Constitutional Provisions Regarding Rights Of Children

            INTRODUCTION:

• Any individual who is younger than eighteen is regarded as a child, generally speaking. Young people are viewed as the nation's future. The advancement of the nation greatly depends on their development. Giving children fundamental rights they deserve has advanced remarkably in many fields. Children are viewed as a minority group or a weaker segment of society that require special attention and laws because they are more vulnerable to exploitation and abuse. The State bears the responsibility for the upbringing and development of its children.
• Through a number of provisions, children are granted rights under the Indian Constitution. The majority of the child rights provisions found in the UN Convention on the Rights of the Child, 1989, were incorporated into the Constitution during its creation as Fundamental Rights and Directive Principles of State Policies.

CRC AND INDIA:

• The Convention on the Rights of the Child (CRC), which was ratified by the United Nations in 1989, is a global accord that binds its signatory states. It has included children's rights without any form of discrimination in its numerous articles. India ratified it on December 11, 1992. The preamble lays out the various tenets upon which the CRC is based.

It is predicated on four fundamental ideas:

• Article 2 guarantees nondiscrimination; 
• Article 3 protects the child's best interests; 
• Article 6 guarantees the right to life; and 
• Article 12 guarantees the right to be heard.

There are now three optional protocols for the CRC, and they are as follows:

• Optional Protocol to CRC on the sale of little ones, Child Gambling and Pornography of Children.
• The CRC's optional protocol regarding children's participation in armed conflict.
• The Communications Procedure Optional Protocol to the Convention on the Fundamental Rights of the Child.

India hasn't ratified the third optional protocol as of yet.

CONSTITUTIONAL PROVISIONS RELATING TO PROTECTION AND WELFARE OF CHILDREN:

PART III-FUNDAMENTAL RIGHTS

• Article 14-Right to Equality

Every citizen must be given equal protection under the law and equality before the law, according to the state. Every Indian citizen, including minors, has the right to equality free from bias and capriciousness. Because they are more susceptible, children are easily taken advantage of or overlooked when they are young. According to this article, they are entitled to the same protections under the law and are regarded as such before the law.

The Supreme Court of India ruled in the case of Gaurav Jain v. Union of India that separating prostitutes' children from other children would not be in their best interests. It said that children of prostitution-related women ought to be entitled to equal opportunities, as well as to a life of respect, care, and safety. They ought to be allowed to lead a typical social life free from discrimination.

• Article 15(3)-Right against discrimination

Discrimination is prohibited by Art. 15. The State may establish special measures for the welfare and advantage of women and children, according to Article 15(3).

• Article 21- Right to personal liberty and due process of law

A citizen cannot be denied their right to life, personal freedom, or the application of the law. A child has the right to adequate clothing, food, and housing. The Constitution includes this article because it acknowledges that children's health and nutrition come first.

The petitioner in Kishan Pattnayak v. State of Orissa had filed a writ petition, citing the appalling conditions in Kalahandi, Orissa, where hundreds of people, including children, had starved to death. People were forced to sell their children in order to obtain food. This case brought attention to the problem of food insecurity, poverty, and the impact on children. The Supreme Court ordered the government to implement significant measures to lessen poverty and drought.

• Article 21-A-Right to education

Every child between the ages of six and fourteen is guaranteed free and compulsory education by the state. It was disputed that the right to education must be a fundamental right in the cases of Mohini Jain v. State of Karnataka, 1992, and Unnikrishnan v. State of Andhra Pradesh, 1993. Prior to that time, the Directive Principles of State Policy included the right to education as one of the non-enforceable rights. The Supreme Court ruled that the right to education is a fundamental right under Art. 21-A and that it is incorporated into the right to life.

Numerous international conventions have recognized the right to free and compulsory education as a fundamental human entitlement. It serves as a way to give every child a foundational education and establish a minimal level of education.

• Article 23-Prohibition of traffic in human beings and forced labor

It is illegal to traffic in people or compel them to work as slaves. This article forbids child trafficking, which contributes to the rise in child beggars, child sexual exploitation, and forced labor in our society.

The court in Vishal Jeet v. Union of India issued multiple directives aimed at ending child sex exploitation. It instructed the establishment of rehabilitation facilities for street beggars, young girls coerced into prostitution, and children who had been the victims of sexual exploitation.

In the case of U.P. Bandhua Mukti Morcha v. Union of India, the Indian Supreme Court ruled that the State would be in violation of Article 23 of the Indian Constitution if no action was taken in accordance with the Bonded Labor System Act of 1976.

• Article 24- Prohibition of employment of children in factories, etc.

Child labor is prohibited by this article. Children under the age of fourteen are not permitted to work in mines, factories, or other dangerous jobs. Any work that robs a child of their childhood and jeopardizes their physical and mental health is considered child labor. Small and menial jobs are therefore not forbidden. Creating firecrackers or matchboxes, working on railroads, and construction are examples of hazardous jobs.

PART IV DIRECTIVE PRINCIPLES OF STATE POLICY:

• Article 39 (e)-

This article states that the State will not abuse the health and strength of men, women, or young children, and that citizens will not, out of necessity for money, participate in activities that are inappropriate for their age or strength. Child labor, which is imposed on young children out of economic necessity, is one such wicked practice.

• Article 39 (f)-

The State must make sure that its policies support providing children with opportunities and resources that enable them to grow up in a healthy, independent, and dignified manner. It should also make sure that their youth and childhood are shielded from material and moral desertion as well as exploitation.

• Article 45-

Within ten years of the start of this Act, the State aims to offer free and obligatory education to all children up to the age of fourteen. This clause was created to guarantee that, in the event that a child lacks parents or is not protected by them, the State would be in charge of their upbringing and provide free, mandatory education until they turn fourteen. However, this objective has not yet been met even after the Constitution's adoption more than 50 years ago.

In the 1991 case of M. C. Mehta v. State of Tamil Nadu, the Indian Supreme Court ruled that the provisions of Article 45 are still far cry and that all children up to the age of 14 should receive state sponsorship for their education because adult children are compelled to seek employment due to financial necessity.

• Article 46-

The State has an obligation to support the economic and educational goals of the weaker segments of society, which includes children, and to shield them from exploitation and other forms of social injustice.

• Article 47-

The public health, nutrition, and living standards of all citizens children included must be improved by the state.

PART IV A FUNDAMENTAL DUTIES:

• Article 51 A(k)-

Every citizen, whether they are the parents or the guardians, has a responsibility to see to it that their child or ward receives an education between the ages of six and fourteen. By doing this, the Constitution explicitly states that, since children are the nation's future, it is the parents' or guardians' responsibility to ensure that they receive an education.

CONSTITUTIONAL REMEDIES:

A person can use Article 32 and 226 writs jurisdiction to seek a constitutional remedy in the event that any of the aforementioned fundamental rights are violated.

• Article 32: If someone's fundamental rights are violated, they have the right to petition the Supreme Court for redress.
• Article 226: A person may file a petition in the High Court to defend rights, which are not always fundamental.

Since minors are unable to challenge the legal system on their own, a non-governmental organization or a public-spirited individual may file a Public Interest Litigation on behalf of the children's rights against the State or Central governments in accordance with Articles 32 and 226.

CONCLUSION

Children are vulnerable because of their developing minds. It is crucial that they are placed in a growth- and development-oriented environment. The State ought to provide all children with appropriate care and protection. India works to protect children's rights through the Constitution and a number of international laws. However, there are still a lot of obstacles in place despite all the rules and regulations. Children have been denied justice on numerous occasions. Numerous social ills persist, including child labor, child abduction, child marriage, child rape, etc. To serve as a deterrent, these laws' application and penalties ought to be more severe. Since families cannot separate from their children, it is important to educate them about their rights in order to protect them and, eventually, provide a better childhood.