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C HALLENGES TO CHILDREN’S RIGHT TODAY

Paper Title:
Child Rights : Contemporary & Emerging Issues

Study Prepared By:

Sakina M Kanchwala
K.C.LAW COLLEGE
98196224147
FYLLB – D
Roll No. 223
Email:sakina_k2004@yahoo.com

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Contents

SUMMARY________________________________________________________3____
INTRODUCTION with Indian & International Laws_____________________5____
CHALLENGES OF THE RESEARCH & CASE LAWS__________________ 7____
CONCLUSION & Analysis __________________________________________ 8____
BIBLIOGRAPHY_________________________________________________ 8 ___

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3SUMMARY

This report aims to establish the most important rights issues for Children in India
based on available research. It is intended that children should be aware of their
Rights through Interactive Programs at regular intervals organized by the authorized
body at National and State Level for improving their enjoyment of those Rights.
Violence: Children are experiencing high level of violence in the home and elsewhere
they should be believed and supported when they report it.
Child-friendly justice: Children should be given more information on their their
rights in the justice system, authorities must seek ways to help children to trust those
working in the system.
Child participation: Children should have a say in the key decisions that affect their
lives, they face a range of obstacles in this regard, such as over complex procedures
and adult in difference.
Children in care: Being heard is of huge importance to children in care, but they are
not actually listened to.
Discrimination: Children are discriminated on various grounds, and can therefore
suffer “double discrimination”, that is they are discriminated against not only on the
basis of their age but also for other reasons. It should be tackled through awareness-
raising and legislation.
Education: Children should be given more opportunities to participate at school and
on decisions concerning their education. Children from disadvantaged groups are
especially concerned about education and require special measures to facilitate their
participation. Bullying at school is an issue of huge concern to many children. It could
be tackled better through more opportunities to discuss it.
Child poverty and austerity: Children threat about their current economic climate
and the impact it may have on their own financial situation and that of their families.
Right Identity: A child right for identity and registration is uttermost important.
India suffers from one of the highest non-registration rates for children in the world.
Only 41% of births are registered. This leads to serious difficulties for these people

1. Survey done at Slums of Mankhurd and NGO at Byculla with the Children Age Group 10 years
to 15 years.
2. I spoke to children from different background and the most disturbed kids found are the kids
who were left abandoned by the Separated/Divorced Parents and Disabled Kids.
4because they cannot benefit from child-sensitive social protection services and
programmes, as such are in visible in the eyes of society.
Child labour: In the last years, India has put efforts in programs to fight against
child labour. Major factors which contribute to this problem are the lack of food, high
poverty, as well as social and economic circumstances. Other contributing factors
include the lack of awareness about the harmful effects of child labour, as well as the
lack of access to basic and meaningful quality education and skills training.
India has one of the youngest populations in the world, yet more than 42.7 million
children are out of school.
Child Abuse: Child sexual abuse is a dark reality that is highly prevalent in India and
adversely impacts the health and wellbeing of children. Statistics show that every 15
minutes one child is sexually abused.
The lack of proper family support, family and personal history of mental health
pathologies, and family exposures to sexual images were some of the potential risk
factors.
Child Marriage: In India, there was a decline in the percentages of girls
getting married under the age of 16 as well as below 18 over the 20-year period 1992–
2012. In addition, the mean age at marriage is 16.6 years old. There is some evidence
from that child labour may in itself increase the risk of child marriage. Furthermore,
girls who married as children were less likely to have been enrolled in secondary
school.
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.
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.

3. Who is a Child?
The age of Child varies as per the definition given in the concerned Acts and Sections but
age of Child has been defined to be below 18 years as per Juvenile Act, 2000.
5INTRODUCTION

The Hon'ble Supreme Court in Sheela Barse and another v. Union of India, has
declared that a child is a national asset. In Indian scenario a child requires proper
care, love, affection and nourishment but experience shows that the children are
subjected to maltreatment in some situations. A child is treated with cruelty when a
rejected rather abandoned child by the parents takes a job in a factory, hotel, small
scale industry and other roadside commercial establishment only for his own
maintenance. Therefore, it is true that the state of children is not as rosy as painted.

Article 39(f) of the Constitution of India states that children must be provided with
just opportunities and facilities to progress in a healthy way and conditions of liberty
and dignity. Also, children and youngsters are given protection against ill-treatment
and moral and material abandonment. Besides, Children also have rights as equal
citizens of India, just as any other adult male or female: Right to equality (Article 14)
Right against discrimination (Article 15) Right to personal liberty and due process of
law (Article 21).

The core child protection legislation for children is enshrined in four main laws: The
Juvenile Justice (Care and Protection) Act (2000, amended in 2015); The Prohibition
of Child Marriage Act (2006); The Protection of Children from Sexual Offences Act
(2012), and The Child Labour (Prohibition and Regulation) Act (1986).

The United Nations Convention on the Rights of the Child (CRC) is the most
comprehensive treaty on the rights of the child, and defines children in Article 1 as
"every human being below the age of eighteen years, unless under the law applicable
to the child, majority is attained earlier.

The CRC focuses on four aspects of children's rights: (1) participation by children in
decisions affecting them; (2) protection of children against discrimination, neglect
and exploitation; (3) prevention of harm to children; and (4) provision for children's
basic needs.
6Areas of special concern with respect to the rights of children include: (1) the right
to freedom from sexual exploitation, (2) child labor, (3) children in armed conflict, (4)
education, and (5) children within the context of criminal law.

Why Human Rights Education is important to Children ?

1. Because it’s their right! Article 42 of the Convention on the Rights of the Child
stipulates that children have the right to know their rights.
2. To increase respect for human rights: Knowing about your rights is the first step
in promoting greater respect for human rights.
3. Because human rights values are universally recognized: Adults who work with
children are constantly faced with the task of trying to determine which behaviours
are acceptable and which are not acceptable. Making these types of decisions often
involves relying on personal experiences or values. Human rights education provides
a clear framework for evaluating when and how to intervene by referring to the
universally recognized values that stem directly from the Universal Declaration of
Human Rights.
4. To encourage the development of self-esteem and active participation: Once
children become aware of their rights, they begin to recognize their own importance
as human beings. They also start to realize that what they live, think and feel has
value and that they can make a positive contribution to the life of the group, of their
family, their school, and their community. Learning about rights encourages children
to become more actively involved.
5. To reinforce positive behaviours: Human rights education is one of the most
effective ways of encouraging positive behaviour because it involves both critical
reflection and a strengthening of the child’s sense of responsibility. Human rights
education encourages children to reflect on how they interact with others and on how
they can change their behaviour to better reflect human rights values.

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7Challenges of the research

It is a challenges task to provide a broad overview of the views of children in india on

there right in a short study. Children are as varied and heterogeneous group as adults.

Case laws

The Supreme Court of India has been instrumental in the development of child rights
jurisprudence in India. The Supreme Court has given landmark judgments in the
field of child rights. Some of the important judgments are:

In the case of Bandhua Mukti Morcha v. Union of India, the Supreme Court held that
the right to live with dignity is a fundamental right under Article 21 of the
Constitution of India.

In the case of Laxmi Kant Pandey v. Union of India, the Supreme Court held that the
right to life includes the right to live with human dignity and all that goes along with
it, namely, the bare necessities of life such as adequate nutrition, clothing and shelter
over the head and facilities.

In the case of Bachpan Bachao Andolan vs Union Of India & Ors on 18 April, 2011.
This petition has been filed in public interest under Article 32 of the Constitution in
the wake of serious violations and abuse of Children who are forcefully detained in
circuses, in many instances, without any access to their families under extreme
inhuman conditions. There are instances of sexual abuse on a daily basis, physical
abuse as well as emotional abuse. The children are deprived of basic human needs of
food and water. In this respect, it is directed by the court that: a) Prohibition of
Children employment within 2 months from today. b) The rescued children should
be kept in the Care and Protective Homes till they attain the age of 18 years. c) The
parents were also directed to take their children back to their homes after proper
verification. d)Secretary of Ministry of Human Resource Development, Department
of Women and Child Development was directed to file a comprehensive affidavit of
compliance within ten weeks.

4. Proper Scheme of Rehabilitation should be enforced not only for children rescued from circuses
but also to all kids under different stress conditions.
8CONCLUSION

I conclude hereby that government should initiate with several below mentioned
programs to protect and promote Child Rights.
1. Start a scheme "Sponsor a child" and get sponsor ship from Individuals, business
man, politician, Cinema field etc. Give the sponsors some tax benefit to encourage
sponsorship.
2. More child help line telephone numbers should be in place and popularise those by
means of advertisements campaigns.
3. Minimum Rs.1/- Project: Collect a minimum of Rs.1/- from every Indian (Close to
100 crores can be collected) and use it for poor child development - (Keep Hundi in
Government Banks to collect this)
4. Strict Law to be amended on TV Channels which telecast and encourages violence,
sex and vulgar programs.
5. Celebrate Pandit Jawaharlal Nehru's birthday as "Children’s Rights Day" rather
than children’s day alone.
6. Release a postal cover / post card with campaigning information on Child Rights.
7. Special police stations for protecting "Child" (Like Women police stations).
Analysis________________________________________________________________
It has been analysed by the survey at the Slums and nearby NGO that though government
is taking many initiative, one of it is reservation of seats in colleges and government
offices for the certain section of society, students who get admission on priority of their
caste are unable to compete with the fluency in ENGLISH Language at the Higher
Education Level in colleges nor can they excel in their job as they are from vulnerable
class and are deprived of good standard of education at school level due to lack of
Finance and parent support. Rights of a Child is hampered at every stage of the children
belonging to the weaker section. Beginning with the Right of Identity to Right to
Information, many such rights are waived off.
BIBLIOGRAPHY
https://rm.coe.int/
https://www.humanium.org/,
https://www.haqcrc.org/,
https://www.legalserviceindia.com , K.C. Law library reference book