CBSE Textbook: Child Rights | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Child Rights
Contents
I. Child Rights
II. Right to Education
III. Right to Health
IV . Right to Shelter
V . Child Labour
VI. Sexual Abuse
VII. Juvenile Justice
VIII. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Explain the meaning of child
• Explain various rights available to a child
• Critically evaluate child sexual abuse
• Summarise the importance of Juvenile laws 
I. Child Rights
Etymologically, the term ‘child’ is derived from the Latin word ‘infans’, which means the one who 
does not speak. According to the Convention on the Rights of the Child of 1989, a child is any 
human being below the age of eighteen years, unless under the law applicable to the child, majority is 
attained earlier. In India, a person is deemed to be a major on attaining the age of 18 years under the 
Indian Majority Act, 1875. The law, policy, and practice of child welfare has undergone a significant 
change from a historical perspective. 
Earlier, there was the concept of authority and control where the father had absolute rights over his 
children. After this, the welfare principle was reflected in the dominant ideology of the family. The 
Indian traditional view of welfare is based on daya, dana, dakshina, bhiksha, ahimsa, and tyaga. It 
was believed that welfare of children depended upon these values. It was only during the twentieth 
century that the concept of children’s right emerged. This shift in focus from the ‘welfare’ to the ‘rights’ 
approach is significant.
The rights approach is primarily concerned with issues of social justice, non-discrimination, equity, 
and empowerment. The rights perspective is embodied in the United Nations Convention on the 
CHAPTER
2
Page 2


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Child Rights
Contents
I. Child Rights
II. Right to Education
III. Right to Health
IV . Right to Shelter
V . Child Labour
VI. Sexual Abuse
VII. Juvenile Justice
VIII. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Explain the meaning of child
• Explain various rights available to a child
• Critically evaluate child sexual abuse
• Summarise the importance of Juvenile laws 
I. Child Rights
Etymologically, the term ‘child’ is derived from the Latin word ‘infans’, which means the one who 
does not speak. According to the Convention on the Rights of the Child of 1989, a child is any 
human being below the age of eighteen years, unless under the law applicable to the child, majority is 
attained earlier. In India, a person is deemed to be a major on attaining the age of 18 years under the 
Indian Majority Act, 1875. The law, policy, and practice of child welfare has undergone a significant 
change from a historical perspective. 
Earlier, there was the concept of authority and control where the father had absolute rights over his 
children. After this, the welfare principle was reflected in the dominant ideology of the family. The 
Indian traditional view of welfare is based on daya, dana, dakshina, bhiksha, ahimsa, and tyaga. It 
was believed that welfare of children depended upon these values. It was only during the twentieth 
century that the concept of children’s right emerged. This shift in focus from the ‘welfare’ to the ‘rights’ 
approach is significant.
The rights approach is primarily concerned with issues of social justice, non-discrimination, equity, 
and empowerment. The rights perspective is embodied in the United Nations Convention on the 
CHAPTER
2
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
150
Rights of the Child 1989, which is a landmark in international human rights legislation. India ratified 
the Convention on the Rights of the Child in December, 1992. This convention gives all those basic 
human rights to children that will enable them to achieve their full potential. These include civil, 
economic, social, cultural, and political rights. The civil rights include protection from torture and 
maltreatment. Making of special rules governing the circumstances under which children may be 
deprived of their liberty also constitutes part of civil rights. The economic rights include the right to 
ensure proper development and protection from exploitation at work. The social rights include the 
right to the highest attainable standard of health services, protection from sexual exploitation and the 
regulation of adoption. Right to education is included in cultural rights.
II. Right to Education
Education is the transmission of the values and accumulated knowledge of a society. It helps children in 
knowing their culture, moulding their behaviour in the ways of adulthood and directing them towards 
their eventual role in society. Right to education is one of the fundamental rights in the Constitution 
of India under Article 21 A (inserted by 86th constitutional amendment). It provides that the state 
shall provide free and compulsory education to all children between the age of six to fourteen years 
(6-14 years). The state also has to promote the educational and economic interests of the weaker 
sections of the society, and, in particular of the Scheduled Castes and the Scheduled Tribes. The 
mandatory duty of the state to make effective provisions for securing the right to education is subject 
to its economic capacity and development. Moreover, a fundamental duty has been imposed on the 
parent or guardian to provide opportunities for education to his child or ward between the age of 
six to fourteen years (6-14 years) under Article 51 A sub clause (k) (inserted by 86th constitutional 
amendment).
The Right of Children to Free and Compulsory Education Act was passed by the Parliament in 2009. 
Some of the salient features of the Act are as given here. The Act ensures that children get education 
irrespective of their economic condition. It provides for free and compulsory education to all children 
in the age group of six to fourteen years (6 -14 years). 
The financial burden for the implementation is to be shared by state and the central government on 
basis of the Sarva Shiksha Abhiyan program of the central government. It also provides for 25% 
reservation for economically disadvantaged communities in all private and minority schools. The 
private schools have to face penalty for violating any provision of this Act.
III. Right to Health
Health is a state of complete physical, mental, and social well-being. It is not merely the absence 
of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the 
fundamental rights of every human being without distinction of race, religion, and political belief, 
economic or social condition. Healthy development of the child is one of the basic needs and the 
ability to live harmoniously in a changing environment is essential for such development. The 
extension to all people of the benefits of medical, psychological and related knowledge is essential for 
the most comprehensive attainment of health.
Page 3


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Child Rights
Contents
I. Child Rights
II. Right to Education
III. Right to Health
IV . Right to Shelter
V . Child Labour
VI. Sexual Abuse
VII. Juvenile Justice
VIII. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Explain the meaning of child
• Explain various rights available to a child
• Critically evaluate child sexual abuse
• Summarise the importance of Juvenile laws 
I. Child Rights
Etymologically, the term ‘child’ is derived from the Latin word ‘infans’, which means the one who 
does not speak. According to the Convention on the Rights of the Child of 1989, a child is any 
human being below the age of eighteen years, unless under the law applicable to the child, majority is 
attained earlier. In India, a person is deemed to be a major on attaining the age of 18 years under the 
Indian Majority Act, 1875. The law, policy, and practice of child welfare has undergone a significant 
change from a historical perspective. 
Earlier, there was the concept of authority and control where the father had absolute rights over his 
children. After this, the welfare principle was reflected in the dominant ideology of the family. The 
Indian traditional view of welfare is based on daya, dana, dakshina, bhiksha, ahimsa, and tyaga. It 
was believed that welfare of children depended upon these values. It was only during the twentieth 
century that the concept of children’s right emerged. This shift in focus from the ‘welfare’ to the ‘rights’ 
approach is significant.
The rights approach is primarily concerned with issues of social justice, non-discrimination, equity, 
and empowerment. The rights perspective is embodied in the United Nations Convention on the 
CHAPTER
2
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
150
Rights of the Child 1989, which is a landmark in international human rights legislation. India ratified 
the Convention on the Rights of the Child in December, 1992. This convention gives all those basic 
human rights to children that will enable them to achieve their full potential. These include civil, 
economic, social, cultural, and political rights. The civil rights include protection from torture and 
maltreatment. Making of special rules governing the circumstances under which children may be 
deprived of their liberty also constitutes part of civil rights. The economic rights include the right to 
ensure proper development and protection from exploitation at work. The social rights include the 
right to the highest attainable standard of health services, protection from sexual exploitation and the 
regulation of adoption. Right to education is included in cultural rights.
II. Right to Education
Education is the transmission of the values and accumulated knowledge of a society. It helps children in 
knowing their culture, moulding their behaviour in the ways of adulthood and directing them towards 
their eventual role in society. Right to education is one of the fundamental rights in the Constitution 
of India under Article 21 A (inserted by 86th constitutional amendment). It provides that the state 
shall provide free and compulsory education to all children between the age of six to fourteen years 
(6-14 years). The state also has to promote the educational and economic interests of the weaker 
sections of the society, and, in particular of the Scheduled Castes and the Scheduled Tribes. The 
mandatory duty of the state to make effective provisions for securing the right to education is subject 
to its economic capacity and development. Moreover, a fundamental duty has been imposed on the 
parent or guardian to provide opportunities for education to his child or ward between the age of 
six to fourteen years (6-14 years) under Article 51 A sub clause (k) (inserted by 86th constitutional 
amendment).
The Right of Children to Free and Compulsory Education Act was passed by the Parliament in 2009. 
Some of the salient features of the Act are as given here. The Act ensures that children get education 
irrespective of their economic condition. It provides for free and compulsory education to all children 
in the age group of six to fourteen years (6 -14 years). 
The financial burden for the implementation is to be shared by state and the central government on 
basis of the Sarva Shiksha Abhiyan program of the central government. It also provides for 25% 
reservation for economically disadvantaged communities in all private and minority schools. The 
private schools have to face penalty for violating any provision of this Act.
III. Right to Health
Health is a state of complete physical, mental, and social well-being. It is not merely the absence 
of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the 
fundamental rights of every human being without distinction of race, religion, and political belief, 
economic or social condition. Healthy development of the child is one of the basic needs and the 
ability to live harmoniously in a changing environment is essential for such development. The 
extension to all people of the benefits of medical, psychological and related knowledge is essential for 
the most comprehensive attainment of health.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
151
RIGHT TO HEALTH – JUDICIAL CONTRIBUTION
The World Health Organization 
(WHO) is a specialized agency of the 
United Nations that is concerned with 
international public health
Consumer Education and Research Centre v. Union 
of India, (1995): Right to health and medical care 
is a fundamental right under Article 21 read with 
Articles 39(c), 41 and 43 of the Constitution.
Paschim Banga Khet Mazdoor Samity v. State of 
West Bengal, (1996): Article 21 imposes an obligation 
on the State to safeguard the right to life of every 
person. Preservation of human life is, thus, of 
paramount importance.
A constitutional duty has been imposed on the state to ensure that the health and strength of workers, 
men, and women, and the tender age of children are not abused. It has to ensure that children are 
given opportunities and facilities to develop in a healthy manner and in conditions of freedom and 
dignity. Moreover, their childhood will be protected against exploitation. The health of infant and 
mother has to be protected by maternity benefit. The primary duty of the state is to improve public 
health; secure justice and humane conditions for work; extension of sickness, old age, disablement and 
maternity benefits are also contemplated. Further, the state’s duty includes prohibition of consumption 
of intoxicating drinking and drugs that are injurious to health. A mandatory duty has been imposed 
on the state to protect and impose a pollution free environment for the good health of its citizens.
IV. Right to Shelter
Right to shelter includes adequate living space, safe structure, clean and hygienic surroundings, 
sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads. It is a 
place where a person has opportunities to grow physically, mentally, intellectually and spiritually. 
Thus it includes the entire infrastructure necessary to enable an individual to live and develop as a 
human being. 
These components are discussed by the Supreme Court in the case of Chameli Singh v. State of 
U.P ., (1996). In Shantistar Builders v. Narayan Khimalal Totame, (1990) the Supreme Court 
held that the right to life would take within its sweep the right to food, the right to clothing, the right 
to decent environment and a reasonable accommodation to live in. There is a difference between the 
need of an animal and a human being for shelter. For the animal, it is the bare protection of the body 
whereas for a human being it has to be a suitable accommodation, which would allow him to grow in 
every aspect i.e. physical, mental and intellectual. Thus, right to shelter has become an integral part 
of the right to life.
V. Child Labour
Child Labour means labour by the child i.e. when the child is made to work. There are a number of 
factors to determine whether a particular kind of work can be called as ‘child labour’ or not. These 
factors include a child’s age, nature and hours of work, and the conditions under which such work is 
performed etc. Labour that jeopardises the physical, mental or moral well-being of a child is known 
as ‘hazardous work’. Such labour deprives children of their childhood, potential and dignity.
The International Labour Organization (ILO) was founded in 1919. It was the first specialized agency 
of the United Nations to deal with the labour issue. ILO started the International Programme on the 
Page 4


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Child Rights
Contents
I. Child Rights
II. Right to Education
III. Right to Health
IV . Right to Shelter
V . Child Labour
VI. Sexual Abuse
VII. Juvenile Justice
VIII. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Explain the meaning of child
• Explain various rights available to a child
• Critically evaluate child sexual abuse
• Summarise the importance of Juvenile laws 
I. Child Rights
Etymologically, the term ‘child’ is derived from the Latin word ‘infans’, which means the one who 
does not speak. According to the Convention on the Rights of the Child of 1989, a child is any 
human being below the age of eighteen years, unless under the law applicable to the child, majority is 
attained earlier. In India, a person is deemed to be a major on attaining the age of 18 years under the 
Indian Majority Act, 1875. The law, policy, and practice of child welfare has undergone a significant 
change from a historical perspective. 
Earlier, there was the concept of authority and control where the father had absolute rights over his 
children. After this, the welfare principle was reflected in the dominant ideology of the family. The 
Indian traditional view of welfare is based on daya, dana, dakshina, bhiksha, ahimsa, and tyaga. It 
was believed that welfare of children depended upon these values. It was only during the twentieth 
century that the concept of children’s right emerged. This shift in focus from the ‘welfare’ to the ‘rights’ 
approach is significant.
The rights approach is primarily concerned with issues of social justice, non-discrimination, equity, 
and empowerment. The rights perspective is embodied in the United Nations Convention on the 
CHAPTER
2
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
150
Rights of the Child 1989, which is a landmark in international human rights legislation. India ratified 
the Convention on the Rights of the Child in December, 1992. This convention gives all those basic 
human rights to children that will enable them to achieve their full potential. These include civil, 
economic, social, cultural, and political rights. The civil rights include protection from torture and 
maltreatment. Making of special rules governing the circumstances under which children may be 
deprived of their liberty also constitutes part of civil rights. The economic rights include the right to 
ensure proper development and protection from exploitation at work. The social rights include the 
right to the highest attainable standard of health services, protection from sexual exploitation and the 
regulation of adoption. Right to education is included in cultural rights.
II. Right to Education
Education is the transmission of the values and accumulated knowledge of a society. It helps children in 
knowing their culture, moulding their behaviour in the ways of adulthood and directing them towards 
their eventual role in society. Right to education is one of the fundamental rights in the Constitution 
of India under Article 21 A (inserted by 86th constitutional amendment). It provides that the state 
shall provide free and compulsory education to all children between the age of six to fourteen years 
(6-14 years). The state also has to promote the educational and economic interests of the weaker 
sections of the society, and, in particular of the Scheduled Castes and the Scheduled Tribes. The 
mandatory duty of the state to make effective provisions for securing the right to education is subject 
to its economic capacity and development. Moreover, a fundamental duty has been imposed on the 
parent or guardian to provide opportunities for education to his child or ward between the age of 
six to fourteen years (6-14 years) under Article 51 A sub clause (k) (inserted by 86th constitutional 
amendment).
The Right of Children to Free and Compulsory Education Act was passed by the Parliament in 2009. 
Some of the salient features of the Act are as given here. The Act ensures that children get education 
irrespective of their economic condition. It provides for free and compulsory education to all children 
in the age group of six to fourteen years (6 -14 years). 
The financial burden for the implementation is to be shared by state and the central government on 
basis of the Sarva Shiksha Abhiyan program of the central government. It also provides for 25% 
reservation for economically disadvantaged communities in all private and minority schools. The 
private schools have to face penalty for violating any provision of this Act.
III. Right to Health
Health is a state of complete physical, mental, and social well-being. It is not merely the absence 
of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the 
fundamental rights of every human being without distinction of race, religion, and political belief, 
economic or social condition. Healthy development of the child is one of the basic needs and the 
ability to live harmoniously in a changing environment is essential for such development. The 
extension to all people of the benefits of medical, psychological and related knowledge is essential for 
the most comprehensive attainment of health.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
151
RIGHT TO HEALTH – JUDICIAL CONTRIBUTION
The World Health Organization 
(WHO) is a specialized agency of the 
United Nations that is concerned with 
international public health
Consumer Education and Research Centre v. Union 
of India, (1995): Right to health and medical care 
is a fundamental right under Article 21 read with 
Articles 39(c), 41 and 43 of the Constitution.
Paschim Banga Khet Mazdoor Samity v. State of 
West Bengal, (1996): Article 21 imposes an obligation 
on the State to safeguard the right to life of every 
person. Preservation of human life is, thus, of 
paramount importance.
A constitutional duty has been imposed on the state to ensure that the health and strength of workers, 
men, and women, and the tender age of children are not abused. It has to ensure that children are 
given opportunities and facilities to develop in a healthy manner and in conditions of freedom and 
dignity. Moreover, their childhood will be protected against exploitation. The health of infant and 
mother has to be protected by maternity benefit. The primary duty of the state is to improve public 
health; secure justice and humane conditions for work; extension of sickness, old age, disablement and 
maternity benefits are also contemplated. Further, the state’s duty includes prohibition of consumption 
of intoxicating drinking and drugs that are injurious to health. A mandatory duty has been imposed 
on the state to protect and impose a pollution free environment for the good health of its citizens.
IV. Right to Shelter
Right to shelter includes adequate living space, safe structure, clean and hygienic surroundings, 
sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads. It is a 
place where a person has opportunities to grow physically, mentally, intellectually and spiritually. 
Thus it includes the entire infrastructure necessary to enable an individual to live and develop as a 
human being. 
These components are discussed by the Supreme Court in the case of Chameli Singh v. State of 
U.P ., (1996). In Shantistar Builders v. Narayan Khimalal Totame, (1990) the Supreme Court 
held that the right to life would take within its sweep the right to food, the right to clothing, the right 
to decent environment and a reasonable accommodation to live in. There is a difference between the 
need of an animal and a human being for shelter. For the animal, it is the bare protection of the body 
whereas for a human being it has to be a suitable accommodation, which would allow him to grow in 
every aspect i.e. physical, mental and intellectual. Thus, right to shelter has become an integral part 
of the right to life.
V. Child Labour
Child Labour means labour by the child i.e. when the child is made to work. There are a number of 
factors to determine whether a particular kind of work can be called as ‘child labour’ or not. These 
factors include a child’s age, nature and hours of work, and the conditions under which such work is 
performed etc. Labour that jeopardises the physical, mental or moral well-being of a child is known 
as ‘hazardous work’. Such labour deprives children of their childhood, potential and dignity.
The International Labour Organization (ILO) was founded in 1919. It was the first specialized agency 
of the United Nations to deal with the labour issue. ILO started the International Programme on the 
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
152
Elimination of Child Labour (IPEC) in 1992. Its main objective is progressive elimination of child 
labour. 
The Constitution of India has provided the right against exploitation as a fundamental right. A child 
who is below the age of 14 years cannot be employed in any factory or mine or engage in any other 
hazardous employment (Article 24). A duty has been imposed on the state to ensure that tender age 
of children is not abused. The state has to ensure that these children are not forced by economic 
necessity to enter into any occupation unsuited to them. 
The Child Labour (Prohibition and Regulation) Act was enacted in 1986. The objectives of this 
Act are: banning the employment of children, who have not completed their fourteenth year, in 
specified occupations and processes; laying down procedures to decide modifications to the schedule 
of banned occupations or processes; and regulating the conditions of work of children in employment 
where they are not prohibited from working.
A National Policy on Child Labour was formulated in 1987. This policy provides for strict enforcement 
of Child Labour Laws. The focus under this policy is on the General Developmental Programs on 
child labour. It provides for starting of projects in the areas having high concentration of child labour. 
In pursuance to this policy, the National Child Labour Project (NCLP) scheme was launched in 1988. 
The Scheme envisages running of special schools for children withdrawn from work.
In 2006, legislature has also taken steps towards the total elimination of child labour; it brought child 
domestic workers up to 14 years of age working in hotels, dhabas, eateries, and in the entertainment 
industry within the purview of the Child Labour (Prohibition and Regulation) Act, 1986.
VI. Sexual Abuse
Child Sexual Abuse involves any sexual activity with a child. Sexual abuse is inappropriate sexual 
behaviour with a child. It could be interaction between a child and an adult or older child, in which 
child is used for the sexual stimulation of the Perpetrator (wrong doer). It includes fondling a child’s 
genitals, making the child fondle the perpetrator (wrong doer) genitals, intercourse, incest, rape, 
sodomy, exhibitionism and sexual exploitation. Perpetrator uses deception, threats or other coercive 
methods to engage the child and maintain their silence. 
A person under the age of 18 years may also commit sexual abuse. There is significant disparity in 
age, development, or size, rendering the victim (i.e., child) incapable of giving consent. Child sexual 
abuse is broad enough to include extra-familial (outside a family) abuse as well as inter-familial 
(within family) abuse. 
An Act has been passed by the Parliament in 2012 to deal with this problem - the Protection of Children 
from Sexual Offences Act, 2012 ..(POCSO Act, 2012). This Act protects children from offences of 
penetrative sexual assault (penetration of penis or any object or part of body into the vagina, mouth, 
urethra or anus of child), sexual assault (touching vagina, penis, anus or breast of child with sexual 
intent or making a child to do so), sexual harassment (uttering words, making sounds or gesture or 
exhibiting any body part or making a child to do so), and use of child for pornographic purposes 
(using a child in any form of media for the purposes of sexual gratification).
Education programs for children are created to create awareness among children. These programs 
focus on two main goals: primary prevention (preventing the abuse from occurring), and detection 
(encouraging children to report past and current abuse). The parents play an important role in 
empowering their children to protect themselves. Accordingly, the prevention of child sexual abuse 
begins with social awareness, plus the recognition that expertise, energy, and money are needed to 
alleviate (mitigate) the conditions that produce child sexual abuse. 
School based sex education for children is appealing because it has the potential to reach large 
Page 5


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Child Rights
Contents
I. Child Rights
II. Right to Education
III. Right to Health
IV . Right to Shelter
V . Child Labour
VI. Sexual Abuse
VII. Juvenile Justice
VIII. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Explain the meaning of child
• Explain various rights available to a child
• Critically evaluate child sexual abuse
• Summarise the importance of Juvenile laws 
I. Child Rights
Etymologically, the term ‘child’ is derived from the Latin word ‘infans’, which means the one who 
does not speak. According to the Convention on the Rights of the Child of 1989, a child is any 
human being below the age of eighteen years, unless under the law applicable to the child, majority is 
attained earlier. In India, a person is deemed to be a major on attaining the age of 18 years under the 
Indian Majority Act, 1875. The law, policy, and practice of child welfare has undergone a significant 
change from a historical perspective. 
Earlier, there was the concept of authority and control where the father had absolute rights over his 
children. After this, the welfare principle was reflected in the dominant ideology of the family. The 
Indian traditional view of welfare is based on daya, dana, dakshina, bhiksha, ahimsa, and tyaga. It 
was believed that welfare of children depended upon these values. It was only during the twentieth 
century that the concept of children’s right emerged. This shift in focus from the ‘welfare’ to the ‘rights’ 
approach is significant.
The rights approach is primarily concerned with issues of social justice, non-discrimination, equity, 
and empowerment. The rights perspective is embodied in the United Nations Convention on the 
CHAPTER
2
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
150
Rights of the Child 1989, which is a landmark in international human rights legislation. India ratified 
the Convention on the Rights of the Child in December, 1992. This convention gives all those basic 
human rights to children that will enable them to achieve their full potential. These include civil, 
economic, social, cultural, and political rights. The civil rights include protection from torture and 
maltreatment. Making of special rules governing the circumstances under which children may be 
deprived of their liberty also constitutes part of civil rights. The economic rights include the right to 
ensure proper development and protection from exploitation at work. The social rights include the 
right to the highest attainable standard of health services, protection from sexual exploitation and the 
regulation of adoption. Right to education is included in cultural rights.
II. Right to Education
Education is the transmission of the values and accumulated knowledge of a society. It helps children in 
knowing their culture, moulding their behaviour in the ways of adulthood and directing them towards 
their eventual role in society. Right to education is one of the fundamental rights in the Constitution 
of India under Article 21 A (inserted by 86th constitutional amendment). It provides that the state 
shall provide free and compulsory education to all children between the age of six to fourteen years 
(6-14 years). The state also has to promote the educational and economic interests of the weaker 
sections of the society, and, in particular of the Scheduled Castes and the Scheduled Tribes. The 
mandatory duty of the state to make effective provisions for securing the right to education is subject 
to its economic capacity and development. Moreover, a fundamental duty has been imposed on the 
parent or guardian to provide opportunities for education to his child or ward between the age of 
six to fourteen years (6-14 years) under Article 51 A sub clause (k) (inserted by 86th constitutional 
amendment).
The Right of Children to Free and Compulsory Education Act was passed by the Parliament in 2009. 
Some of the salient features of the Act are as given here. The Act ensures that children get education 
irrespective of their economic condition. It provides for free and compulsory education to all children 
in the age group of six to fourteen years (6 -14 years). 
The financial burden for the implementation is to be shared by state and the central government on 
basis of the Sarva Shiksha Abhiyan program of the central government. It also provides for 25% 
reservation for economically disadvantaged communities in all private and minority schools. The 
private schools have to face penalty for violating any provision of this Act.
III. Right to Health
Health is a state of complete physical, mental, and social well-being. It is not merely the absence 
of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the 
fundamental rights of every human being without distinction of race, religion, and political belief, 
economic or social condition. Healthy development of the child is one of the basic needs and the 
ability to live harmoniously in a changing environment is essential for such development. The 
extension to all people of the benefits of medical, psychological and related knowledge is essential for 
the most comprehensive attainment of health.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
151
RIGHT TO HEALTH – JUDICIAL CONTRIBUTION
The World Health Organization 
(WHO) is a specialized agency of the 
United Nations that is concerned with 
international public health
Consumer Education and Research Centre v. Union 
of India, (1995): Right to health and medical care 
is a fundamental right under Article 21 read with 
Articles 39(c), 41 and 43 of the Constitution.
Paschim Banga Khet Mazdoor Samity v. State of 
West Bengal, (1996): Article 21 imposes an obligation 
on the State to safeguard the right to life of every 
person. Preservation of human life is, thus, of 
paramount importance.
A constitutional duty has been imposed on the state to ensure that the health and strength of workers, 
men, and women, and the tender age of children are not abused. It has to ensure that children are 
given opportunities and facilities to develop in a healthy manner and in conditions of freedom and 
dignity. Moreover, their childhood will be protected against exploitation. The health of infant and 
mother has to be protected by maternity benefit. The primary duty of the state is to improve public 
health; secure justice and humane conditions for work; extension of sickness, old age, disablement and 
maternity benefits are also contemplated. Further, the state’s duty includes prohibition of consumption 
of intoxicating drinking and drugs that are injurious to health. A mandatory duty has been imposed 
on the state to protect and impose a pollution free environment for the good health of its citizens.
IV. Right to Shelter
Right to shelter includes adequate living space, safe structure, clean and hygienic surroundings, 
sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads. It is a 
place where a person has opportunities to grow physically, mentally, intellectually and spiritually. 
Thus it includes the entire infrastructure necessary to enable an individual to live and develop as a 
human being. 
These components are discussed by the Supreme Court in the case of Chameli Singh v. State of 
U.P ., (1996). In Shantistar Builders v. Narayan Khimalal Totame, (1990) the Supreme Court 
held that the right to life would take within its sweep the right to food, the right to clothing, the right 
to decent environment and a reasonable accommodation to live in. There is a difference between the 
need of an animal and a human being for shelter. For the animal, it is the bare protection of the body 
whereas for a human being it has to be a suitable accommodation, which would allow him to grow in 
every aspect i.e. physical, mental and intellectual. Thus, right to shelter has become an integral part 
of the right to life.
V. Child Labour
Child Labour means labour by the child i.e. when the child is made to work. There are a number of 
factors to determine whether a particular kind of work can be called as ‘child labour’ or not. These 
factors include a child’s age, nature and hours of work, and the conditions under which such work is 
performed etc. Labour that jeopardises the physical, mental or moral well-being of a child is known 
as ‘hazardous work’. Such labour deprives children of their childhood, potential and dignity.
The International Labour Organization (ILO) was founded in 1919. It was the first specialized agency 
of the United Nations to deal with the labour issue. ILO started the International Programme on the 
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Elimination of Child Labour (IPEC) in 1992. Its main objective is progressive elimination of child 
labour. 
The Constitution of India has provided the right against exploitation as a fundamental right. A child 
who is below the age of 14 years cannot be employed in any factory or mine or engage in any other 
hazardous employment (Article 24). A duty has been imposed on the state to ensure that tender age 
of children is not abused. The state has to ensure that these children are not forced by economic 
necessity to enter into any occupation unsuited to them. 
The Child Labour (Prohibition and Regulation) Act was enacted in 1986. The objectives of this 
Act are: banning the employment of children, who have not completed their fourteenth year, in 
specified occupations and processes; laying down procedures to decide modifications to the schedule 
of banned occupations or processes; and regulating the conditions of work of children in employment 
where they are not prohibited from working.
A National Policy on Child Labour was formulated in 1987. This policy provides for strict enforcement 
of Child Labour Laws. The focus under this policy is on the General Developmental Programs on 
child labour. It provides for starting of projects in the areas having high concentration of child labour. 
In pursuance to this policy, the National Child Labour Project (NCLP) scheme was launched in 1988. 
The Scheme envisages running of special schools for children withdrawn from work.
In 2006, legislature has also taken steps towards the total elimination of child labour; it brought child 
domestic workers up to 14 years of age working in hotels, dhabas, eateries, and in the entertainment 
industry within the purview of the Child Labour (Prohibition and Regulation) Act, 1986.
VI. Sexual Abuse
Child Sexual Abuse involves any sexual activity with a child. Sexual abuse is inappropriate sexual 
behaviour with a child. It could be interaction between a child and an adult or older child, in which 
child is used for the sexual stimulation of the Perpetrator (wrong doer). It includes fondling a child’s 
genitals, making the child fondle the perpetrator (wrong doer) genitals, intercourse, incest, rape, 
sodomy, exhibitionism and sexual exploitation. Perpetrator uses deception, threats or other coercive 
methods to engage the child and maintain their silence. 
A person under the age of 18 years may also commit sexual abuse. There is significant disparity in 
age, development, or size, rendering the victim (i.e., child) incapable of giving consent. Child sexual 
abuse is broad enough to include extra-familial (outside a family) abuse as well as inter-familial 
(within family) abuse. 
An Act has been passed by the Parliament in 2012 to deal with this problem - the Protection of Children 
from Sexual Offences Act, 2012 ..(POCSO Act, 2012). This Act protects children from offences of 
penetrative sexual assault (penetration of penis or any object or part of body into the vagina, mouth, 
urethra or anus of child), sexual assault (touching vagina, penis, anus or breast of child with sexual 
intent or making a child to do so), sexual harassment (uttering words, making sounds or gesture or 
exhibiting any body part or making a child to do so), and use of child for pornographic purposes 
(using a child in any form of media for the purposes of sexual gratification).
Education programs for children are created to create awareness among children. These programs 
focus on two main goals: primary prevention (preventing the abuse from occurring), and detection 
(encouraging children to report past and current abuse). The parents play an important role in 
empowering their children to protect themselves. Accordingly, the prevention of child sexual abuse 
begins with social awareness, plus the recognition that expertise, energy, and money are needed to 
alleviate (mitigate) the conditions that produce child sexual abuse. 
School based sex education for children is appealing because it has the potential to reach large 
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number of young people. Parental competency programs target at risk parents (poor, young, single) 
and at risk children with the goal of providing training and social support before any abuse can occur.
VII. Juvenile Justice
The word ‘juvenile’ has originated from the Latin word ‘Juvenilis’, which means ‘of or belonging to 
youth’. Juvenile justice is the area of criminal law applicable to persons who are not old (mature) 
enough to be held responsible for criminal acts. A child is born innocent. The environmental factors 
that have stirred criminal tendencies in the child should be held responsible. The removal of these 
factors might turn the juvenile into a person of stature and excellence.
History of Juvenile Justice System in India
The primary legal framework of juvenile justice law in India was the Juvenile Justice Act 1986, 
which provided protection, treatment and rehabilitation of children and delinquent juveniles and for 
the adjudication of certain matters related to the disposition of delinquent juveniles. 
The General Assembly of the United Nations adopted a Convention on the Rights of Child on 
20th November 1989. This convention seeks to protect the best interest of juvenile offenders. The 
Convention states that to protect the social reintegration of juveniles, there shall be no judicial 
proceedings and court trials against them. The Convention led the Indian Legislation to repeal the 
Juvenile Justice Act, 1986 and to make a new law. Thus, Indian Legislation came up with a new Act 
which was called The Juvenile Justice (Care and Protection of Children) Act, 2000.
The Juvenile Justice (Care and Protection of Children) Act, 2000 was amended twice – first in 
the 2006 and later in 2011. The amendments were made to address the gap and loopholes in the 
implementation. The increasing number of cases of juvenile crimes in recent years and frightful incident 
of  Delhi Gang Rape Case, Mukesh & Anr v. State for Nct of Delhi & Ors (2017) triggered 
major changes in the criminal justice system of India. The Juvenile Justice (Care and Protection of 
Children) Act, 2000 was replaced soon by The Juvenile Justice (Care and Protection) Act, 
2015.
The Juvenile Justice (Care and Protection of Children) Act, 2015 is the primary legal framework for 
juvenile justice in India. It has brought within its ambit ‘children in need of care and protection’ and 
‘children in conflict with law’. A ‘child in need of care and protection’ means a child who is 
found without any home and ostensible means of subsistence. It includes a child who is mentally or 
physically challenged or suffering from terminal or incurable diseases with no one to look after him or 
her. It also embraces those children who are likely to be grossly abused, tortured or exploited for the 
purpose of sex or other illegal acts. It includes children having parents who are unfit to exercise control 
over them. It also incorporates children who do not have parents and no one is willing to take care of 
them. It also includes a child who is found vulnerable and is likely to be inducted into drug abuse or 
trafficking; or is likely to be abused for unconscionable gains; or a victim of any armed conflict, civil 
commotion or natural calamity. A child who is found begging or is a child living on the streets or a 
working child has also been included in this category.
A ‘child in conflict with law’ means a juvenile (person who has not attained the age of 18 years) 
who is alleged to have committed an offence (violation or breach of law) and has not completed 
eighteenth year of age as on the date of commission of such offence.
This Act also provides for proper care, protection and treatment to juveniles by catering to their 
developmental needs. It has adopted a child-friendly approach in the adjudication and disposition of 
matters in the best interest of children. It also aims at ultimate rehabilitation through various institutions 
established under this enactment. It has tried to lay down a uniform framework for juvenile justice in 
the country.