Child Rights Protection For Underprivileged Children

Child Rights Protection For Underprivileged Children 

1) INTRODUTION 

According to the United Nations Convention on the Rights of the Children – that India ratified in 1992 – all children are born with fundamental rights.

➢ Right to Survival – to life, health, nutrition, name, nationality

➢ Right to Development – to education, care, leisure,recreation, cultural                   activities

➢ Right to Protection – from exploitation, abuse, neglect

➢ Right to Participation – to expression, information, thought, religion

And a right to achieve these dreams. Even though India’s children account for more than one-third of its population, their interests have never been given priority. And their rights have been violated every single day.

2) DEFINATION

➢ Child : A young human being below the age of puberty or below the legal age of majority.

3) CHID RIGHTS

In the history of human rights, the rights of children are the most ratified. The United Nations Convention on the Rights of the Child (UNCRC) defines Child Rights as the minimum entitlements and freedoms that should be afforded to every citizen below the age of 18 regardless of race, national origin, colour, gender, language, religion, opinions, origin, wealth, birth status, disability, or other characteristics.

These rights encompass freedom of children and their civil rights, family environment, necessary healthcare and welfare, education, leisure and cultural activities and special protection measures. The UNCRC outlines the fundamental human rights that should be afforded to children in four broad classifications that suitably cover all civil, political, social, economic and cultural rights of every child:

➢ Right to Survival: 

• Right to be born

• Right to minimum standards of food, shelter and clothing 

• Right to live with dignity 

• Right to health care, to safe drinking water, nutritious food, a clean and safe      environment, and information to help them stay healthy.

➢ Right to Protection:

• Right to be protected from all sorts of violence 

• Right to be protected from neglect 

• Right to be protected from physical and sexual abuse

• Right to be protected from dangerous drugs

➢ Right to Participation: 

• Right to freedom of opinion 

• Right to freedom of expression 

• Right to freedom of association 

• Right to information 

• Right to participate in any decision making that involves him/her directly or indirectly

➢ Right to Development: 

• Right to education 

• Right to learn 

• Right to relax and play 

• Right to all forms of development – emotional, mental and physical

4) ARTICLE OF UNCRC ABOUT CHILD RIGHTS

➢ Article 1

Everyone under 18 years of age has all the rights in this Convention.

➢ Article 2

The Convention applies to everyone whatever their race, religion, abilities, whatever they think or say, whatever type of family they come from.

➢ Article 3

All organisations concerned with children should work towards what is best for each child.

➢ Article 4

Governments should make these rights available to children.

➢ Article 5

Governments should respect the rights and responsibilities of families to direct and guide their children so that, as they grow, they learn to use their rights properly.

➢ Article 6

All children have the right to life. Governments should ensure that children survive and develop healthily.

➢ Article 7

All children have the right to a legally registered name, and nationality. They have the right to know and, as far as possible, to be cared for, by their parents.

➢ Article 8

Governments should respect children's right to a name, a nationality and family ties.

➢ Article 9

Children should not be separated from their parents unless it is for their own good (for example if a parent is mistreating or neglecting a child.) Children whose parents have separated have the right to stay in contact with both parents, unless this might harm the child.

➢ Article 10

Families who live in different countries should be allowed to move between those countries so that parents and children can stay in contact, or get back together as a family.

➢ Article 11

Governments should take steps to stop children being taken out of their own country illegally.

➢ Article 12

Children have the right to say what they think should happen, when adults are making decisions that affect them, and to have their opinions taken into account.

➢ Article 13

Children have the right to get and to share information, as long as the information is not damaging to them or to others.

➢ Article 14

Children have the right to think and believe what they want, and to practise their religion, as long as they are not stopping other people from enjoying their rights. Parents should guide their children on these matters.

➢ Article 15

Children have the right to meet together and to join groups and organisations, as long as this does not stop other people from enjoying their rights.

➢ Article 16

Children have a right to privacy. The law should protect them from attacks against their way of life, their good name, their families and their homes.

➢ Article 17

Children have the right to reliable information from the mass media. Television, radio, and newspapers should provide information that children can understand, and should not promote materials that could harm children.

➢ Article 18

Both parents share responsibility for bringing up their children, and should always consider what is best for each child. Governments should help parents by providing services to support them, especially if both parents work outside the home.

➢ Article 19

Governments should ensure that children are properly cared for, and protect them from violence, abuse and neglect by their parents, or anyone else who looks after them.

➢ Article 20

Children who cannot be looked after by their own family must be looked after properly, by people who respect their religion, culture and language.

➢ Article 21

When children are adopted the first concern must be what is best for them. The same rules should apply whether the children are adopted in the country where they were born, or if they are taken to live in another country.

➢ Article 22

Children who come into a country as refugees should have the same rights as children born in that country.

➢ Article 23

Children who have any kind of disability should have special care and support, so that they can lead full and independent lives.

➢ Article 24

Children have the right to good quality health care, to clean water, nutritious food, and a clean environment, so that they will stay healthy. Rich countries should help poorer countries achieve this.

➢ Article 25

Children who are looked after by their local authority, rather than by their parents, should have someone review the situation regularly.

➢ Article 26

The Government should provide extra money for the children of families in need.

➢ Article 27

Children have a right to a standard of living that is good enough to meet their physical and mental needs. The Government should help families who cannot afford to provide this.

➢ Article 28

Children have a right to an education. Discipline in schools should respect children’s human dignity. Primary education should be free. Wealthy countries should help poorer countries achieve this.

➢ Article 29

Education should develop each child's personality and talents to the full. It should encourage children to respect their parents, and their own and other cultures.

➢ Article 30

Children have a right to learn and use the language and customs of their families, whether these are shared by the majority of people in the country or not.

➢ Article 31

All children have a right to relax and play, and to join in a wide range of activities.

➢ Article 32

The Government should protect children from work that is dangerous, or that might harm their health or their education.

➢ Article 33

The Government should provide ways of protecting children from dangerous drugs.

➢ Article 34

The Government should protect children from sexual abuse.

➢ Article 35

The Government should make sure that children are not abducted or sold.

➢ Article 36

Children should be protected from any activities that could harm their development.

➢ Article 37

Children who break the law should not be treated cruelly. They should not be put in prison with adults and should be able to keep in contact with their families.

➢ Article 38

Governments should not allow children under 15 to join the army. Children in war zones should receive special protection.

➢ Article 39

Children who have been neglected or abused should receive special help to restore their self-respect.

➢ Article 40

Children who are accused of breaking the law should receive legal help. Prison sentences for children should only be used for the most serious offences.

➢ Article 41

If the laws of a particular country protect children better than the articles of the Convention, then those laws should stay.

➢ Article 42

The Government should make the Convention known to all parents and children.

5) CHILD RIGHTS IN CONSTITUTION OF INDIA

The Indian constitution accords rights to children as citizens of the country, and in keeping with their special status the State has even enacted special laws. The Constitution, promulgated in 1950, encompasses most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy. Over the years, many individuals and public interest groups have approached the apex court for restitution of fundamental rights, including child rights. The Directive Principles of State Policy articulate social and economic rights that have been declared to be “fundamental in the governance of the country and … the duty of the state to apply … in making laws” (Article 37). The government has the flexibility to undertake appropriate legislative and administrative measures to ensure children’s rights; no court can make the government ensure them, as these are essentially directives. These directives have enabled the judiciary to give some landmark judgements promoting children’s rights, leading to Constitutional Amendments as is in the case of the 86th Amendment to the Constitution that made Right to Education a fundamental right.

➢ Right to free and compulsory elementary education for all children in the 6-       14 year age group   (Article 21 A)

➢ Right to be protected from any hazardous employment till the age of 14                 years (Article 24)

➢ Right to be protected from being abused and forced by economic necessity to       enter occupations unsuited to their age or strength (Article 39(e))

➢ Right to equal opportunities and facilities to develop in a healthy manner            and in conditions of freedom and dignity and guaranteed protection of                  childhood and youth against exploitation and against moral and material              abandonment (Article 39 (f))

➢ Right to early childhood care and education to all children until they                      complete the age of six years (Article 45)

Besides, Children also have rights as equal citizens of India, just as any other adult male or female:

➢ Right to equality (Article 14)

➢ Right against discrimination (Article 15)

➢ Right to personal liberty and due process of law (Article 21)

➢ Right to being protected from being trafficked and forced into bonded                   labour  (Article 23)

➢ Right of minorities for protection of their interests (Article 29)

➢ Right of weaker sections of the people to be protected from social injustice          and all forms of exploitation (Article 46)

➢ Right to nutrition and standard of living and improved public health (Article       47)

6) Suggestions 

➢ Constitutional Amendment: Art 24 of the Constitution should be amended as below: “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other employment”. 

➢ The present title of Child Labour (Prohibition and Regulation) Act, 1986 should be amended as Child Labour (Prohibition and Rehabilitation) Act, so that more focus should be given to rehabilitation rather than regulation. 

➢ Proviso annexed to section 3 of Child Labour (Prohibition and Regulation) Act, 1986 should be amended to prevent the misuse of this provision by employers under the heading of family occupations and no exceptions should be provided. Section 3 of the Act, should be amended as, “it shall be presumed that occupier is also the employer for the purpose of the Act and the onus to prove that the child is a member of his or her family would rest on the occupier”. 

➢ Distinction made between Part-A and B Schedules annexed to section 3 of the Child Labour (Prohibition and Regulation) Act, 1986 shall be removed, as both Schedules namely, occupations and processes, are equally hazardous to the health of children. Therefore prohibition to employ a child should exist in both.

➢ Under section 9 of the Child Labour (Prohibition and Regulation) Act, 1986, it should be made mandatory that every occupier after establishment should send a notice to the Inspector containing the information regarding the employment of a child, either in the affirmative or in the negative, annually. 

➢ The age of the child provided under Child Labour (Prohibition and Regulation) Act, 1986 i.e., 14 years should be enhanced to 18 years so as to bring it on par with United Nations Convention on the Rights of the Child, 1989.

➢ The Advisory Function of the Technical Advisory Committee under section 5(1) of the Child Labour (Prohibition and Regulation) Act, 1986 should be expanded so that it shall receive petitions from individuals etc, for addition of occupations and processes to the Schedule. 

➢ The punishment for violation under section 14(3) of Child Labour (Prohibition and Regulation) Act, 1986 shall be enhanced to three months simple imprisonment or fine which may extend to fifty thousand rupees or with both.  

➢ In Section 16 of Child Labour (Prohibition and Regulation) Act, 1986 a time limit from Six months to One year should be fixed for the disposal of the case so that, the aggrieved party may get relief on time. 

➢Government of India should ratify the Convention No.182 and Recommendation No.190 which deal with the “Prohibition and Immediate Action for the Elimination of the Worst Form of Child Labour”. The Convention was adopted in 1999 but the Government has not yet ratified it.

➢ The Employment of children in any other employment including Agricultural /Farm Sector should be made a cognizable offence, non- bailable and noncompoundable. 

➢ A separate and independent body should be constituted under Labour Ministry at Centre, State and District level for monitoring the affairs of child labourers after 14 years who were rehabilitated and mainstreamed. 

➢  Every State Government shall frame Rules under the Right to Education Act, 2009 immediately for the proper implementation of the provisions of the Act. 

➢ Laws on child labour and Education should be implemented in a mutually supportive way. 

➢ The Judiciary should be more sensitive in dealing with child labour cases. The general rule of ‘benefit of doubt’ cannot be given to the offending employers. When guilt is proved, offending employer should be punished with imprisonment and not with fine. In punishment policy, sentence of imprisonment should be made a general rule and imposing fine should be an exception. This deters the employers. Further there is a need to increase the conviction rate.

➢ Government should encourage the NGOs for elimination of child labour by granting proper budget periodically and accountability should be fixed on NGOs to ensure that the funds are utilized for the purpose for which it is given. 

➢ To deal with apathy and indifference on the part of the law enforcing agencies in the discharge of their duties, there is need to conduct periodical orientation and training programmes to sensitize them adequately. 

➢ It is suggested to give more focus on implementation and enforcement of child labour laws and other laws meant for the protection of the children. It is humbly submitted that, if all the above suggestions are implemented, the menace of child labour can be effectively tackled and eventually it can be eradicated.

AUTHOR BY : Adv. Maitry Ketankumar Kansara