An Introduction:
In a globally changing atmosphere, when a Democratic set up is the order of the day, Child rights have been looked upon as an obvious & compulsory measure to empower the youth of a country with the wealth of knowledge. Since, nation-states look upon their youth population as their flag bearers in future, legislations have been drawn up to insure the development of these children in a Rights based system. India has been no different than the other democratic systems of the world in this context and it has come up with various legislations & Constitutional rights for the overall development of its children. Some of these rights include right to compulsory elementary education, right to be protected from employment in hazardous industries till the age of 14 years, and many more.
Various Child Rights Legislation in India:
The designers of Indian constitution were well aware that for a young nation to flourish, its youth had to be taken care of. Also, in an environment when the country had recently witnessed partition, and freed from the clutches of Imperial forces, the government knew that it had to take the responsibility of nurturing the children’s future in its own hands. With no proper economic model in function, and most of the population either displaced, or suffering under extreme poverty, or both, educating children was the last thing families were concerned about. In was in this scenario that the government came up with right to compulsory elementary education and right to be protected from employment in hazardous industries as fundamental rights of every child. Right to early childhood care was also included in the constitution & the states were directed to look upon their children as a welfare measure.
Building on this constitutional groundwork, following governments maintained their commitments towards contributing to the needs of children by introducing various legislations. The centre came up with anti-child trafficking laws, laws against child abuse, Right to education act, laws against child marriages, and many other provisions.
The Role of Judiciary:
The biggest problem in tackling atrocities against children in India has been the attitude of successive governments. Child rights have often been looked upon as welfare measures rather than legal rights of children. It has been against this mindset that the judiciary & various legal practitioners have often fought. The case of Bachpan Bachao Andolan Vs UOI & ors has been a landmark case in the history of implementation of child rights in India. Through this case, the judiciary expanded its scope of forcing the government to work towards where its commitment lies. The introduction of juvenile justice boards, child welfare committees etc. have been judiciary’s other contribution towards development of child rights in India.
The Grim Picture:
Despite various legislations on part of government and judicial activism, the true picture of child rights in India has been rather grim. The framework appears to be there on paper, but those for whom this framework has been built continue to suffer in dark. Two plausible reasons for this can be:
The UN convention on the Rights of Child ( UNCRC) provides for minimum freedom and entitlements for every children regardless of their race, color, gender, religion, birth status, etc. However, this has exactly been the problem with India. In a society which is mired with caste & religious equations, reaching out to poor children with no social status has been the most difficult problem. It is mainly the children belonging to poor, low castes, and minority religious groups that have been victims of atrocities with no help in sight. They are seen on streets, at various construction sites, working at tea stalls & restaurants. No one has bothered to help them because of the threats they might have to face from religious groups, or gangs.
On top of all this, the market has contributed more to this problem. Even though the nations are together marching to attain a democratic order worldwide, they are also accompanied by an economic model looking to control everything. Thus, big companies have pressurized governments to reduce on rights & promote a competitive environment. In this competitive environment, children from poor economic & social background are looked upon as cheap labor rather than flag bearers of future. Thus, even though the governments seem to care about their children on face, they have been secretly rolling back all the help they can offer.
Conclusion:
Till the time these children are looked upon as cheap labor by a market dominated model, rights and equal opportunities for children will continue to be seen as a threat by the prosperous ones.
- SRIRADHA GUPTA
MAEM (Sem I)
In a globally changing atmosphere, when a Democratic set up is the order of the day, Child rights have been looked upon as an obvious & compulsory measure to empower the youth of a country with the wealth of knowledge. Since, nation-states look upon their youth population as their flag bearers in future, legislations have been drawn up to insure the development of these children in a Rights based system. India has been no different than the other democratic systems of the world in this context and it has come up with various legislations & Constitutional rights for the overall development of its children. Some of these rights include right to compulsory elementary education, right to be protected from employment in hazardous industries till the age of 14 years, and many more.
Various Child Rights Legislation in India:
The designers of Indian constitution were well aware that for a young nation to flourish, its youth had to be taken care of. Also, in an environment when the country had recently witnessed partition, and freed from the clutches of Imperial forces, the government knew that it had to take the responsibility of nurturing the children’s future in its own hands. With no proper economic model in function, and most of the population either displaced, or suffering under extreme poverty, or both, educating children was the last thing families were concerned about. In was in this scenario that the government came up with right to compulsory elementary education and right to be protected from employment in hazardous industries as fundamental rights of every child. Right to early childhood care was also included in the constitution & the states were directed to look upon their children as a welfare measure.
Building on this constitutional groundwork, following governments maintained their commitments towards contributing to the needs of children by introducing various legislations. The centre came up with anti-child trafficking laws, laws against child abuse, Right to education act, laws against child marriages, and many other provisions.
The Role of Judiciary:
The biggest problem in tackling atrocities against children in India has been the attitude of successive governments. Child rights have often been looked upon as welfare measures rather than legal rights of children. It has been against this mindset that the judiciary & various legal practitioners have often fought. The case of Bachpan Bachao Andolan Vs UOI & ors has been a landmark case in the history of implementation of child rights in India. Through this case, the judiciary expanded its scope of forcing the government to work towards where its commitment lies. The introduction of juvenile justice boards, child welfare committees etc. have been judiciary’s other contribution towards development of child rights in India.
The Grim Picture:
Despite various legislations on part of government and judicial activism, the true picture of child rights in India has been rather grim. The framework appears to be there on paper, but those for whom this framework has been built continue to suffer in dark. Two plausible reasons for this can be:
The UN convention on the Rights of Child ( UNCRC) provides for minimum freedom and entitlements for every children regardless of their race, color, gender, religion, birth status, etc. However, this has exactly been the problem with India. In a society which is mired with caste & religious equations, reaching out to poor children with no social status has been the most difficult problem. It is mainly the children belonging to poor, low castes, and minority religious groups that have been victims of atrocities with no help in sight. They are seen on streets, at various construction sites, working at tea stalls & restaurants. No one has bothered to help them because of the threats they might have to face from religious groups, or gangs.
On top of all this, the market has contributed more to this problem. Even though the nations are together marching to attain a democratic order worldwide, they are also accompanied by an economic model looking to control everything. Thus, big companies have pressurized governments to reduce on rights & promote a competitive environment. In this competitive environment, children from poor economic & social background are looked upon as cheap labor rather than flag bearers of future. Thus, even though the governments seem to care about their children on face, they have been secretly rolling back all the help they can offer.
Conclusion:
Till the time these children are looked upon as cheap labor by a market dominated model, rights and equal opportunities for children will continue to be seen as a threat by the prosperous ones.
- SRIRADHA GUPTA
MAEM (Sem I)
No comments:
Post a Comment