There are so many Constitutional Provisions For the Protection Of Children in the Indian Constitution. “Children do not constitute anyone’s property: they are neither the property of their parents nor even the society. They belong only to their own freedom.”
As minors, by law children do not have any power to make decisions on their own. Instead, these decisions are made by their parents, caretakers, social workers, teachers, youth workers, and others who are instilled with such authority. It is generally believed that the state gives insufficient control over their own lives and makes them vulnerable.
There are so many Constitutional provisions for the protection of children because Children’s rights are the human rights of children which draws special attention to the special protection and care afforded to the minors. Many government policies have been held to hide the ways adults abuse and exploit children which leads to a decline in the integrity of children, which leads to child poverty, lack, or even denial of education. Through this view, children are considered to be the minority group towards whom the society needs to reconsider the way it behaves towards them.
Children were the recipient of welfare measures. It was in the twentieth century that the concept of children’s rights emerged. Technically it is a replacement of welfare with rights. Which was indeed a significant approach. Rights are entitlements that have goals and obligations. They primarily consist of social justice, non-discrimination, protection, equity, and empowerment. The rights perspective is embodied in the United Nations Conventions on the Rights of the Child 1989 which is a landmark in the international human rights legislation.
A stirring view in most cultures is that the younger the children the more they are vulnerable both psychologically and physically. Most of the activities of children are regulated by the age limits the children- in which they leave school, At which age they can marry, at which age they are considered adults as per the criminal justice system, at which age they can work, in which age they can work, in which age they can join the armed forces, etc.
But the age limit differs from activity to activity and country to country. In the Constitution of India and Child Labor (Prohibition and Regulation) Act 1986, a ‘child’ is defined as a person below 14 years of age. The recently amended Juvenile Justice Act 2015 children (16-18 years) may be treated as adults if they commit heinous crimes like rape, acid attack, murder, etc.
Constitutional Provisions For Protection Of Children
The constitution ensures the rights and protection of children through its various provisions. Children on the account of their sensitive age and immature age need special care and protection. They have specific rights and legal entitlements that are being recognized nationally and internationally.
The constitution has recognized the rights of children to a great extent and included many articles dealing with compulsory and free education, liberty and development in childhood, non-discrimination in educational spheres, and prohibition of their employment in factories, mines, and hazardous conditions.
Article/14: According to this article, the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Citizens of India including children must be treated equally before the law and must be given equal protection by law without any discrimination or arbitrariness. This right which is provided in the Indian Constitution protects the rights of children so that their dignity and integrity as a child is not exploited. Children being vulnerable have more chances to be treated unequally in Indian society.
Article 15 of the Indian Constitution prohibits discrimination. In Article 15(3), nothing in this Article shall prevent the State from making any special provision for women and children. It is very clear from Article 15(3) that “special provision” does not mean unequal treatment but it is established for the well-being and development of the children in India.
Article 21A: According to this article, The State shall provide free and compulsory education to all the children of the age of six to fourteen years in such manner as the State may by law, determine. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21A in the Constitution to provide free and compulsory education to all the children in the age group six to fourteen years as a Fundamental Right.
Article/24: According to this Article, No child below the age of fourteen shall be employed to work in any factory or mine or engaged in any other hazardous employment. Hazardous conditions may include construction work or railway. This article does not prohibit harmless work. This Article provides the regulation and prohibition of child labor in India. Child Labour is defined as the work which deprives children of their childhood, potential, and dignity.
There have been many provisions in the Directive Principles of state policies that specify how the state is responsible for the protection of the rights of children.
ARTICLE-39 – Certain principles of the policy to be followed by the state. Article 39(e) states that the health and strength of workers, men, and women, and the tender age of children are not forced by economic necessity to enter avocation unsuited to their age or strength.
Child Labour is one of the social evil that is forced by economic necessity; it is the responsibility of the state to ensure that no child is subjected to any physical or mental abuse.
Article39 [1](f) states that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. This provision also protects childhood and provides opportunities and facilities to grow with a safe explosion.
ARTICLE 45 This provision is for early childhood care and education of children below the age of six years. According to this provision, the State shall Endeavour to provide early childhood care and education for all the children until they complete the age of six years. According to this Act of the Indian Constitution, the state shall protect the child and is responsible for their development within them.
ARTICLE-51A(k) It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities to provide education for his child or, as the case may be, ward between the age of six and fourteen years. Through this provision, the Constitution strictly mentions the providing of education as the duty of the parent as it is for the future and development of the country.
These are some Constitutional Provisions For the Protection Of Children in the Indian Constitution.
