Child Rights Chapter Notes | Legal Studies for Class 11 - Humanities/Arts PDF Download

Child Rights

The term 'child' originates from the Latin word 'infans,' meaning someone who cannot speak.

According to the 1989 Convention on the Rights of the Child, a child is any individual under eighteen years old, except where legal adulthood is earlier.

• In India, a person is considered a legal adult at the age of 18 under the Indian Majority Act, 1875.
• The concept of child welfare has evolved significantly over time.
• Historical Perspective: In the past, fathers had absolute authority over their children. This shifted towards a welfare-oriented ideology within families.
• Traditional Indian View: Child welfare was traditionally based on values like daya, dana, dakshina, bhiksha, ahimsa, and tyaga.
• Emergence of Children's Rights: The 20th century saw a transition from a welfare-centric approach to a rights-based perspective.
• Rights Approach: Focused on social justice, non-discrimination, equity, and empowerment.
• The United Nations Convention on the Rights of the Child (1989) embodies the rights perspective.
• India ratified this convention in December 1992, granting children basic human rights to fulfill their potential.

Types of Rights: 
1. Civil rights (protection from torture, maltreatment)
2. Economic rights (development, protection from exploitation)
3. Social rights (healthcare, protection from exploitation and adoption regulation)
4. Cultural rights (right to education).

Right to Education

• Education: It involves passing on the values and knowledge of a society. It plays a crucial role in helping children understand their culture, shaping their conduct as they grow, and guiding them towards their future societal roles.

• Constitutional Right: The Constitution of India, through Article 21 A (inserted by the 86th constitutional amendment), guarantees the right to education as a fundamental right. It mandates free and compulsory education for all children aged six to fourteen years.
• State's Responsibilities: The state is obligated to support the educational and economic interests of marginalized sections, including Scheduled Castes and Scheduled Tribes. The state's duty to ensure education is dependent on its economic capacity and development.
• Parental Duty: Article 51 A sub clause (k) (inserted by the 86th constitutional amendment) imposes a fundamental duty on parents or guardians to provide educational opportunities to children aged six to fourteen years.
• Legislation: The Right of Children to Free and Compulsory Education Act was enacted in 2009 to ensure education for all children, regardless of their financial status.

Salient Features:

• Free and compulsory education for children aged six to fourteen years.
• Financial burden shared by the state and central governments based on the Sarva Shiksha Abhiyan program.
• 25% reservation for economically disadvantaged communities in private and minority schools.
• Penalties for private schools violating the Act's provisions.

Right to Health

• Health Definition: Health encompasses complete physical, mental, and social well-being, not just the absence of illness.
• Fundamental Rights: Enjoying the highest standard of health is a fundamental right for all individuals, regardless of race, religion, or social status.
• Child Development: Healthy child development is crucial, requiring a conducive environment for harmonious living and growth.
• Benefits Dissemination: Providing medical, psychological, and related knowledge benefits all individuals in achieving optimal health.
• State Responsibilities: The state is constitutionally obligated to safeguard the health and well-being of workers, women, children, and ensure their development in freedom and dignity.
• Maternity Protection: Ensuring the protection of the health of infants and mothers through maternity benefits is a priority.
• Public Health: The primary role of the state is to enhance public health, ensure just working conditions, and provide support for sickness, old age, disability, and maternity.
• Substance Control: The state must prohibit the consumption of substances harmful to health, such as intoxicating drinks and drugs.
• Environmental Protection: A crucial duty of the state is to maintain a pollution-free environment to promote the good health of its citizens.

Right to Shelter

The right to shelter encompasses various essential elements for a dignified living space, including adequate living conditions, safety, cleanliness, and access to basic amenities like light, air, water, electricity, sanitation, and infrastructure for personal growth.

Supreme Court Cases:

• Chameli Singh v. State of U.P., (1996): Components of right to shelter detailed.
• Shantistar Builders v. Narayan Khimalal Totame, (1990): Right to life includes food, clothing, decent environment, and suitable accommodation for growth.

Human vs. Animal Shelter: For animals, shelter means basic body protection, while for humans, it signifies a conducive living space for holistic development - physical, mental, and intellectual.

Integral Right: The right to shelter is intricately linked to the right to life, encompassing fundamental necessities for human existence and growth.

Child Labour

Child Labour refers to children being made to work, involving factors like age, nature of work, hours, and working conditions.

• Hazardous Work: Labour that endangers a child's physical, mental, or moral well-being is termed hazardous work, robbing children of their childhood, potential, and dignity.
• International Labour Organization (ILO): Established in 1919, the ILO initiated the International Programme on the Elimination of Child Labour (IPEC) in 1992, aiming for the gradual eradication of child labour.

Legal Framework in India:

• According to the Indian Constitution, children under 14 years are safeguarded from employment in hazardous occupations (Article 24).
• The Child Labour (Prohibition and Regulation) Act of 1986 aims to prohibit child employment under 14 years and regulate working conditions for older children.
• The National Policy on Child Labour (1987) emphasizes law enforcement, developmental programs, and the establishment of special schools for rescued children.
• In 2006, amendments further extended protections to child domestic workers under 14 years in specific industries.

Sexual Abuse

Child Sexual Abuse encompasses any sexual activity involving a child, characterized by inappropriate sexual behavior.

Forms of Abuse: Fondling a child's genitals, coercion for sexual stimulation, intercourse, incest, rape, sodomy, exhibitionism, and sexual exploitation.
Perpetrator's Methods: Perpetrators use deception, threats, or coercion to engage children and maintain their silence.
Age Considerations: A person under 18 years may also commit sexual abuse due to incapacity to give consent.
Legislation: The Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012) was enacted by the Parliament to address child sexual abuse.
Offenses Covered: Includes penetrative sexual assault, sexual assault, sexual harassment, and use of child for pornographic purposes.
Prevention and Awareness:

• Education programs aim for prevention and detection of abuse, encouraging children to report incidents.
• Parents play a crucial role in empowering children to safeguard themselves.
• Social awareness, expertise, and resources are vital to mitigate conditions leading to child sexual abuse.

Educational Initiatives: School-based sex education and parental competency programs target prevention through awareness and support.

Juvenile Justice

The term 'juvenile' originates from the Latin word 'Juvenilis', signifying 'of or belonging to youth'.

• Juvenile justice pertains to criminal law concerning individuals not mature enough to be accountable for criminal actions.
• Children are born innocent, and external influences contributing to criminal tendencies should be accountable.
• Eliminating these influences can transform juveniles into individuals of excellence.

History of Juvenile Justice System in India:

• The primary legal framework was the Juvenile Justice Act 1986, focusing on the protection, treatment, and rehabilitation of children.
• The UN Convention on the Rights of the Child led to the enactment of a new law in India, the Juvenile Justice (Care and Protection of Children) Act, 2000.
• Subsequent amendments in 2006 and 2011 aimed to address implementation gaps.
• The Delhi Gang Rape Case in 2012 prompted significant changes, culminating in the Juvenile Justice (Care and Protection) Act, 2015.

Provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015:

• Encompasses 'children in need of care and protection' and 'children in conflict with law'.
• 'Child in need of care and protection' includes those without proper care, facing abuse, exploitation, or other vulnerabilities.
• 'Child in conflict with law' refers to juveniles alleged to have committed offenses before turning 18.
• Emphasizes a child-friendly approach, developmental needs, and rehabilitation through specialized institutions.
• Establishes a uniform framework for juvenile justice in India.

Juvenile Justice System

Sheela Barse v. Secretary, Children's Aid Society: The Supreme Court emphasized that children should not be kept in observation homes for extended periods. During their stay, they should be engaged in activities promoting adaptability, self-confidence, and human values.

Sanjay Suri v. Delhi Administration: A report highlighted the mistreatment of minors in Tihar Jail, leading to Supreme Court intervention. An inquiry revealed instances of adult prisoners sexually assaulting children, prompting immediate actions such as releasing undertrial prisoners and granting parole to convicted minors.

Salient features of The Juvenile Justice (Care and Protection) Act, 2015:

• Crime Categorization: The Act classifies crimes into petty, serious, and heinous offenses.
• Juvenile Justice Boards: Each district has a board consisting of judicial members and social workers to handle cases involving children in conflict with the law.
• Institutional Care: Juveniles, except in heinous cases, receive institutional care for a maximum of three years as determined by the Juvenile Justice Board.
• Heinous Crimes: Minors aged 16-18 accused of heinous crimes can be tried as adults based on the Board's discretion.