"We worry about what a child will become tomorrow, yet we forget that he is someone today"

Rights of Children in the Constitution


What are Rights?
Your Right is what someone else must do for you,
Your right is also about what other must not do to you (such as discriminate, use violence)
Rights are entitlements



Needs, Rights, Privileges
Needs are all those tangible and intangible things we wish for to live,
Some of these are basic needs,
Some of these basic needs get translated into a legal frame and become a right,
A privilege is a need that may be legally valid but beyond a basic need or right.



Concept of RightsRights dominate our understandings of what actions are proper and which institutions are just.
Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it.
Right holders have corresponding duty bearer.The citizen is the right holder and the state the duty bearer
Governments have the obligation to ensure the realization of rights of citizens



Children and their rightsChildren are right holders
They are entitled to support as right holders
The State and its government is obligated to realize the rights of children
All adults can play a role in achieving children’s rights but state is the primary duty bearer
All rights are common for adults and children
Some rights are defined specifically for children (hence UNCRC and also articles in the constitution and special laws)
While all children have all rights, some children need special attention because of their situation



Constitution of India
The Constitution lays down the rules that the Government must follow to protect people from unjust action by the government. These are rights that the government cannot take away
Children have all rights as equal citizens of India, just as any other adult male or female.
The Constitution of India also has special articles for children



Preamble of the Constitution
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
To promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation



Fundamental Rights (Part III) are the basic human rights of all citizens and are enforceable by the courts, subject to specific restrictions.



Directive Principles of State Policy (Part IV) are guidelines for the framing of laws by the government and not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.



The Fundamental Duties set out in Part IV–A are the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India and they are not legally enforceable.



Right to Freedom
Right to Freedom speech and Expression (Article 19) (Includes the right to know; Creative expression
To assemble peaceably and without arms
To form associations and unions
To move freely throughout the territory of India
To practice any profession, occupation or carry on trade and business
Right to life and personal liberty (Article 21) (Right to a life with dignity)
Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A) Inserted after 86th Amendment in 2006
Protection against arrest and detention (Article 22)



Right against Exploitation
Right to being protected from being trafficked and forced into bonded labor (Article 23)
Prohibition of Traffic in human beings and forced labor (Article23
Prohibition of Employment of children in factories etc.


Right to Freedom of Religion
Freedom of Conscience and practice of Religion (Article 25)
Freedom to manage religious affairs (this includes the right to establish and maintain institutions and administer property in accordance with law (Article 26)
Freedom to promote one’s religion (Article 27)
Freedom of religious instruction (Article 28).
However, no religious instruction shall be provided in any institution maintained by State funds)



Cultural and Educational Rights
Protection of Rights of Minorities (Article 29)
Right to conserve one’s language, script and culture Facilities for instruction in mother-tongue at primary stage. Article 350
Right to admission to any educational institution without discrimination
Right to establish and administer educational institutions (Article 30)



Right to Constitutional Remedies
The Right to move the Supreme Court for enforcement of rights (Article 32)
Normally one cannot approach the Supreme Court directly without first going through the lower courts. But because of their importance, one can do so in the case of violation of one’s fundamental rights



To Enforce Fundamental Rights
File a petition in Supreme Court
Petition in the High Court
Writing a letter to the High Court or Supreme Court
Asking someone to file a petition on our behalf
Write a letter on our behalf if one is unable to (as may be the case with children)

Directive principles of State Policies
Article 39A: The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Article 39(e): Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength.

Article 39(f) Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment

Article 45: The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
This has now changed
Right to early childhood care and education to all children until they complete the age of six years (Article 45)

Article 46: Right of weaker sections of the people to be protected from social injustice and all forms of exploitation
Article 47: Right to nutrition and standard of living and improved public health


Fundamental Duties Article 51 A (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.


Applicability of International Law
International law does not become automatically applicable in India. It needs to be translated into national law. But they can be cited as additional documents. Supreme Court has used it to make judgments, which have now become case law.