Question

A case study where the laws of the constitution have protected the rights of children

Answer 1

The Indian constitution is the fundamental documents of the country where the equality is the basic principle. This documents consist of Article 14, which emphasize on “EQUALITY BEFORE LAW” which means every citizen of this country are to be treated equally and no one will be discriminate or deprived by law. Article 14 of the Indian constitution also provides the protection for every individual within the territory of India.

Indian constitution provides the protection to the right of children through Article 21-A. Article 21-A of the Indian constitution protects the educational right of the children who are between the ages of six to fourteen years. This Article stated that “the state shall provide free and compulsory education to all children” (between the ages of six to fourteen years).

Answer 2

The Indian constitution has laid the special law, right to survival to protect the life of the child from twenty weeks of conception by the mother. The child is the future of the nation and his/her rights should be protected to form a better tomorrow. Under the constitution of India, the civil, social, political, cultural, and economic rights envelop all the rights of the child.

Objective:

To protect the child from harmful beliefs and malpractices.  

Constitutional child rights are:-

• Right to education is a fundamental right, according to the 86th Amendment.
• Article 21A promises right to free and elementary education from 6 to 14 years.
• Article 24 states protection from hazardous employment for children 14 years and below.
• Right to seek protection from being harassed or abused.
• Right to equal opportunity irrespective of various situations.
• Right to child care and education until the age of 6 years.

Case 1:

BetiBachao, BetiPadhao campaign is initiated by the Government of India to address the serious issue of declining female child sex ratio in India. Such an initiative will not only help to save child rights, but will also assist to eradicate female foeticide. This will further help to promote girl child education and give equal status in the society.

Case 2:  

Juvenile Justice Act protects the rights of the child who are 18 years and below and harassed by the caretakers or parents. In a recent case, the couple who was a doctor had tortured a 13 year old domestic helper by making her do all household chores from dawn to dusk. A non-government organization rescued the child and has filed a petition for the juvenile justice from the ruthless caretakers.