Why Child Rights?

The United Nations Convention on the Rights of the Child (UNCRC) defines a child as a human being below the age of 18. Since children are considered possession of parents in our society and they entirely rely on adults for the fulfilment of all basics needs, they become prone to abuse and exploitation.  Abuse and exploitation at this tender age can have a lifelong effect. Thus the protection of children's rights is important for a healthy future society.

International Guidelines

India ratified the United Nations Convention on the Rights of the Children in 1992. It gives the following rights to children:

• The Right to an Identity (Articles 7 and 8)
• The Right to Health (Articles 23 and 24)
• The Right to Education (Article 28)
• The Right to a Family Life (Articles 8, 9, 10, 16, 20, 22 and 40)
• The Right to be Protected from Violence (Articles 19 and 34)
• The Right to an Opinion (Articles 12 and 13)
• The Right to be Protected from Armed Conflict (Articles 38 and 39)
• The Right to be protected from Exploitation (Articles 19, 32, 34, 36 and 39).

Constitutional Rights

Right to equality (Article 14), Right against discrimination (Article 15), Right to personal liberty and due process of law (Article 21), Right to being protected from being trafficked and forced into bonded labour (Article 23), Right of minorities for protection of their interests (Article 29) are some fundamental rights available to adults as well as children. The Directive Principles of State Policy, though not enforceable, provide following guidelines – Protection of the weaker sections from social injustice and all forms of exploitation (Article 46), Duty of the State to raise the level of nutrition and the standard of living and to improve public health (Article 47).

Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A), Right to be protected from any hazardous employment till the age of 14 years (Article 24) are some fundamental rights specifically for children. Some articles in DPSP provide guidelines for the welfare of children. Article 39(e) aims towards the protection of children from abuse and entering avocations unsuited to their age. Article 39(f) seeks for development of children in a healthy manner with freedom and dignity. Article 51 A (k) makes it a fundamental duty of a parent or guardian to provide educational opportunities to his child/ward of age 6-14.

Important laws related to Child Rights

• Child Marriage Restraint Act, 1929 (Amended in 1979): Applicable to all religions. Restraints child marriage (below 18 for females and below 21 for males).
• Immoral Traffic (Prevention) Act (Amended in 1986), 1956: It aims at preventing children from trafficking for prostitution.
• Child Labour (Prohibition and Regulation) Act, 1986: Regulates the working conditions for children in employment and prohibits the working of children in certain kinds of employment.
• Juvenile Justice (Care and Protection of Children) Act, 2000:  It requires that the state provides free legal support to the juveniles, and proper care and protection is provided to those in need. Provides for a child-friendly approach in adjudication and disposition of matters involving children.
• Protection of Children from Sexual Offences Act, 2012: This act is against a child (below 18 years) sexual abuse. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

Protection against Verbal Child Abuse

Child abuse need not necessarily contain violence. Verbal or emotional abuse can be as harmful and long-lasting as physical abuse. Verbal abuse involves the use of foul and abusive language for a child. A person who suffered verbal abuse in childhood is likely to experience low self-worth and self-esteem.

Verbal child abuse is punishable under the following laws:

• Section 503 IPC: Verbally threatening a child to cause injury or harm constitutes criminal intimidation. Punishment for criminal intimidation is given under section 506 of IPC.
• Section 509 IPC: Verbally abusing a girl child to insult her modesty is punishable under this section.
• Section 294 IPC: Verbally abusing a child in a public place with obscene words is punishable under this section.

How to report Child Abuse?

To report child abuse in India:

• Online system: Sexual abuse can be reported through the Protection of Children from Sexual Offences (POCSO) e-Box. These reports are received by the National Commission for Protection of Child Rights.
• Report to police: Child abuse can be reported to the police. Call police helpline for immediate help. FIR will be lodged followed by a further investigation by police. If it so happens the police station refuses to lodge an FIR or to record any information, a copy of such information shall be sent to the Superintendent of the Police or the Assistant Commissioner of Police in writing, along with the statement that the approached Police Station refused to lodge the FIR or record the information in question. A copy of the writing must also be sent to the Commissioner of Police, the Deputy Commissioner of Police and the Senior Police Inspector. It must be noted that the POCSO Act makes it illegal to not report suspected child abuse after witnessing it.
• Report to NGOs: Many NGOs working for child rights. Child abuse can also be reported to these NGOs for assistance. Some examples are HAQCRC, CRY, Childline India Foundation, etc.

By

Vatsla Shrivastava, I Year LLB
National law institute University, Bhopal