Dr. Ruchi Thakur,
Dr. Vishal Sharma
Children are an important part of the human society. The children of today are the future of tomorrow; this argument presumes has special significance in India as children (0-14 years) comprise one third of the total population . India is home to the largest number of children in the world, significantly larger than the number in China. The country has 20 per cent of the 0- 4 years child population of the world.
According to Article 1 of UNCRC, every human being below the age of 18 years is considered a child. As per Educational Statistics (2001), the child population in India from 0 – 18 years is 442 million, which is 43.06% of the total population and they are to be allowed to enjoy their rights. It is estimated that about 40 per cent of children are in difficult circumstances or vulnerable which include children without family support, children forced into labour, abused/ trafficked children, children on the streets, children affected by substance abuse, by armed conflict/civil/unrest/natural calamity etc. survival, growth, development and protection of these very large numbers therefore need priority, focus and attention (Report of the working group on Child Rights, 2012-2017). In India, children’s vulnerabilities and exposure to violations of their rights remain spread and multiple in nature. The manifestations of these violations are various; malnutrition, inadequate health care, feticide, infanticide, school dropout, child marriage many other forms of violence and abuse. Child beggary, Child labour, Child trafficking, Child sexual/physical abuse etc are the heinous crimes committed against children reflecting in the intensity of Child Rights violation in the contemporary society. National Census (2011) reported that in India 47 out of every 1000 live births do not complete their first year of life, 10.12 million child labourers are aged between 5 to 14 years, out of the 400 million children, every second child is malnourished and over 81.5 lakh children don’t go to school.
Children’s rights were recognized after the Ist World war, with the adoption of the Declaration of Geneva, in 1924. The process of recognition of children’s rights continued thanks to the UN, with the adoption of the Declaration of Children’s Rights in 1959. The recognition of the child’s interest and his rights became real on 20 November 1989 with the adoption of the International Convention on the Rights of the Child. World leaders, in 1989 decided that children needed a special assembly just for them because people under 18 years old often need special care and protection that adults do not. The child rights came into existence in 1990 and further it was rectified in 1992. According to UNICEF, Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights-civil, cultural, economic, political and social rights. The Convention on the Rights of the Child, sets out these rights in 54 articles and two Optional Protocols. On 25 May 2000, two optional protocols were adopted i.e. the First optional protocol to the CRC on the involvement of children in military conflicts and the second optional protocol exclude the sale of children, child prostitution and child pornography. Both protocols have been ratified by above 150 states. In December 2011, third optional protocol relating to communication of complaints was adopted, on 28 February 2012, opened for signature and came into effect on 14 April 2014.
India is committed to safeguarding the rights of its children. Children’s rights have become a significant field of study during the past decades, largely due to the adoption of the United Nations Convention on the Rights of the Child (UNCRC) in 1989. The Constitution of India through various key provisions recognizes the vulnerabilities faced by children and upholds their right to protection. Article 15 (3) of the Constitution guarantees special attention to children through necessary and special laws and policies that safeguard their rights.
The convention on the rights of the child speaks of four sets of civil, political, social, economic and cultural rights of every child. They consist of various rights. Survival rights include the child’s right to life, the highest attainable standards of health, nutrition and adequate standards of living. Development rights include the right to education, support for early childhood development and care, social security and the rights to leisure, recreation and cultural activities. Protection rights includes the right to freedom from all forms of exploitation, abuse, inhuman or degrading treatment and neglect including the right to special protection in situations of emergency and armed conflicts. Participation rights includes the rights to respect for the views of the child, freedom of expression, access to appropriate information, and freedom of thought, conscience and religion.
People are not aware about their rights due to lack of education. Children are being tortured, forced to work as labour, killed in the name of militant, traffic, rape, etc. These are happening because of lack of education of parents, poor economic status of the society, and negligence, ignorance, discrimination and exploitation by both the state and the Central Governments. Parents, teachers and members of the society can play an important role in children’s life. Children spent their time in home, the parents and members of the society are shapers of children’s view and concepts.
The child considers his parents as the role model. It is necessary for all parents to know about the child rights which will lead better life of children and the society as they have important role in developing the society when they become mature. However, access to early child care, education, nutrition, health and juvenile justice is essential for their positive development and is a right to which they are entitled to by the state. Hence, it is imperative that they receive care, protection, essential services, and opportunities which rightfully belong to them. Children should be able to fight for their own rights then it is highly essential that parents, teachers and right holders make sure that children are aware of their rights and the CRC. However, today a good number of children lack the correct knowledge about their own rights. Article 42 in the UNCRC is emphasizing the need to not only make the rights known among children but also adults.
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