The UN convention on the Rights of Child which India ratified in 1992, lists the following as the Rights of the child.
The Right to Survival
According to the convention, the “Right to survival includes the right to life, the attainable standard of health, nutrition and an adequate standard of living. It also includes the right to a name and nationality”. These rights seek to ensure that the children have nutritious food, potable drinking water, a secure home and access to health facilities.
The Right to Protection
According to the convention, this right includes freedom from all forms of exploitation, abuse and inhuman or degrading treatment. This Includes the right to special protection in situations of emergency and armed conflict. The aim is simple, to protect vulnerable children from those who would take advantage of them and to safeguard their minds and bodies.
The Right to Development
The right includes the right to be educated, to receive support for development and care during early childhood and to social security. It also includes the right to leisure, to recreation and to cultural activities. This right seeks to ensure that children can study and play with whomever they want, practice their own religion and culture and accept their own uniqueness of other cultures and religion.
The Right to Participation
According to the convention, the Right to participation accords the child access to appropriate information and the freedom of thought and expression, conscience and religion. In addition to this, one ought to respect the views of the child. The aim here is to see that the children are able to develop their own set of values and principles and that they have the opportunity to express themselves and their own opinions.
Apart from the Rights of Child laid down by the U.N. Conventions following are some of the Rights of child laid down by different Acts & the Indian Constitution:
- No person below eighteen years of age shall be allowed to work in any mine or part thereof (The Mines (Amendment) Act 1983).
- No child who has not completed his fourteenth year shall be required or allowed to work in any factory (The Factories Act, 1948).
Special Rights for Children
- Nothing is an offence which is done by a child under seven years of age. (Sec. 82 IPC).
- Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion. (Sec.83 IPC).
The Juvenile Justice Act, 1986 was enacted to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters related to and disposition of delinquent juveniles.
- Special Provisions Relating to a Girl Child.
- Measures to prevent all forms of discrimination against girl child.
- Elimination of all forms of discrimination against the girl child.
- Elimination of negative cultural, attitudes and practices against girls.
- Elimination of discrimination against girls in education, skill, development and training.
- Elimination of girl child labor.
- Elimination of violence against the girl-child.
- Promoting the girl-child’s awareness of and participation in social, economic and political life.
- Strengthening the role of the family in improving the status of the girl-child.
- Duty of Government to direct its policies to eliminate discrimination against girl child.
The Juvenile Justice (Care and Protection of Children) Act, 2000 inter- alia prohibits
- Lodging of children in jails and police lock-ups and lays down procedures including norms for investigation and trial in cases of juvenile crimes.
- Publication of names and other details of juveniles who are involved in any proceeding under the Act.
- Trial of juveniles with adults.
- It provides that in matters concerning bail normally a juvenile shall not be denied bail.
- It also sets out procedure for rehabilitation and social reintegration of children.