for Human Rights (2003). The status of children in India: An alternate report to the United
Nations Committee on the Rights of the Child on India’s first periodic report. (CRC/C/93/Add.5). New
Delhi, India.
2. Bahuguna, N.J (2007). Child reporters take up social issues in Rajasthan villages.UNICEF India.
Retrieved from: http://www.unicef.org/india/children_3811.htm
3. Bhakry, S. (2006). Children in India and their rights. National Human Rights Commission. New
Delhi: India.
4. Bhan, G. (2001). India Gender Profile. Report No. 62. Brighton, UK: Institute of Development
Studies, University of Sussex.
5. Cantwell, N. (2007). Words that speak volumes: A short history of the drafting of the CRC. In 18
Candles: The Convention on the Rights of the Child Reaches Majority (21-30). Switzerland: Institut
international des droits de l’enfant.
6. Child Line India Foundation (2010). Child Line 1098 Service. Delhi, India. Retrieved from:
http://www.childlineindia.org.in/
7. Child Rights Information Network (2010). London, United Kingdom. Retrieved on April 1, 2010
from: http://www.crin.org
8. Ministry of Community Development, Youth and Sports, (2002). National Standards for the Protection
of Children. Singapore: Author.
9. Ministry of Community Development, Youth and Sports. Singapore (2005). Protecting Children in
Singapore. Singapore: Author.
10. Ministry of Education. (2008). Helping students who are at-risk of dropping-out stay in school.
Singapore: Author. Retrieved from http://www.moe.gov.sg/media/press/2008/03/helping-studentswho-
are-atris.php
11. Ministry of Social and Family Development, Singapore (2012). Singapore: Author. Retrieved from
http://app.msf.gov.sg/
12. Singapore Children’s Society. (2005). Protection of Children in Singapore: An Overview. Singapore:
Author.
13. Singapore Department of Statistics (2013). Yearbook of Statistics, Singapore. Singapore: Author.
Retrieved from http://singstat.gov. sg/statistics/latest_data.html