Question

A report on issue of protecting child rights in 1000 words

Answer 1

Children constitute over 400 million of the one billion plus population of India. It has the highest number of children in the world. More than one third of the country’s population is below 18 years. Approximately 40% of the total population i.e. around 440 million is children. India shows some of the dazzling realities of children. India has the highest rate of neo-natal deaths (around 35%) in the world. It constitutes 40% of child malnutrition in developing world. It has 50% of the child mortality. It has Reducing number of girls in 0-6 age group- for every 1000 boys 927 girls. It has 46% children from ST and 38% SC out of school. It has high number of school dropout particularly among girls. It has high rate of child marriage. Its 37% of literate & 51% of illiterate girls are married below 18 years of age. Its 10% of literate and 15% of illiterate boys are married below 18. It has large number of child laborers. It has large number of sexually abused children. [1] 

The word ‘Child’ has been used in various legislation as a term denoting relationship, as a term indicating capacity, and a term of special protection. The legal conception of a child has thus tended to vary depending upon the purpose. According to Article 1 of the United Nations

Convention on the Rights of the Child 1989, ‘a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier’.

Childhood is universal transcend all nationalities and know no artificial boundaries. It is indeed an important factor in shaping the future of the nation if childhood can be endowed with the minimum requisite for healthy growth and development. Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. [2] These inalienable rights are guaranteed to all human beings including children. Children should be afforded the necessary protection and assistance for the harmonious development of their personality. [3] 

Thus it is imperative to have a focus on the special protections offered to children.

International Legal Framework and Rights of the Child

Law in the form of international conventions can contribute significantly. International instruments stress ‘participation’ as a core value along with survival, protection and development. Laws and legal strategies must be devised to encourage these values. Since the beginning of the twentieth century, the development of international law on the rights of the child has paralleled, in part, the development of general body of international human rights law.

The ‘Declaration of the Rights of the Child, 1924’, adopted by the fifth Assembly of the League of Nation, can be seen as the first International Instrument dealing with children’s rights. [4] The Declaration establishes the claim that ‘mankind owes to the child the best it has to give’. This Declaration basically highlights the social and economic entitlements of children and establishes internationally the concept of the right of the child, and lays the foundation for setting the future international standards in the field of children’s rights.

Another International instrument is ‘Declaration of the Rights of the Child, 1959’. Its preamble describes the principle as enunciating rights and freedom, which governments should observe by legislative and other measures progressively taken. Its preamble also makes reference to both the United Nation Charter and the Universal Declaration of Human Rights. This further reiterates the pledge that, ‘mankind owes to the child the best it has to give’. In accordance with the Declaration, a child is entitled to a name and nationality [5] , to adequate nutrition, housing, recreation, and medical services [6] , special needs of physically, mentally and ‘socially handicapped’ children [7] , children who are without family [8] etc. A noticeable departure from the principles of the 1924 Declaration is that the earlier Declaration Specified that ‘Children must be the first to receive relief, whereas the 1959 Declaration lays down that children shall be ‘among the first’ to receive protection and relief is a good realistic approach undertaken. [9]