INTRODUCTION:
The future of our nation depends on the child. In which way person treat the child. On that basis only the future of our nation become. If we gave the proper guidance to the child then only our country becomes educated. Innocence, mischievous, free from any tension, always energetic that one who fall down and again stand and run, pure heart that all means childhood . Childhood is the golden phase of life as there is nothing to worry about. Children believe that the world looks like a rainbow everything seems very colorful and attractive. All the people have their childhood memories in the childhood the education child got and the childhood gives us the stamina to face anything, our health, and the way of talking, sacraments that depend on our childhood. That is why it is said that every child should get their mandatory rights. That is why in every country government is making the effort that every child gets the proper life and proper right which they all deserve. Children’s right is not different from the human right because a child is also a human but child gets some special rights . Some social activist thought children should get all the things which are necessary for them and they did not get that. According to our nation, the person who is below 18 years that is child most dominant thing is that there will be no inequality across the world.
Children also rate violent free surrounding, and they also merit life filled that is full of opportunities, children requisite get the better survival, better development, better protection and also equal participation in all field .from old age children are facing problem .they are getting abused and exploited .many of the children is living homeless.
As specify by the CRC, all the young people or the youngster require to convey childhood within the soul of harmony, respect, chance, solidarity, correspondence and the people on the world countries have the responsibilities to furnish these right by the law of international organization.
For example: In Article 6 there is a privilege to live, under Article38 outfitted clash, under Article 19 there is the right to insurance from physical, sexual, or mental ill-usages, disregarder or misuse, etc.
HISTORY:
The history of the child comes after the 19th century. For the very first time in Europe, different laws were passed for ruling child labor. Different taxes were steadily uplifted or made the education responsibility for the young children. Socialists, activist or society acknowledge that child could not be dealt with the as same way as the adult. There were some rule and regulation that had been taken that was helpful to protect the rights of the child after the First World War. The World start focusing on the rights of the child because that first important document came in which child’s right is especially recognized. The league of the nation had adopted the first declaration on 26 September 1924 and that’s name as Geneva declaration of child’s right .in this declaration every single person get to know about the right of a child. In this chapter 5 the rights of the child are discussed and the obligation of the adults, in the year 1946 the international emergence fund. UNICEF was established by the world-originating general assembly .so pre-eminence kids survive throughout the planet or glove. After the Second World War, the victim’s children face many problems. In 1948 the Universal Declaration of Human Rights, in this Article 25(2) specify the special care is needed for either the child or the mother.
In 1959 there is the declaration of child .under this it is specified that children can enjoy their rights without discrimination and guidance and protection is also provided so that they can protect themselves physically, mentally, and emotionally.
The 1966 international convention on the rights which are civil as well as political in the state and state assure that proper care should be there for all the children.
In 1979 there is the minimum age convention in this main aim was to abolish child labor. In this convention which state has the policy, they will design the one national policy in that it was assured that no child should do the child labor and minimum age will be prescribed for the child which will be a benefit for their physical, mental development.
In 1989 in this united nation general assembly has adopted the convention on the rights of child .this was came into force on 2 September 1990 and India has ratified this on 11 December. This was the ultimate ratify document that talks about child rights, human rights as well as lands right. This convention is important because in the social, cultural and economic field first-time child right is identified. This treaty is also called an extraordinary treaty because not only in peacetime but also in the army conflict it identified the rights of the child. It is an international binding law in which each state and country has to do the implementation.
In 1991 there were masters from the UNICEF .save the children like this many other organizations converge for the discussion of the intelligence that was collected from the convention.
The Endorsed Establishment of the CRIN which means rights International network in1995.
In 1999 ILO means international labor organization acquire the Worst Forms of Child Labor
Convention in that it is described that instant prohibition and annulment of any work which may be harmful to the healthy, security, or morals of children is described.
In 2000 the general assembly of UN endorse 2 protocol that was optional in that child right convention obligating the parties of state to take a modulation effort to obstruct the child from the sale of children, sexual exploitation, involvement of a child in armed conflict, abuse of a child and much more crime. We have to protect the child from such crime. In 2011 there has been a scheme launched that kids will merely tender the complaint to the committee of the rights of children this has been a golden opportunity for the children.
In 2014 in the 25th ceremony of the convention 193 members state of the UN has been ratified and the written argument that was a nod by each and one of the United States and African countries that was not sanctioned.
Problems faces by the children during lockdown:
During this situation, every single person is suffering but lockdown was the worat time for children only. Like they lost their mental stability . Social philosophers say , there is government‘s dearth focus towards the children in this tough time children facing a problem of anxiety, stress.
As the corona outset enters its fifth month the UNICEF that is an international organization of children’s fund said that health plight is briskly turning into a kid’s plight. Children are confused, frustrated, and lost in this situation they cannot come in contact with outsiders because of this their social development has been nil. Childhood is that period or chapter that builds or smears the substratum of the persona or personality and as well as emotionally resilience’s retention of any human or an individual. In the education system, the children had suffered much. Because of the lockdown, there is a restriction of going outside .kids have stilted access to socialization, not going to school, these all averting kids from access to grasp new things and learning new things and as well as restricting their interaction with peers.
Overexposure of the social site increase especially among the young child that can be harmful to them, for the kid who is glean of parent care in the institution named child care institution, children are living stress or frustrated. For example, before circumstances in public health emergencies have explained that there is an elevated likelihood of surge of violence, that also comprises gender-based or many more. These kids are in more danger .because according to the survey many million are in dangerous work and this time is very difficult for the children.
All the children have the right to an opinion that is discussed under article 12 and 13 .all the children have the choice to put their opinion .they can also disagree and agree on the matter, extricate from probe or contempt .in situation grownup should also listen and defray on a decision for the welfare of the child. May be child’s opinion may not match the real world but the guardian has to listen calmly.it is in any instance a notable wellspring of proficiency for parents and has to be an assumption of. If the child has the right to put forward their opinion in front of everyone this boosts their internal confidence then they become strong .child has the chance to voice, as long as they will not damage others with their information.
In the constitution the children’s rights are described below:
Right to equality [i]
Right of equality came under article 14. In this article Children also have the right as compared to the male and female .they also have the Right. The children are the commoner of India they also have been treated equally before the law and also equal protection of the law should be given and there should be no iniquity and absurdity. In this article, it is disused that children’s regality and morals also should not be exploited. A Major possibility is there that children are treated equally in our society.
In article 15 it is discussed that there should be no discrimination based on race, religion, caste, etc.
The Special provision does not mean equal treatment it is described in article 15 (3) it is initiate for the wellbeing and proper development of the children.
Right to Education [ii]
In the constitution it is described under Article 21A in this article it is written that the state shall impart free and compulsory education to the children who of 6 to 14 yrs. This is the fundamental right of the children .many hurdles are there in the state for delivering education to the children. And many more are there.
Next in article 24, there is the prohibition of the employment of children in a factory.
In this, no child who is strive of the age of 14 shall be allowed to work in any place whether it can be any factory or mine or not allowed to occupy in any other place which is harmful to them.
A Tricky environment may embrace railway construction. UNICEF evaluates that high populated India has a high rate of child labor. After the independence colonial rule, has passed many laws for the protection of children.
Rights of childrens are also mentioned in DPSPs:
Under article 39(e) protection of the health of child .it is the state’s responsibility to certify that no child faces abuse.
Under article 39 [1] (f) these children are given a chance and amenity to develop their dignity and youth also should be protected against exploitation. This provision also stated that opportunities are also given for the explorer.
There are various sections of IPC discussed that protect children’s rights.
Under section 369 of IPC, it is stated punishment is there for kidnapping a child under the age of 10 with a desire to pilfer from its person. [iii]
Under 366A of IPC states that punishment will be there for the propagation of girls means to prohibited intercourse .this section protects the girls’ child by taking strict action against the criminals
And under sections 372 and 373 it stated that punishment will be given to the criminal for selling or buying the ownership of a person who is below the age of 18 years or banned activity or unlawful activity.
The Government has started making an effort for protecting their rights.
Prohibition of child marriage 2006:
Our government becomes sincere about the future of kids that is why they introduce this act after the sustained of the child marriage restrain act. The main important motive of this act is to avert the child from the marriage. Act certifies that child marriage has entirely vanished from society. A Child is who does not attain the age of 18 in the female and in the male who does not attain the age of 21 years that is a child.
Juvenile Justice Act 2015:
This act gives a particular approach to safeguard, care, and blooming of the children. In this, mentioned that how the child is protected in a home or a without a home, etc. under section 15 spesh arrangements had made to handle the child offender who committed the wicked offenses who are below the age of 16 to18.
There is a case named Sheela Barse v. The Secretory Children’s Aid society and Ors[v]
In this case, it was filed that it is written that conventional functioning is not there of a child in the Mumbai institution. Supreme Court stated that no instance should child retain in jail and central law should ratify to escort consistency in the juvenile.
CONCLUSION :
At present time still in some places this child marriage and child labor are still going in society.
The main cause of this child labor is deprivation .there is much crime that is still happing like murder, kidnapping. The future of our country anticipates upon how the child blossom so that it is the responsibility of the state to take care of the rights. It is also seen that in the above laws that are mentioned that government is taking effort for reducing the crime and make sure that children should get all rights properly as the law should be nourished its harshness and all the punishment should inject the fear in the mind of criminals .sadly a massive number of youngster are retracted of their youth and also right of instruction now a days Children are misusing their rights. Now days most of the children enjoy their privacy they don’t have that much time or they don’t want to spend the time with their parents. This is the theory name deterrent theory this is the punishment theory that blocks the crime of lawbreakers and shows them fear that they will work under the parameter of law this theory should be obeyed in India.
References:
[i] Article 14 of the India Constitution
[ii] Article 21A of the Indian Constitution
[iii] Section 369 of India Penal Code
[iv] https://blog.ipleaders.in/legal-framework-protection-child-rights
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