Understanding Child Rights

In India, children below the age of 18 years, account for almost 472 million of its population, however of the 49 Articles enumerated in Part III, (Fundamental Rights) and Part IV (Directive Principles of State Policy) of the Constitution of India only five articles mention about the rights of children in an explicit manner. Apart from this, there are only eight legislations in India that deal with the protection of the rights of children. It is evident form this as to how seriously we take rights of children in India. The biggest problem with the legislative framework relating to rights of children in India is that every legislation defines ‘child’ differently, which creates a dilemma and also sets the stage for injustice primarily because whether a person is or is not a child will depend upon the law that is being invoked in a given case.

In my opinion right to life and access to health services are two of the most basic human rights of not just children but also of any human being. The data relating to infant mortality and perinatal mortality points towards a very skewed picture of the above-stated rights of children in India. Apart from this no accurate data (relating to mortality) being available for older age children (above 5) shows that there is very little or no targeted programming for older age groups. It is also noteworthy that the budget of 2020 allocated only Rs. 27,059 Crores of the Rs. 27.86 Lakh Crores towards the activities relating to health of children, which paints a very grim picture of children’s rights in India. 

Another contentious child rights issue is ‘child marriage’. Census of 2011 reveals that over 27 lakhs children in the 10-14 age group were married in India. The data also showed that about 1.7 lakh children in this tender age group were already widowed, separated or divorced. This issue is not only serious in itself but is also interconnected with various other basic rights of children especially of girls such as denying young girls the right to education, violation of their right to life by pushing them in slavery-like practices including sexual slavery, child servitude, child trafficking and forced labour. When girls are denied their basic rights such as right health, education and personal security, their intellectual, financial, social and personal development is stunted. A serious anomaly relating to child marriage in India is that child marriage in India has not been declared as void but is only prohibited and there is no specific provision that addresses the situation of children who were married even before the law could prevent it.

Another serious but not so often talked about child rights issue is state population policies and their impact on children. When the Supreme Court upheld the constitutional validity of disqualifying candidates with more than two children under the Haryana Panchayati Raj Act, 1994, it opened a pandora box because many are choosing to give away their ‘excess’ children in adoption or disown them in order to stand for elections. Furthermore, the discontinuing facilities after the second child is born is bound to have an impact on the status and value of the girl child in the family. All these developments are definite formulas for gender discrimination and continuation of prenatal sex selection in the country. 

In my opinion there is an urgent need to constitute a National Coordination and Action Group for Children under the Minister-in-charge of the Ministry of Women and Child Development to monitor the progress and proper development of children in India. Further it is also essential that the government ensures that there is appropriate resourcing of progressive frameworks that helps it achieve constitutional and national policy commitments relating to the basic human rights of children. In this regard the government must look towards child budgeting which is an important analytical tool that facilitates in taking stock of commitment made by the Government towards all kinds of investments for children. In the end it is very essential to note that the need of the hour is to ensure full implementation of all the measures spelled out under each of the key areas of the National Policy for Children which includes survival, health and nutrition; education and development; protection; and participation.