It is not uncommon to avoid serious discussions in front of children in Indian families. Even if the discussion takes place, quite often children are asked either to shut up or are sent out of the place when they try to express their opinions. When questioned, elders often respond by saying that it is not respectable for children to be involved in matters meant for adults, and that their opinions don’t hold value. However, international law guarantees children the right to express themselves freely.
The United Nations Convention on the Rights of the Child (UNCRC) says that children have the right to freely express their views in all matters affecting them, and those views should be given due weight in accordance with their age and maturity. The landmark treaty was adopted by the United Nations General Assembly in 1989, and India ratified it in 1992. This means that the Indian government has officially agreed to be bound by the terms and obligations set forth in the treaty, taking actions at the national level to ensure its compliance.
This is just one of the multiple rights that a child living in India has. Before we discuss the rights of children, let’s understand who a child is and why rights are important to them.
Who is a child?
A child is a human being who is not old enough to make rational decisions and can be conditioned in various ways. Based on cultural and social views on childhood, the age set to define a child varies globally. In India, the Juvenile Justice (Care and Protection of Children) Act, 2000 defines a child as anyone below the age of 18 years. This definition aligns with the UNCRC, which also defines a child as a person under 18 years. According to the United Nations, India is home to 436 million children as of 2023, making up close to 40% of its entire population.
Understanding Child Rights in India:
- Right to equality and against discrimination: The right is guaranteed by Articles 14 to 18 of the Indian Constitution. It focuses on ensuring that every child is treated equally and has access to the same opportunities irrespective of their gender, religion, caste, or socio-economic status. This principle aims to eliminate all forms of discrimination and ensure that all children have an equal chance to grow, learn, and contribute to society. The Indian Constitution provides specific guidelines, and the government has enacted laws to protect children against discrimination, including gender and caste-based discrimination.
- Right to freedom of expression: Article 19(1)(a) guarantees freedom of expression to all its citizens, including children. This right is crucial in a child’s life, allowing them to express their views, opinions, and concerns without fear of retaliation. It is fundamental in empowering children, ensuring their participation in all matters that affect them, and promoting their personal development. Article 12 of the UNCRC explicitly recognizes the right of a child to express views on matters that affect them, like education, health, and their living conditions. Similarly, Article 13 of the UNCRC provides children with the freedom to express, including the right to seek, receive, and impart information and ideas of all kinds. Since India ratified the UNCRC, it plays a crucial role in shaping child rights within the country.
This right empowers children to voice their thoughts, concerns, and aspirations by giving them a sense of dignity and autonomy. It encourages them to be active participants in their lives and communities rather than passive recipients of decisions made by adults. Children can learn to understand their rights and responsibilities, evaluate situations, form opinions, and develop the confidence to engage with others, helping them develop critical thinking skills.
- Right to education: Enshrined in the Indian Constitution, the right to education is not only a fundamental child right but also vital to the growth and development of children. Article 21-A of the Indian Constitution, introduced through the 86th Constitutional Amendment Act, 2002, makes education a fundamental right for children aged between six and 14 years. It mandates that the state provide free and compulsory education to all children in this age group. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), enacted in 2009, gives effect to Article 21-A and lays down the framework for providing free and compulsory education to all children. Education is not only a fundamental right but also a powerful tool. It helps combat inequality, poverty, and promotes social justice.
- Right to life: Article 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The right to life is one of the most crucial aspects of overall development and protection of children. This right guarantees the right to live with dignity, freedom from exploitation like child labor, trafficking, and child marriage. It also guarantees access to essential services like education, nutrition, healthcare, and a safe environment. It ensures that children have the opportunity to grow and develop to their fullest potential in a safe and supportive environment. Article 39(e) and (f) of the Directive Principles of State Policy protect children from abuse and exploitation and ensure that children have opportunities to develop in a healthy manner. Key legislations like the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Child Labour (Prohibition and Regulation) Act, 1986, and the Prohibition of Child Marriage Act, 2006, provide a robust framework to protect children’s rights in India.
- Right to identity: The UNCRC stresses the importance of recognizing the child’s identity and protecting their name, nationality, and family relationships. Article 7 of the UNCRC asserts that every child has the right to be registered at birth, have a name, and acquire a nationality. This guarantees the child’s legal recognition and access to rights and protections under the law. Article 8 mandates countries to protect the child’s identity without unlawful interference. In India, several legal frameworks ensure the right to identity for children, including the Registration of Births and Deaths Act, 1969, The Juvenile Justice (Care and Protection of Children) Act, 2015, The Citizenship Act, 1955, and The Protection of Children from Sexual Offences (POCSO) Act, 2012. The right to identity is essential for ensuring that children are recognized as individuals with their own rights and dignity. It also allows them to access their rights and entitlements, and is vital for their social and psychological development.
Understanding and upholding child rights in India is vital to ensure that every child has the opportunity to grow, thrive, and reach their full potential. India has made significant strides in establishing legal frameworks, such as the Right to Education Act, Juvenile Justice Act, and ratifying the UNCRC, to protect and promote the rights of children. These rights encompass a wide range of protections, including access to education, healthcare, freedom from exploitation, and the right to family and identity. Child rights are not just about granting entitlements but also about fostering a society where every child is respected, protected, and valued.
