Children Rights
Article 14
Right to Equality of the Indian constitution reads as under:
This article has two parts i.e. it guarantees ‘equality before the law’ and ‘equal protection of the laws. The former prohibits discrimination and hence is a negative concept. The latter requires the state to give special treatment to establish equality amongst all and hence it is a positive concept. This intends to say is that equals will be treated equally whilst the un-equals will have to be treated unequally.
Article 21
Right to life and personal liberty of the Indian constitution reads as under:
The term life under this article does not mean a mere existence but it infers to live a life with human dignity, right to livelihood, right to privacy, right to compensation. It involves perks and cons to make life agreeable.
Article 21A
Right of Children to Free and Compulsory Education Act, 2009 Statement:
The Eighty-Sixth Constitution Amendment Act 2002, had added Article 21-A which intends to provide free and compulsory education to all children in the age group of six to fourteen years as a Fundamental Right. Legislation that followed the insertion of Article 21A in the Indian Constitution is the Right of Children to Free and Compulsory Education (RTE) Act 2009. This right emphasizes that every child has the right to get full-time elementary education of satisfactory and equitable quality in a formal school that satisfies certain essential norms and standards.
Article 24
Right to Equality of the Indian constitution reads as under:
This article aims at the Prohibition of employment of children in factories, mines, etc. The article prohibits the employment of Children (described as those below the age of 14) and Adolescents (described as those below the age of 18) in hazardous occupations and working environments. The list of hazardous works as mentioned in the clauses of the articles includes mining, explosives, and other occupations mentioned in the Factory Act as hazardous occupations.
However, the article permits the employment of children in a family-based enterprise or audio-visual entertainment platforms, provided, they are not working during school hours during any given time. In 2017, two additional conventions were added among the Conventions of the International Labour Organisation.
Article 39(E) & Article 39(F)
Articles 39(e) and 39(f) that is included among Directive Principles of Indian Constitution respectively includes:
1. Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength.
2. Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment.
Article 46
Promotion of educational and economic interests of SC’s, ST’s and OBC’s
Article 45 is a DPSP. It is NON JUSTICIABLE. It is not legally enforceable by courts for violation and the government cannot be compelled to implement them. Hence, it’s not mandatory to provide childhood care and education to children below/of 6 years age
Article 15
Right against discrimination of the Indian constitution reads as under:
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition with regard to—
(a) access to shops, public restaurants, hotels, and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
There has been discrimination in India traditionally and has found its roots even in the modern era. This article of the constitution ensures that no one is discriminated against on any grounds. This was significant to cancel out such acts from society and to keep everyone at the same level.
Article 23
Prohibition of traffic in human beings and forced labour:
The article strictly prohibits human trafficking and forced labour. The article includes certain subsequent consequences including the Bonded Labour Abolition Act of 1976 and the Child Labour (Prohibition and Regulation) Act 1986. According to the supreme court, any person working for less than the minimum age is considered to be a part of forced labour.
Article 29
Right of Children to Free and Compulsory Education Act, 2009 Statement:
Any citizen who has a distinct, language, race, caste, or language is allowed to conserve and preach the same. It also states that and the government cannot be compelled to implement them. Hence, it’s not mandatory to provide childhood care and education to children below/of 6 years ago.
Article 45
Right of children to free and compulsory education of the Indian constitution reads as under:
Article 45 is a DPSP. It is NON JUSTICIABLE. It is not legally enforceable by courts for violation and the government cannot be compelled to implement them. Hence, it’s not mandatory to provide childhood care and education to children below/of 6 years age
Article 47
This is one of the directive principles which orders the State to “rise the level of nutrition and the standard of living to improve public health as among its primary duties.” This also includes the prohibition of intoxicating drinks and drugs which are dangerous to the health of a citizen.
