CONSTITUTION OF INDIA
CONSTITUTION OF INDIA
There are several constitutional provisions for children. These include the following:-
- Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
- Article 15(3) provides that, “Nothing in this article shall prevent the State for making any special provision for women and children.”
- Article 21 provide that no person shall be deprived of his life or personal liberty except according to procedure established by law.
- Article 21A directs the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
- Article 23 prohibits trafficking of human beings and forced labour.
- Article 24 prohibits employment of children below the age of fourteen years in factories, mines or any other hazardous occupation.
- Article 25-28 provides freedom of conscience, and free profession, practice and propagation of religion.
- Article 39(e) and (f) provide that the State shall, in particular, direct its policy towards securing to ensure that the health and strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength and that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment.
- Article 45 envisages that the State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.
LEGISLAION’S
There are several Legislations pertaining to children. These include the following.
- The Child Marriage Restraint Act, 1929.
- The Child Labour (Prohibition and Regulation) Act, 1986.
- The Juvenile Justice (Care and Protection of Children) Act, 2000.
- The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
- The Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994.
- The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
- The Immoral Traffic (Prevention) Act, 1956.
- The Guardian and Wards Act, 1890.
- The Young Persons (Harmful Publications) Act, 1956.
- The Commissions for Protection of Child Rights Act, 2005
POLICIES
National Policy for Children, 22-08-1974
The National Policy for Children was adopted on 22nd Aug.,1974. This Policy lays down that the State shall provide adequate services towards children, both before and after birth and during the growing stages for their full physical, mental and social development. The measures suggested include amongst others, a comprehensive health programme, supplementary nutrition for mothers and children, free and compulsory education for all children up to the age of 14 years, promotion of physical education and recreational activities, special consideration for children of weaker sections like SCs and STs, prevention of exploitation of children, etc.
The Government of India adopted the National Charter for Children which has been prepared after obtaining the views/comments and suggestions of the State Governments/UT Administrations, concerned Ministries and Departments and experts in the field. The National Charter is a statement of intent embodying the Government’s agenda for Children. The document emphasizes Government of India’s commitment to children’s rights to survival, health and nutrition, standard of living, play and leisure, early childhood care, education, protection of the girl child, empowering adolescents, equality, life and liberty, name and nationality, freedom of expression, freedom of association and peaceful assembly, the right to a family and the right to be protected from economic exploitation and all forms of abuse. The document also provides for protection of children in difficult circumstances, children with disabilities, children from marginalised and disadvantaged communities, and child victims. The document while stipulating the duties of the State and the Community towards children also emphasizes the duties of children towards family, society and the Nation. The National Charter for Children was notified in the Gazette of India on 9th Feb., 2004.
India acceded to the UN Convention on the Rights of the Child on 11th Dec., 1992 to reiterate its commitment to the cause of children. The objective of the Convention is to give every child the right to survival and development in a healthy and congenial environment.
India is also party to the Millennium Development Goals and the SAARC Conventions on Child Welfare and Combating Trafficking of Women and Children in SAARC Region.
National Plan of Action for Children 2005 M/o of Women and Child Development has prepared a National Plan of Action for Children 2005 after harmonizing the goals for children set in the UN General Assembly Special Session on Children held in 2002 and the monitorable targets set in the Tenth Five Year Plan, and goals for children in related Ministries/Departments. The Action Plan has been prepared in consultation with concerned Ministries and Departments, States/Union territory Governments, Non Governmental Organizations and experts. The National Plan of Action includes goals, objectives, strategies and activities for improving nutritional status of children, reducing IMR and MMR, increasing enrolment ratio and reducing drop out rates, universalization of primary education, increasing coverage for immunization etc. The Prime Minister’s Office is quarterly monitoring the National Plan of Action for Children 2005 on the basis of eight parameters. These are as under:
1. Reduce IMR to below 30 per 1000 live births by 2010.
2. Reduce Child Mortality Rate to below 31 per 1000 live births by 2010.
3. To reduce Maternal Mortality Rate to below 100 per 100,000 live births by 2010.
4. Universal equitable access and use of safe drinking water and improved access to sanitary means of excreta disposal by 2010.
5. 100% rural population to have access to basic sanitation by 2012.
6. To eliminate child marriages by 2010
7. To eliminate disability due to poliomyelitis by 2007
8. To reduce the proportion of infants infected with HIV by 20 percent by 2007 and by 50 percent by 2010, by ensuring that 80 per cent of pregnant women have access to ante natal care, and 95 per cent of men and women aged 15-24 have access to care, counseling and other HIV and prevention services.
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