Rights of a Neglected Child

In the evolution of human rights, the child is relatively a late entrant. The Convention on Rights of Child was signed only in 1989. It has been ratified by 192 countries except Somalia and the United States. The late action on child rights is a sad reflection of the uncaring attitude, lay almost total neglection, towards the rights of this weak segment of the society. Today, the child is a victim of sexual abuse, torture, war, violence, poverty, bonded labour, deprivation and denial. Health of the child and particularly malnutrition of children belonging to the disadvantaged segments of the society is an area of concern. Child labour in India is a historical fact and the exploitation of children for extracting labour is a grim reality. Almost 150 million children in this country continue to languish in slavery. The weak and the poor of the world, often end up being mere footnotes of history. A child is perhaps the weakest element in the global community dominated by the adult. A comprehensive legislation to address the entire issue of child labour from the perspective of prevention, prohibition, regulation and rehabilitation to achieve the final objective of elimination of child labour is a pressing necessity and a challenge.[12] Article 24 of the Constitution prohibits the employment of child below the age of 14 yrs in any factory or mine or any other hazardous employment.Art.39 clauses (e) (f), and Art.45 also make provisions for the protection of children against the exploitation and against the moral and material abandonment. Case Laws Vishaka v. State of Rajasthan[13] It was held that the sexual harassment results in violation of the Fundamental Rights of ‘Gender Equality’ and the right to life and liberty. It is clear violation of right under Article 14,15 and 21 of the Constitution. M.C. Mehta v. Kamal Nath[14] It was held by the Supreme Court that disturbance caused to the basic environmental elements, such as air, water, and soil which are essential for life, would be hazardous to life within the meaning of Art.21 of the Constitution and the Court can award damages not only for the restoration of ecological balance, but also for the victims who have suffered due to that disturbance.

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