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The term "children's rights" refers to a child's human rights, which emphasize the importance of providing minors with extra protection and care. In order to disguise the ways in which adults mistreat and exploit children, several government regulations have been implemented. This has resulted in a degradation of children's moral character, which in turn causes poverty, a lack of education, or even education denial for children
Who is a “CHILD”?
According to the 1989 Convention on the Rights of the Child (CRC), a child is any individual who is less than the age of eighteen, unless the child is covered by a law that requires reaching majority earlier. Children in India are those who are under the age of fourteen, according to both the Constitution and the Census of India. According to the Children Act, a kid is someone who has not turned 16 or 18 years old, depending on if they are a boy or a girl.
Different Children's Rights
Children enjoy the same rights as adults since the Universal Declaration of Human Rights assurances such rights to all people, regardless of age.
These are the rights of children that are stated in India's 1992 ratification of the UN Convention on the rights of the Child.
The Right to Survive − The right to life, an acceptable quality of health, nutrition, and subsistence are all included in the convention's definition of the right to survival. A name and nationality are also included in this.
The Privilege of Protection − This right includes being free from all types of exploitation, abuse, and cruel or humiliating treatment, according to the Convention. This covers the right to extra security during emergencies and armed conflict.
Developmental Rights − This right includes the ability to access social security, support for early childhood development, and education. It also covers the right to leisure, entertainment, and cultural pursuits.
Freedom Of Expression and Thought − In accordance with the Convention, the right to participation grants the child access to relevant information as well as the freedom of morality and religion.
Indian Constitutional Provisions That Defend Children's Rights
The constitution's numerous sections guarantee children's rights and protection.
Article 14– Right to Equality
On Indian soil, the state is not allowed to deny anyone's right to equal protection under the law or equality before the law. Children and other citizens of India must get equal protection under the law and must not be subject to any discrimination or arbitrary rulings.
Article 21(a)- Right to Education
which establishes free and necessary education for all children among the ages of six and fourteen as a basic right, was added to the Constitution by the Constitution (Eighty-sixth Amendment) Act of 2002.
Article 24- Exclusion of Employment of Children in Factories
Children under the age of fourteen are not permitted to work in mines, factories, or in any other dangerous jobs.
The State's Directive Principles for Children
The Directive Principles of state policies contain numerous provisions that outline the state's responsibilities for defending children's rights.
Article 39(a) & (f) − ensure that the state's policies are focused on protecting children while they are still young.
Article 39(e) − argues against forcing people of both sexes to engage in employment that is not appropriate for their age or strength due to financial necessity.
Article 45 − According to the law, the state must make every effort to provide all children with early care and education up until the age of six.
Article 51-A − According to the law, it is the parent's or guardian's primary responsibility to give their child or ward, who is between the ages of six and fourteen, chances for education.
Other Laws in India that Protect Children’s Right
These are −
Indian Penal Code 1860
Section 82 − Nothing committed by a child under the age of seven constitutes an offense under this.
Section 83 − Nothing a child does between the ages of seven and twelve is a crime.
Section 305 − Anyone who aids a minor in committing suicide or encourages them to do so will be held accountable for their actions and will face legal repercussions.
Section 315 − it is a reference to infanticide, a crime against minors under the Indian Criminal Code. An infant's murder is punishable under this section of the Indian Criminal Code.
Section 316 − Anyone responsible for the negligent homicide of an unborn child who dies suddenly must be held accountable.
Section 317 − It mentions parental exposure to outside influences and the abandonment of a child under the age of twelve. A father or mother who exposes or abandons a child under the age of 12 shall be held accountable.
Section 369 − A child under the age of ten who is abducted with the aim of stealing from them will face punishment, according to the law.
Section 366A − Outlines the penalty for the procreation of young girls (for inducement to force, seduce, or engage in illicit intercourse). To guarantee that Indian girls are protected, this section outlines the steps that will be taken to combat the aforementioned crime.
Section 372 and 373 − the penalty for procuring a person under the age of eighteen at any age who is engaged or utilized for prostitution, illicit sexual activity with another person, or for any other illegal reason.
Governmental Obligation to Upholding Protected Rights
The construction of a safe environment for its children depends on the government's dedication to and importance given to child safety.
Among the measures the Indian government has taken to ensure that children are protected from harm in accordance with the law −
Ratification of the Optional Protocols
The Children 1098 service, signing and ratifying the United Nations Resolution on the Rights of the Child and collaborating with the Integrated Program for Street Children,
Juvenile Justice (Care and Protection) Act, 2000.
The National Policy for Children, 1974
Study on Child Abuse 2007
As kids get older, they develop various skills and levels of maturity. Even though they are 15 or 16, this does not imply that they don't need to be protected. For instance, children in our nation are forced to get married and start working before they turn 18. Yet, just because the community thinks they are more mature shouldn't mean they get less protection. In order to give children, the finest possible start in life as they embark on their road toward adulthood, they must have the best protection, chances, and assistance.
Frequently Asked Questions
Q1. What is project SPEAK?
Ans. Low-income children in the counties of Orange and Sullivan are served through the education law and advocacy program Project SPEAK. Special Education Advocacy for Kids, or "SPEAK," is the acronym. The family's income cannot be more than 200% of the federal poverty level in order to be eligible for the SPEAK program.
Q2. What is the National Plan of Action, 2005?
Ans. It pledges to guarantee all children's rights up to the age of 18. To ensure that every child can realize his or her innate potential and develop into a healthy and productive citizen, the government shall ensure all safeguards and an enabling environment for all children's survival, growth, development, and protection.
Q3. What are 3P’s of children’s right?
Ans. Three categories, known as the "three P's," are frequently used to classify children's rights under the UNCRC. The three PPP defined as Provision, Protection, and Participation.
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