CHILD RIGHTS: PROTECTION AND ENFORCEMENT IN INDIA

PROFESSIONAL SKILLS ASSIGNMENT

SUBMITED TO MRS. ASHMIA TALYAN MA’AM

VANSH AGARWALA

GLA UNIVERSITY, MATHURA

BA.LLB 1st year (2024-25)

Uni. Roll No. 2451110032

INTRODUCTION

Child rights are the fundamental human rights that every child is entitled to, irrespective of
their background, culture, or country of origin. These rights are enshrined in various
international and national frameworks directed towards the protection and development of
children. Child rights in India encompass an elaborate portfolio of provisions that safeguard
children from exploitation, abuse, neglect, and other such harm. India is a vast country with a
wide socio-economic landscape, hence, India faces numerous challenges in ensuring
protection and its enforcement of child rights. Nonetheless, through legislative reforms,
policies, and civil society involvement, considerable progress has been made. This essay is
intended to analyze the protection and enforcement of child rights in India with respect to
legal provisions, challenges, and how these issues help to guarantee the welfare of children.

LEGAL FRAMEWORK

India has dedicated to the protection of the rights of children through both international and
national instruments of law. India is a signatory to the United Nations Convention on the
Rights of the Child (UNCRC) adopted in 1989. The UNCRC sets forth the civil, political,
economic, social, and cultural rights of children and spells out a comprehensive framework
for child protection. UNCRC was ratified by India in 1992, thus becoming a part of its
international obligations. The UNCRC emphasizes principles like non-discrimination, the
best interests of a child, the right to life, survival, and development, and respect for the views
of children.

At the national level, the Indian Constitution provides a robust framework for child
protection. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or
place of birth, which ensures that all children are treated equally. Article 21 guarantees the
right to life and personal liberty, which courts have interpreted to include the right to
education and protection from exploitation. In addition, Article 39(e) and (f) directs the state
to ensure that children are not abused and that childhood and youth are protected against
exploitation.

Specific laws and policies protecting children's rights in India are:

1. The Juvenile Justice (Care and Protection of Children) Act, 2015: This law provides a
comprehensive framework for the care, protection, and rehabilitation of children in conflict
with the law and those in need of care and protection. Emphasis is placed on rehabilitation
and social reintegration more than punitive measures for children in conflict with the law.

2. Right of Children to Free and Compulsory Education (RTE) Act, 2009: This
legislation ensures that all children between the ages of 6 and 14 have free and compulsory
education, thereby promoting their right to education.

3. The Protection of Children from Sexual Offences Act, 2012: This act has the provision
to protect children from sexual abuse and exploitation with proper legal sanctity. It classifies
different types of sexual offenses against children and empowers provisions for investigation
and trial.

4. The Child Labour Act, 1986: These are prohibitive statutes aimed at child labour
employment in hazardous occupations and regulations of the employability of children under
non-hazardous sectors with penal provisions for offenders.

5. National Policy for Children, 2013: The policy outlines a comprehensive approach to
ensure the healthy development and protection of children in India, including healthcare,
education, protection against abuse, and participation in society.

CHILD RIGHTS PROTECTION MECHANISMS

Child rights protection in India is primarily facilitated by the government and civil society
institutions. The mechanisms established to protect the rights of children include:

1. Child Protection Services (CPS): The MWCD runs the Integrated Child Protection
Scheme (ICPS), which aims to offer care and protection to children who are in difficult
circumstances. The scheme sets up child welfare committees, children's homes, among other
support structures intended for rehabilitating vulnerable children.

2. The National Commission for Protection of Child Rights (NCPCR): The NCPCR is a
statutory body for monitoring the implementation of child rights in India. It works on
concerns related to child abuse, exploitation, trafficking, and inadequate education. The work
of the Commission is aimed at ensuring that children's rights are respected while state and
non-state actors abide by national and international law.

3. Child Welfare Committees (CWCs): The Juvenile Justice Act provides for the
establishment of CWCs in each district to act as the main forum for dealing with cases of
children in need of care and protection. These committees are responsible for ensuring the
welfare of children in conflict with the law and children who are orphaned, abandoned, or
neglected.

4. Childline India Foundation: This is a toll-free helpline (1098) for children in need of
assistance. It offers emergency services, counseling, and protection from abuse and
exploitation, and works to provide support to children in distress across the country.

5. State Government and Local Authority: State governments are responsible to enforce
child protection laws and schemes at local levels. They are also held responsible for ensuring
children in their state receive appropriate protection and support services.

CHALLENGES IN IMPLEMENTING CHILD RIGHTS

Despite the legal framework and various child protection mechanisms, there are significant
challenges in ensuring that children's rights are effectively realized in India. Some of these
challenges are as follows:

1. Poverty and Socio-economic Inequality: One important reason why children's rights are
violated is the vast socio-economic divide in India. Poverty makes poor and vulnerable
children more susceptible to exploitation, child labor, trafficking, and abuse. Poverty compels
many families to send their children to work, depriving them of their right to education and
proper care.

2. Child Labor and Exploitation: Although it is prohibited, child labour is still present as an
issue in countries. The main areas affected are rural settings and those of the informal
economies. Children work in industries, especially in agriculture, mining, domestic work, and
textiles where hazardous conditions surround their daily lives. The right to education is
occasionally put into conflict, and most are exposed to physical and emotional abuse.

3. Child Marriage: Child marriages are prohibited in India; however, the practice is yet
widely prevalent in particular rural areas. Early marriage frequently results in a host of health
risks, social isolation, and makes them inaccessible to education, thereby posing an ill omen
for overall well-being in girls especially.

4. Sexual Abuse and Exploitation: Sexual abuse and exploitation of children are serious
issues in India today. Children, especially girls, face sexual offenses; legal and social
mechanisms to provide them protection are quite inadequate. The underreporting nature of
these crimes and the stigma and fear of retribution contributed by lack of awareness
exacerbate the problem.

5. Weakened Implementation of Laws: India has strong child protection law but its ground
implementation is usually weak. Most children are not aware of their rights, and no one has
the needful resources, training, and infrastructure to do justice with child rights violations.
The judicial system is usually too slow, causing enmeshment in delivering justice to children.

6. Lack of Infrastructural Education: Many children are denied their fundamental right to
education despite the enactment of the Right to Education Act. This is because some children
lack infrastructure and adequate teaching resources. Moreover, many areas have little or no
trained teachers at all.

7. Cultural and Societal Norms: In some communities, cultural practices and societal norms
perpetuate child rights violations, such as bias towards male children. Gender discrimination,
neglect, and deprivation of care to girls in certain regions hinder their access to education,
healthcare services, and general protection.

STRENGTHENING PROTECTION OF CHILD RIGHTS

India has made significant efforts to improve the protection of child rights, both through
legislative reforms and grassroots interventions. Some of the key efforts include:

1. Awareness Campaigns: Numerous NGOs and government bodies conduct awareness

campaigns to educate children, parents, and communities about child rights. Programs such
as ‘Beti Bachao Beti Padhao’ (Save the Girl Child, Educate the Girl Child) aim to address
gender discrimination and promote education for girls.

2. NGO and Civil Society Organizations Collaborations: There are many NGOs and civil
society organizations that are critical to the promotion of child rights and providing these
essential services such as legal aid, counseling, education, and shelter. Collaboration with
NGOs also helps in scaling up and extending the reach of child protection programs to
vulnerable population groups.

3. Technology and Child Protection: In the past few years, protection of children has also
started using technology. It has progressed towards providing online platforms that monitor
child labour, abuse, and trafficking. What is more, digital platforms of education are
compensating for the educational gaps existing in children from rural areas.

4. Strengthening Law Enforcement: Child protection laws should be implemented

effectively. Improving law enforcement is one objective that has been at work for this
purpose. Fast-track courts are established for the cases involving children. Better training for
both the police and social workers, as well as more funds allocated for the child protection
programs, contributes to effective enforcement.

5. Monitoring and Evaluation: The establishment of bodies like NCPCR has helped to
monitor the situation of child rights in the country. These assess the effectiveness of child
protection schemes and make recommendations for improving it.

CONCLUSION

The protection and enforcement of child rights in India is by no means a simple challenge,
but one that will require further time. While much has been achieved through legislative
mechanisms, policy interventions, and work by numerous agencies, enough challenges
persist. Children are still at risk from poverty, social inequality, child labor, child marriage,
and sexual exploitation. Ensuring respect and upholding the rights of the child requires a
multifaceted approach that incorporates better law enforcement, awareness, improved
education, and active participation of all sectors of society. As India continues to grow and
develop, it is imperative that the protection of its children remains a priority, ensuring that
every child can enjoy their rights to life, survival