Rights of Children in India

Every child has the same fundamental rights as adults and some specific rights that recognize their unique needs. Children are not the property of their parents or helpless objects of society. They are human beings who deserve everything and are protected by their rights.

The Convention on the Rights of the Child sets out these rights to ensure that every child can develop to their full potential. In India, various legal provisions, including the Constitution of India, international conventions, and national laws, enshrine the rights of children. Child protection laws ensure that these rights are respected and upheld. However, challenges still exist in ensuring that every child's rights are fully realized. 

This article provides an overview of the rights of children in India and the legal provisions that protect them, highlighting the ongoing efforts to overcome these challenges.

Right To Health

Every child has the right to get an adequate standard of health and to obtain essential medical treatment and care. The right to health is a fundamental right guaranteed to all citizens of India, including children, under Article 21 of the Constitution. The States parties realize the child's right to get the required standard of health and facilities for the cure of illness and restoration of their health. They aim to provide that no child is denied their right to access get all needed healthcare facilities.

Right to Education

Under Article 21A of the Constitution of India, the right to education is a fundamental right guaranteed to all children in the age group of 6-14 years. The government of India has enacted the Right to Education Act, 2009, which provides for free and compulsory education to all children in this age group.

Every child must go to elementary school. And no one should give board examinations until they complete their elementary education. If a child is over six and hasn't been admitted to any school, they must attend class according to age. Yet, if a case may be where a child is directly admitted to the class appropriate to their age, then, to be at par with others, they should have a right to get special training within that period. Provided further that a child admitted to elementary education shall be allowed free education until the completion of elementary education, even after sixteen.

Right to protection against abuse 

Article 39(e) of the Constitution of India states that the state shall direct its policy towards ensuring that the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

A child has the right to be saved from all kinds of exploitation, abuse, and violence, such as trafficking & Sexual abuse. The right to get the protection of families and children implies that the government must adopt certain steps to protect children. They should also consider the child's best interest in all steps affecting a child.

India has enacted several laws and policies aimed at protecting the rights of children, including the Protection of Children from Sexual Offences Act (POCSO), the Juvenile Justice (Care and Protection of Children) Act, and the National Policy for Children. These laws and policies are aimed at preventing and addressing child abuse, providing care and protection to children in need, and ensuring their overall development and well-being.

Right To Non-Discrimination

Every child has the right to get protection against bias depending on religion, race, gender, or any other status. Convention of Human Rights ensures that every child has the right to enjoy their human rights without discrimination. The Convention's article 14 ensures that every child can enjoy their rights without bias depending on caste, creed, or another status. 

Right to freedom of expression

Children have the right to express themselves freely, subject to reasonable restrictions that may be imposed in the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality.Under the Indian Constitution, Article 19(1)(a) guarantees the right to freedom of speech and expression. This right is available to all citizens of India, including children.

Right to being protected from Child labour

children have the right to be protected from child labor under the Constitution of India, various laws, and international conventions.The Child Labour (Prohibition and Regulation) Act, 1986 prohibits the employment of children below the age of 14 in hazardous occupations and regulates their employment in non-hazardous occupations. The act also prohibits the employment of adolescents (between the ages of 14 and 18) in hazardous occupations and regulates their employment in non-hazardous occupations. 

Right to being protected from child marriage

In India, child marriage is a serious violation of children's rights, and there are several legal provisions aimed at protecting children from this harmful practice.

The Prohibition of Child Marriage Act, 2006 is the primary law in India that prohibits child marriage and provides for the punishment of those who promote or conduct child marriages. The act defines child marriage as any union where either the bride is under 18 years old or the groom is under 21 years old. For more details on legal age requirements and related regulations, visit our guide on the Legal Age for Marriage for Boys and Girls.

Right to equal opportunities and facilities

Article 39(f) of the Constitution of India guarantees children the right to equal opportunities and facilities for their development. This provision emphasizes the importance of providing children with an environment that fosters their physical, mental, and social development, and ensures that they have access to equal opportunities and resources for their growth.

Right To Non-Discrimination

Every child has the right to get protection against bias depending on religion, race, gender, or any other status. Convention of Human Rights ensures that every child has the right to enjoy their human rights without discrimination. The Convention's article 14 ensures that every child can enjoy their rights without bias depending on caste, creed, or another status.