Child Rights

 

Right to equality

Article 14 of the Constitution of India states that every person is equal before the law and has equal protection of the laws. Thus, this right is applicable to children of India, as well, because, they too, are the citizens of this nation. 

Right against discrimination

Article 15 of the Constitution talks about the prohibition of discrimination based on race, caste, etc. Under Article 15(1), no citizen shall be discriminated against based on his religion, race, caste, sex, place of birth or any of them. Further, Article 15(3) states that the State shall not be prevented from making any special provisions for women and children. 

Right to freedom of expression

Article 19(1)(a) has conferred a right to freedom of speech and expression to each and every citizen of India. This right is applicable to everyone, including the children of India. Children have the liberty of expression as long as their opinions and knowledge do not harm others.

Right to life

According to Article 21 of the Constitution of India, every person has the right to life, liberty and security. It also states that no individual must be deprived of his life or personal liberty unless according to procedure established by law. Similarly, every child in India has the right to personal liberty and due process of law. 

Right to health

Under Article 21 of the Constitution of India, although indirectly, every child has the right to lead a healthy life. Issues like HIV infections, lack of safe drinking water, adequate sanitation, malnutrition, inter alia, come under the protection of life. 

Right to education

Under Article 21A of the Constitution of India, every child in the age group of 6-14 has the right to free and compulsory elementary education. Moreover, Article 45 states that the State shall strive to provide early childhood care and education for all children under the age of six years. 

Right to being protected from trafficking and forced into labour

Article 23 of the Constitution of India states that every person (including children) has the right to be protected from trafficking, begging and other similar forms of bonded labour.

Right to be protected from hazardous employment

Under Article 24 of the Constitution of India, every child below the age of 14 has the right to be protected from employment in factories or mines or be engaged in any other precarious employment conditions. 

Right to be protected against abuse

Article 39(e) of the Constitution of India states that the health and strength of workers and the young age of children are not violated, and that, there is a right to be protected from being abused and not forced by economic necessity to enter avocations or minor occupations that do not suit their age or energy.

Right to equal opportunities and facilities

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. 

Rights against social injustice and all forms of exploitation

Article 46 of the Constitution discusses the rights of the weaker sections of the society and that they should be safeguarded from social injustice and all forms of exploitation. 

Right to Identity 

Another important factor for child rights is their right to identity and registration. Only 41% of births in India are registered. Having an identity is a fundamental human right that gives an individual the liberty to enjoy all of their other rights. Identity consists of a family name, surname, date of birth, gender and nationality of the individual. By identification of such identities, an individual will hold rights and obligations specific to their status (woman, man, child, etc). 

Types of offences against children

Human beings are capable of doing marvellous things. We have rewritten the meaning of what is possible a hundred thousand times, and yet, we continue to leave lakhs of children behind. We have been accepting this loss of human potential as ‘normal’. From lack of education to protection from exploitation to child labour, the basic rights of millions of children are held back or violated. 

Since we now know the basic rights of a child, let us learn about the types of transgressions against children that are violations of child rights. Here are some of the many offences against children that violate children’s rights:

Child marriage

Child marriage denies children their basic rights. Many a time, children who are subjected to this offence have to drop out of school, thus, denying their basic right to education bestowed under Article 21 and Article 45 of the Constitution.  

Moreover, they are also exposed to violence (sexual, physical and emotional), thus denying their right to personal liberty which is also vested under Article 21 of the Constitution of India. Child marriage leads to experiences that their young minds and bodies are not prepared for, say for example- motherhood

Cruelty 

Any person who is in charge or has control over a child- assaults, abandons, abuses, exposes or willfully neglects the child or creates circumstances where the child undergoes any of the aforementioned treatments will be termed to have subjected the child to cruelty. This act is punishable under Section 75 of the Juvenile Justice Act and is a violation of Article 21 (right to life and liberty) of the Constitution.  

Intoxicating a child

Giving a child intoxicating liquor or narcotic drug or tobacco or any psychotropic substance, not only orally, but also for inhaling or smoking or by using an injection, etc is an offence. Performing such an act will attract a penalty under Section 77 of the Juvenile Justice Act and is also a violation of Article 19(1)(a) which discusses freedom of speech and expression and Article 21 which discusses the right to life and personal liberty in the Constitution.

Using a child for supplying or smuggling intoxicating substances

Any person who uses a child for vending, peddling,  transporting, delivering or smuggling any intoxicating liquor,   narcotic drug or psychotropic substance is said to have committed an offence under Section 78 of the Juvenile Justice Act. Even in this case, Article 21 is violated. 

Selling or procuring a child

Under Section 81 of the Juvenile Justice Act,  any person who sells or buys a child for any purpose has committed an offence. 

Kidnapping and Abduction of a child 

Children after being kidnapped are sold through human trafficking rackets and used for several purposes, some of them are:

1.     prostitution,

2.     begging,

3.     house helpers, etc. 

This act is punishable under Section 84 of the Juvenile Justice Act. A note must be taken that this Section must be read and understood in the light of the Indian Penal Code provisions from 359-369. 

Child soldiers 

Any non-State, self-styled militant group or outfit declared by the Central Government, if recruits or uses any child for any purpose is liable to punishment under Section 83 of the Juvenile Justice Act. The object of this section is to protect the child from being used by the militant group or by any individual or organisation for any unlawful activities.

Female Genital Mutilation (FGM)

Female Genital Mutilation (FGM) is defined as the technique pertaining to partial or total removal of the female external genitalia or causing other injuries to the female genital organ for non-medical reasons. 

The practise of FGM is typically upheld by deeply ingrained social norms. This is a violation of a child’s right to health (Article 21) and is also an infringement of a child’s right to be free from violence, cruel, inhuman and degrading treatment. 

Information Technology Act, 2000

The Information (IT) Act, 2000 contains sufficient provisions for combating the prevailing cyber crimes. In particular, Section 67B of the Act specifically provides for strict penalties for publishing, browsing or transmitting child pornography electronically. 

In addition, Section 79 of the IT Act and the Information Technology (Intermediary Guidelines) Rules, 2000 require that the intermediaries shall observe due diligence while discharging duties and shall inform the users of computers resources to act accordingly.