ndip Bhosale

1 Introductory
The role of the India Judiciary and the scope of judicial interpretation have expanded remarkably in recent times, partly because
of the tremendous growth of statutory intervention in the present era. The judiciary plays an important role in the protection of
fundamental rights of the citizen and non-citizens alike. The twin safeguards of equality before law and equal protection of laws
are acknowledge as two of the most important pillars of human rights of the universe of freedom that is where ever freedom to
assert human rights is recognized, whether under an unwritten or a written constitution. India is the largest democracy in the
world, a sovereign, socialist, secular democratic and republic with a comprehensive charter of rights written into its constitution.
The Indian Constitution lays down base on which its foreign policy should be constructed and its international obligations
respected. These base are articulated principally in Article 51, which occurs in Part IV of the Indian Constitution.
The true nature and scope of the function of the court has since long been a matter of debate almost in all the countries regulated
by written Constitution. Austinian Jurisprudence gives a very narrow view of the judicial function. Austin defined law as a
command of the political sovereign and his sovereignty was indivisible and absolute, only the legislature could make law. The
function of the court was merely to declare the pre-existing law or to interpret the statutory law. But on the other hand, the realist
movement in the United State the latest branch of sociological Jurisprudence which concentrates on decisions of law courts.
Regards and contend that law is what court says. For them, judges are the law makers. The entire common law is the creation of
the English courts but is posited on the myth that judge merely found law. Even with such self-negating perception of their own
role, the English judges not only made law but also changed it to suit entirely new conditions created by the industrial
revolution.In this modern era Judicial Activism emerged as tool for protecting Rights of the Children including protection from
sexual exploitation, child trafficking, child abuse etc. some case dealt by the Indian judiciary for the protection of child rights are
as follows
2 Child Labour and Right to Education
Education is critical for economic and social development. It is crucial for building human capabilities and for opening
opportunities. The importance of education was fully recognised by classical economist and social scientist such as Adam Smith,
John Stuart Mill, Schultz, Becker and Amartya sen. Alfered Marshall in the Principles of Economics observed as follows:
The wisdom of expending public and private funds on education in not to be measured by its direct fruits alone. It will be
profitable as a mere investment, to give the masses of the people much greater opportunities, than they can generally avail
themselves of. For by this means many, who would have died unknown, are able to get the start needed for bringing out their
latent abilities. The most valuable of all capital is invested in human beings.
The abolition of child labour must be preceded by the introduction of compulsory education since compulsory education and
child labour laws are interlinked. Article 24 of the Constitution bars employment of child below the age of 14 years. Article 45 is
supplementary to Article 24 for if the child is not to be employed below the age of 14 years he must be kept occupied in some
educational institution. The Court in series of cases has unequivocally declared that right to receive education by the child
workers is an integral part of right of personal liberty embodied in Article 21 of the Constitution. In M.C. Mehta v. State of Tamil
Nadu The Supreme Court directed that children should not be employed in hazardous jobs in factories for manufacture of match
boxes and fireworks, and positive steps should be taken for the welfare of such children as well as for improving the quality of
their life.
In Goodricke Group Ltd v Center of West Bengal the Court held that it would be for the Centre and State/Union Territories to
raise necessary resources to achieve the goal of providing free education. Recently Article 21-A has been inserted in the India
Act, 2002 which provides that the state shall provide free and compulsory education to all children of the age of six to furteen
years in such manner as the state may, by law, determine. In Unni Krishnan J.P. v State of Andhra Pradesh Justice Mohan
observed in educational institutions which are seed-beds of culture, where children in whose hands quiver the destinies of the
future, are trained. From their ranks will come out when they grow up statesmen and soldiers, patriots and philosophers, who will
determine the progress of the land.
3 Child Labour Welfare and the Locus Standi
The liberalization of the concept of locus standi, to make access to the court easy, is an example of the changing attitude of the
Indian Courts. It is generally seen that the working children by and large come from the families, which are below the poverty
line, and there are no means to ventilate their grievance that their fundamental rights are being breached with impunity. Keeping
in view the pitiable conditions of the child workers, the apex court has shown its sensitivity towards the poor people by relaxing
the concept of locus standi.
One important case in which Supreme Court entertained a letter, sent by post as public interest litigation was the Peoples Union
for Democratic Rights v. Union of India Also known as the Asiad Workers case. The Supreme Court held that though the
Employment of Children Act, 1938 did not include the construction work on projects because the construction industry was not a
process specified in the Schedule to the Act, yet, such construction was a hazardous occupation and under Art.24 children under

14 could not be employed in a hazardous occupation. The right of a child against exploitation under Art.24 was enforceable even
in the absence of implementing legislation, and in a public interest proceeding
They have no faith in the existing social and economic system. A high water mark in the application of the Article 24 of the
Constitution was reached in the decision of the Court in Salal Hydro Project v. Jammu and Kashmir wherein the Court reiterated
the above stand. The Court maintained that child labour is an economic problem. Poor parents seek to argument their meager
income through employment of their children. So, a total prohibition of child labour in any form may not be socially feasible in
the prevailing socio-economic environment. Article 24 therefore, puts only a practical restriction on child labour. The Court
further observed that so long as there is poverty and destitution in this country, it will be difficult to eradicate child labour.
4 Juvenile Justice
The Juvenile Justice (Care and Protection) Act, 2000 is enacted as human rights legislation and it is now in force in all State
uniformly, repealing the entire Childrens Act enacted by states individually. This legislation deals with the two types of
juveniles. Juvenile in conflict with law as defined under Section 2(1) and child in need of care and protection as defined under
Section 2 (d). A juvenile or a child as defined under Section 2 (k) is a person who has not attained the age of 18 years. The
penitentiary system shall comprise treatment of prisoners, the essential aim of which shall be their reformation and social
rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal
status.
In Sheela Barse v. Union of India Ms.Sheela Barse, a dedicated social worker took up the case of helpless children below age of
16 illegally detained in jails. She petitioned for the release of such young children from jails, production of information as to the
existence of juvenile courts, homes and schools and for a direction that the District judges should visit jails or sub-jails within
their jurisdiction to ensure children are properly looked after when in custody. The Court observed that children in jail are entitled
to special treatment. Children are national assets and they should be treated with special care. The Court urged the setting up of
remand and juvenile homes for children in jails. In Sheela Barse v Secretary Children Aid Society the Supreme Court came
forward to protect the rights of the children in the observation homes.
5 Adoption of Children
Adoption concerns two of our basic human concerns identity and family. A childs rights to an identity and family are now
universally recognized. They are enshrined in the United Nation Convention on the Rights of the Child, 1989.
The Activist Supreme Court of India in Lakshmikant Pandey v Union of India. This writ petition has been initiated on the basis of
a letter addressed by one Laxmi Kant Pandey, an advocate practising in this Court, complaining of mal-practices indulged in by
social organisations and voluntary agencies engaged in the work of offering Indian children in adoption to foreign parents. The
letter referred to a press report based on empirical investigation carried out by the staff of a reputed foreign magazine called
The Mail and alleged that not only Indian children of tender age are under the guise of adoption exposed to the long
horrendous journey to distant foreign countries at great risk to their lives but in cases where they survive and where these
children are not placed in the Shelter and Relief Homes, they in course of time become beggars or prostitutes for want of proper
care from their alleged foreign foster parents. The petitioner accordingly sought relief restraining Indian based private agencies
from carrying out further activity of routing children for adoption abroad and directing the Government of India, the Indian
Council of Child Welfare and the Indian Council of Social Welfare to carry out their obligations in the matter of adoption of
Indian children by foreign parents. This letter was treated as a writ petition and by an Order dated 1st September, 1982 the Court
issued notice to the Union of India the Indian Council of Child Welfare and the Indian Council of Social Welfare to appear in
answer to the writ petition and assist the Court in laying down principles and norms which should be followed in determining
whether a child should be allowed to be adopted by foreign parents and if so, the procedure to be followed for that purpose, with
the object of ensuring the welfare of the child. In this case the Supreme Court held that any adoption in violation of or noncompliance with may lead adoption to be declared invalid and expose person concerned with to strict action including
prosecution. For years, social activists have used these directions to protect children and promote desirable adoptions. The
Government of India framed a national policy in this regard.
6 Sexual Exploitation of Children
Human Rights are derived from the dignity and worth inherent in the human person. Human right and fundamental freedom have
been retreated by the Universal Declaration of Human Rights. The human rights for women, including girl child age, therefore,
inalienable, integral and indivisible part of universal human rights. All forms of discrimination on ground of gender are violative
of fundamental freedoms and human rights. It would, therefore, be imperative to take all steps to prohibit prostitution.
Eradication of prostitution in any form is integral to social weal and glory of womanhoods. Right of the child to development
hinges upon elimination of prostitution. Success lies upon effective measures to eradicate root and branch of prostitution. In
Bachpan Bachao Andolan v Union of India writ petition filed by HRLN, Suprem Court on 18.04.2011 has ordered for
implementation of suggestions put forth during the hearing of this case, which will introduce significant reforms in existing child
protection regime. The petition was originally brought in 2006 on issue of abuse and exploitation of children in circus industry.
Court has ordered Central Government to bring a notification prohibiting employment of children in circus, to conduct raids to
rescue children already working in circuses and frame proper scheme for their restoration. During the hearing in this case, several

recommendations were put forth by petitioner and respondent, aimed on reforming existing legal and procedural mechanism on
child protection. This recent order is just one among the several orders which may be given by Honble Supreme Court in due
couese of time as Honble Court has made clear its intention to deal with issue of childrens exploitation in a long term and
systematic manner. Assuring to deal with childrens exploitation firmly, Supreme Court has observed: We plan to deal with the
problem of childrens exploitation systematically.
In Vishal Jeet v. Union of India Supreme Court in this case deals with some seminal questions relating to the sexual exploitation
of children. Here it has been observed that it is highly deplorable and heart rending to note that many poverty stricken children
and girls in the prime age of youth are taken to the flesh market and forcibly pushed into flesh trade which is being carried on
in utter violation of all cannons of morality, decency and dignity of mankind. In Gaurav Jain v. Union of India, The Supreme
Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation
so as to be part of the mainstream of social life without any pre-stigma attached on them. The Court directed for the constitution
of a committee to formulate a scheme for the rehabilitation of such children and child prostitutes and for its implementation and
submission of periodical report of its Registry. 7. Sakshi v Union of India In this Public Interest Litigation matter, the Supreme
Court of India asked the Law Commission to consider certain important issues regarding sexual abuse of children submitted by
the petitioner and the feasibility of amendment to 375 and 376 IPC.
7 Rehabilitation of Child Prostitutes
The rescue and rehabilitation of the child prostitutes and children should be kept under the Nodal Department, namely;
Department of Women and Child Development under the Ministry of Welfare and Human Resource, Government of India. It
would devise suitable schemes for proper and effective implementation. The institutional care, thus, would function as an
effective rehabilitation scheme in respect of the fallen women or the children of fallen women even if they have crossed the age
prescribed under the Juvenile Justice (Care and Protection) Act. They should not be left to themselves, but should be rehabilitated
through self-employment scheme or such measures as are indicated by the Supreme Court in this case. The juvenile homes
should be used only of a short stay or relieve the child prostitutes and neglected juveniles from the trauma they would have
suffered. They need to be rehabilitated in the appropriate manner. The details are required
To be worked out by meaningful procedure and programmes. In the light of the directions already given by this court from time
to time to the central government state governments and Union Territory Administrators, adequate steps should be taken to rescue
the prostitutes, child prostitutes and the neglected juveniles. They should take measures to provide them adequate safety,
protection and rehabilitation in the juvenile homes manned by qualified trained social workers or homes run by NGOs with the
aid and financial assistance given by Government of India or state government concerned. A nodal committee with the public
spirited NGOs, in particular women organizations women members should be involved in the management. Adequate
encouragement may be given to them. The needed funds should be provided and timely payments disbursed so that the scheme
would be implemented effectively and fruitfully.
8 Conclusion
The brief survey of the above mentioned cases shows that the activism of the Indian Supreme Court to protect the children from
various type of exploitation. Although the Supreme Court made laudable directions and suggestions in many instances to protect
basic rights of poor children, unfortunately these directions and suggestions are not followed and implemented by the government
machinery effectively. In this regards, the performance of the Indian Judiciary stands out as a signal contribution to the
implementation of human rights generally and that of Child Rights in particular.
As such in the M.C. Mehta v. State of Tamil Nadu and Goodricke Group Ltd v Center of West Bengal Supreme Court of India
emphasized on national Constitution and international instruments, including the Convention on the Rights of the Child, the
Indian government is required to ensure that children do not engage in hazardous work. In Lakshmi Kant Pandey v Union of
India with object of ensuring the welfare of the child J. Bhagwati directed the Government and various agencies to follow some
principles as their constitutional obligation to ensure the welfare of the child. Also judiciary has taken the lead to save the child
from exploitation and improve their conditions. To mention a few, the Asiad case (1981), L.K.Pandey case (1994), M.C.Mehtas
case (1991), Vishal Jeet v. Union of India (1990), and Gaurav Jain v. Union of India (1997) are some of the famous decisions
where the judiciary has shown enough courage to uphold the interests of the children and spared no one to improve the working
conditions of the child workers. The judiciary has always made concrete efforts to safeguard them against the exploitative
tendencies of their employer by regularizing their working hours, fixing their wages, laying down rules about their health and
medical facilities. The judiciary has even directed the states that it is their duty to create an environment where the child workers
can have opportunities to grow and develop in a healthy manner with full dignity in consensus of the mandate of our constitution.
REFERENCES

Part III of the Constitution. For details see Durga das Basu, Shoter Constitution of India,Prentice-Hall of India Pvt.
Ltd., New Delhi, 1996, p. 22-23.

Article 14 of the Indian Constitution: The State shall not deny to any person equality before law or the equal protection
of the laws within the territory of India.

Word secular is inserted by the Constitution (42nd Amendment) Act, 1976 (w.e.f. 03.01.1977).

Article 51: The Stae shall endeavour to (a) promote international peace and security; (b) maintain just and honourable
relations between nations; (c) foster respect for international law and treaty obligations in the dealing of organise
peoples with one another; and (d) encourage settlement of international disputes by arbitration.

Article 24: No Child below the age of fourteen years shall be employed to work in any factory or mine or engaged in
any other hazardous employment.

Article 45 of the Indian Constitution: State shall endeavour to provide, within period of ten years from the
commencement of this Constitution, for free and compulsory education for all children until they complete the age of
14 years.

AIR 1993 SC 2178.

AIR 1991 SC 417.

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123 CTR 516..

AIR 1993 SC 2178.

12AIR 1982 SC 1473.

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AIR 1987 SC 177.

Juvenile Justice (Care and Protection) Act was enacted in 2000 by repealing the Juvenile Justice Act 1986.

Article 10 of the International Convention on Civil and Political Rights, 1966.

1986 3 SCC 596.

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15:40 IST.

AIR 1987 SC 656.

Asha Bajpai, Adoption Law and Justice to the Child, Center of Child and the Law NLSIU, Bangalor, 1996, p. 1.

AIR, 1986, SC, p. 1272.

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27th Nov. 2011, at 15:43 IST.

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Nov. 2011, at 15:40 IST.

AIR 1990 SC 1413.

AIR 1997 SC 3051.

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1999 8 SCC 591.

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Y. Vishnupriya, Judicial Activism for Protection of Children in India, Socio-legal Journal, Vol.37 (1), Jan. 2011, p. 150

The Child Labour (Prohibition and Regulation) Act, 1986 is one the most debated acts regarding children in India. It
outlines where and how children can work and where they can not. The provisions of the act are meant to be acted
upon immediately after the publication of the act, except for part III that discusses the conditions in which a child may
work. Part III can only come into effect as per a date appointed by the Central Government (which was decided as
26th of May, 1993).
The act defines a child as any person who has not completed his fourteenth year of age. Part II of the act prohibits
children from working in any occupation listed in Part A of the Schedule; for example: Catering at railway
establishments, construction work on the railway or anywhere near the tracks, plastics factories, automobile garages,
etc. The act also prohibits children from working in places where certain processes are being undertaken, as listed in
Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick kilns and roof tiles units, etc.
These provisions do not apply to a workshop where the occupier is working with the help of his family or in a
government recognised or aided school.
The act calls for the establishment of a Child Labour Technical Advisory Committee (CLTAC) who is responsible for
advising the government about additions to the Schedule lists.
Part III of the act outlines the conditions in which children may work in occupations/processes not listed in the
schedule. The number of hours of a particular kind of establishment of class of establishments is to be set and no
child can work for more than those many hours in that particular establishment. Children are not permitted to work for
more than three hour stretches and must receive an hour break after the three hours. Children are not permitted to
work for more than six hour stretches including their break interval and can not work between the hours of 7 p.m. and
8 a.m. No child is allowed to work overtime or work in more than one place in a given day. A child must receive a
holiday from work every week. The employer of the child is required to send a notification to an inspector about a
child working in their establishment and keep a register of all children being employed for inspection.
If there is a dispute as to the age of the child, the inspector can submit the child for a medical exam to determine
his/her age when a birth certificate is not available. Notices about prohibition of certain child labour and penalties
should be posted in every railway station, port authority and workshop/establishment.

The health conditions of work being undertaken by children shall be set for each particular kind of establishment of
class of establishments by the appropriate government. The rules may cover topics such as cleanliness, light,
disposal of waste and effluents, drinking water, bathrooms, protection of eyes, maintenance and safety of buildings,
etc.
Section IV of the act outlines various remaining aspects such as Penalties. The penalty of allowing a child to work in
occupations/ processes outlined in the schedule which are prohibited is a minimum of 3 months prison time and/or a
minimum of Rs. 10,000 in fines. Second time offenders are subject to jail time of minimum six months. Failure to
notify an inspector, keep a register, post a sign or any other requirement is punishable by simple imprisonment and/or
a fine up to Rs. 10,000. Offenders can only be tried in courts higher than a magistrate or metropolitan magistrate of
the first class. Courts also have the authority to appoint people to be inspectors under this act.
Rules of this act must be passed by the respective parliaments (state or central). Any changes or added provisions
must be passed by the parliament. The establishment of this act also calls for a change in a number of other acts.
The Employment of Children Act of 1938 is repealed. The enactment of this act changes the definition of child to one
who has not completed his fourteenth year of age. Hence under provisions of this act the age of a child is also
changed in the Minimum Wages Age 1948, the Plantations Labour Act 1951, the Merchant Shipping Act 1958, and
the Motor Transport Workers Act 1961.

Child labour is exploitation of underage children in any forms, forcing

them to work illegally which harms or abuses them. This abuse may be
physical, mental or sexual; depriving the children (child labourers) of their
right of basic education. . According to the International Labour
Organization(ILO), "child labour is where children are deprived of their
childhood because they are forced to work long hours for little or no
money, deprived of education and in conditions harmful to their mental and
physical development. It is present everywhere i.e. in developed,
developing and underdeveloped world though ratios differ. Asia leads by
61% followed by Africa 32%. According to UNICEF, there are 250 million
children aged between 5-14 years employed as child labour in developing
countries out which 120 millions work full time.
Among the developing countries, India has the highest number of
child labours under the age of 14 years which is approximately 12.6
millions. Children are engaged in every sector of economy like match stick
making, fireworks, domestic labour, construction, carpet making industry,
brick kilns, etc. one of the places where child labour is experienced the
most is Sivakasi in Tamil Nadu.

i)Case study on Sivakasi fireworks industry

CHILDREN AT FIREWORK

Sivakasi is a small municipal town in Ramanathapuram district. In the

immediate vicinity of the town are two other municipal areas, Thiruthangal
and Sattur. It is famous for three types of industries fireworks, match
sticks and printing. 90% of Indias fireworks is produced here. There are
nearly 450 fireworks factories in Sivakasi employing almost 40,000

workers directly and about 1 lakh indirectly such as paper tube making, wire
cutting, box making in the country side.Due to lack of modern machines child
labour is extensively used. Economic factor is also one of reasons
responsible for child labour. Poverty forces parents to send their children to
work in these industries. Employers take advantage of their economic
condition and force them to work at low wages. According to official Harban
Singhs report which was conducted in 1976, in spite of working 12 hours a
day younger children aged 4 10 earn an average of Rs. 2 per day. The
older ones get maximum of Rs. 6 -7 per day. According to a magazine
published by The Hindu in april 29-may 12, 2000, children earn around Rs.
20-30 per day. Talking about the working conditions, according to sources
children are taken to industries like animals in buses filling almost 150-200
children in a bus. And they have to leave their house as early as 3a.m. in
the morning and come back at 9p.m. at night. There are agents to make
sure that they get up and go for work. Some children stay at home and
work. Even they have to work for long hours. According to a magazine
Sumathi age 11 of Ammapatti village rolls 2300 paper pipes a day for just
Rs. 20 though she had been working for a year in a firewoks unit. Also
Chellaiyan age 12 working in a factory in anaikuttam village earns Rs. 30
though working 12 hours a day. Expecting them to think about their health,
education and personal growth at this situation is impossible.
Education is nowhere in their life. They are unable to think beyond
their food. Its a fact that children are the future of any nation or community.
If this condition of children prevails what can be expected for a country.
According to International Labour Organization (ILO), if child labour will be
banned and all children get proper education, worlds total income would be
raised by nearly 22% over 20 years, which accounts for more than $4
trillion. Banning child labour will help in boosting the economy of a
country. But the situation here is worse. Most working children in Sivakasi have
not been to school. According to a sample survey conducted in 16 factories
covering 4,181 children, 3,323 (79.48%) are illiterate ; 474 children (11.34%) were
educated upto primary school level. Dropouts were 384 (9.2%).
Health is very important. And children working in these factories suffer a lot
due to the hazardous working conditions. Also they dont have enough time and
money to spend on health issues. Filling their stomach is their prime goal. Hence
by the time they grow up they lose their health and are no longer like other normal
people of their age. Asthma and TB are prevalent among 90 per cent of them who
are involved in gun powder filling and are directly in contact with the chemical
ingredients of crackers and matches. These workers usually do not wear any

protective clothes and their whole skin can be seen covered with the chemicals
such as sulphur, aluminium powder and gun powder. Snake Tablet one type of
firework, which uses nitric acid, causes skin diseases. Working on this type of
firework is considered to be highly dangerous for workers.
The work children do from the early stage of their life can affect them in
several ways. The following are some of the affects on children, positive on the left
side and negative on the right.

Hence child labour should be removed soon to ensure basic rights of every
child. It hinders their personality development.
Despite many laws framed for the children to protect them from the injustice
done to them, not much progress has been seen. Laws are only made but
practically it is not being followed.
The major domestic national laws include:
Bonded Labour System (Abolition) Act, 1976.
Children (Pledging of Labour) Act, 1933.
Factories Act, 1948.
Bidi and Cigar Workers (Conditions of Employment) Act, 1966.
Child Labour (Prohibition and Regulation) Act, 1986.
Inter-state Migrant Workmen (Regulation of Employment and
Conditions of
Service) Act-1979.
Contract Labour (Regulation and Abolition) Act, 1970.
Minimum Wages Act, 1948.
Plantation Labour Act, 1950.
Apprentices Act, 1961.
Shops and Establishment Act, 1961.
Shops and Commercial Establishment Act.
The Moter Transport Workers Act, 1952.
The Mines Act, 1952.
The Merchant Shipping Act, 1958.
The main reason for the still existing child labour may be corruption. Also
child labour contributes a lot in the economy of a country especially for a
developing and under developed countries. So removing child labour is really
difficult in these countries though loss is for short duration. Removal of child

labour ensures good future economy. Many NGOs have come up to fight for child
labour and hence then on some positive progress has been seen. A NGO in delhi
rescued around 450 children and helped them in rehabilliation. And then on child
labour rescue is on full swing. But until government takes some real initiative it is
not going to improve. Hence for the good future of our country government has to
be responsible.
Posted by PREETI KERKETTA at 21:52

Rights
DON'T EMPLOY THEM : EMPOWER !
Child Rights: A Gist
They are abandoned. They do not get a chance
to step in a school. They are left to fend for
themselves on the streets. They suffer from
many forms of violence. They do not have
access to even primary healthcare. They are
subjected to cruel and inhumane treatments
every day. They are children innocent, young
and beautiful who are deprived of their rights.
In the history of human rights, the rights of
children are the most ratified. The United
Nations Convention on the Rights of the Child
(UNCRC) defines Child Rights as the minimum
entitlements and freedoms that should be
afforded to every citizen below the age of 18
regardless of race, national origin, colour,
gender, language, religion, opinions, origin,
wealth,
birth
status,
disability,
or
other
characteristics.
These rights encompass freedom of children and
their civil rights, family environment, necessary
healthcare and welfare, education, leisure and
cultural
activities
and
special
protection
measures. The UNCRC outlines the fundamental
human rights that should be afforded to children
in four broad classifications that suitably cover
all civil, political, social, economic and cultural
rights of every child:

Right
to
Survival:

Right
to
be
born
Right to minimum standards
of food, shelter and clothing
Right to live with dignity
Right to health care, to safe
drinking water, nutritious food,
a
clean
and
safe
environment, and information
to help them stay healthy
Right
to
Protection:
Right to be protected from all
sorts
of
violence
Right to be protected from
neglect
Right to be protected from
physical and sexual abuse
Right to be protected from
dangerous drugs
Right
to
Participation:
Right to freedom of opinion

Right
to
freedom
of
expression

Right
to
freedom
of
association

Right
to
information
Right to participate in any
decision making that involves
him/her directly or indirectly
Right
to
Development:

Right
to
education

Right
to
learn
Right to relax and play

Right
to
all
forms
of
development

emotional,
mental and physical

Impact of the Convention of the Child Rights

A milestone in the international human rights
legislation, the Convention on the Rights of the
Child has been instrumental in putting all the
issues pertaining to children issues on the global
as well as national agenda. In addition to this, it
has extensively mobilized actions for the
realization of the rights and development of
children worldwide.
It was not an overnight initiative that resulted in
the adoption of the Child Rights. It took several
years of movements and activism on shaping
favourable, positive and constructive attitudes
toward children, and also inciting actions to
improve their well-being. The enormous efforts
involved toward the implementation of the
Convention, the significant amount of resources
committed to this cause, and the overall
effectiveness of the systems put in place for the
execution process have a bearing on the success

of child well-being outcomes.

Over the last 20 or so years, implementation of
the Convention and its effect on child well-being
varied from country to country and from one
region of the world to the other. Based on
analysis, there has been outstanding progress at
a global level in addressing the issues related to
children. These include progress in access to
services, reaching their fullest potential through
education, enactment of laws that upholds the
principle of the best interests of child, and child
survival.
Though a noteworthy progress has been
achieved,
yet
in
developing
countries,
particularly India, there is still a long way to go
in realising the rights of children. Though all the
relevant rules and policies are in place, there is
a lack in enforcement initiatives. As barriers,
there are several factors that forbid effective
implementation of the laws. Due to relatively low
success in achieving concrete child development
outcomes
in
India,
the
condition
of underprivileged
kids and underprivileged
youth is harsh and needs urgent attention.
There is a need to intensify efforts for children
welfare at all levels to implement the rules and
provisions of the Convention and contribute to
create a world suitable for children.
Child Rights and the world
People from across the world striving for social
justice have often directed their efforts toward
the most vulnerable in societythe children.
From Princess Diana's charitable work on behalf
of children to the efforts of activists like Grace
Abbott and the youngest Nobel laureate in
historyMs. Malala Yousafzai, these famous
children's right activists have put commendable
efforts in helping improve the lives of the
youngest citizens.

An awareness campaign sensitizing privileged citizens to

act for the benefit of children employed as domestic
servents and labours

2014 Nobel Peace Prize awardeesMs. Malala Yousafzai and Mr.

Kailash Satyarthi have reminded us all of the need to keep on
advancing in providing opportunities that has an important effect on all
children. The opportunities are meant to be meaningful enough to allow
them to learn and gain the mindsets and skills that would empower
them to be free, develop themselves, their communities and the world.
Mr. Kailash Satyarthis struggle to liberate children from child labour
had cost him many life threats, including bullet wounds by those who
exploit young boys and girls for economic gain. Wearing flak jackets,
and armed with strong determination, he and his team raided many
illegal factories and mines to rescue the children who are sold into
servitude. It has been 30 years now since he started his movement. A
movement that has one clear purposeno child shall be a slave.
On the other hand, when one thinks of Ms. Malala Yousafzai, the first
thing that pops in ones mind is education. The second iseducation
for girls. In 2009, when she was just 11, she wrote to BBC about the
norm of banning female education under the Taliban regime in the Swat

Click here

Ms. Puja Trisal

General Manager Programmes |
Smile Foundation
Whose children we are talking
about? Are they not our children? If
yes, can we leave them to fend for
themselves- defenseless, with out
care, devoid of any right and
privileges? Are not WE, the society
(men and women) responsible for
introducing them to world? Then,
why such apathy? Is it not a crime?
Does it not stir our conscience and

Valley (her hometown). Her article gained tremendous momentum

worldwide. She started her fight for the education of girls at that small
age and began to speak publicly and to the press, which caused her
and her family receive constant death threats.

provoke to safeguard our children's

well being- according appropriate
status?

I strongly feel that this is a big honour to hundreds of millions of the

children who have been deprived of their childhood and freedom and
education. Mr. Kailash Satyarthi.

Child rights and its accordance is

the pillar for national construction, a
brighter tomorrow.

I speak not for myself but for those without voice... those who have
fought for their rights... their right to live in peace, their right to be
treated with dignity, their right to equality of opportunity, their right to
be educated. Ms. Malala Yousafzai.

You may write to her at:

info@smilefoundationindia.org

The Right to Education

The father of modern educationJohn Amos Comenius proposed all persons should be educated, so we
could have peace in the world. Visionaries of the world understood that peace meant guaranteeing every
person certain rights that are conditional for humanityeducation being one of the most important.
The addition of the Right to Education (RTE) in the Universal Declaration of Human Rights in 1948 was the
beginning of a remarkable expansion of educational opportunities around the world. The parliament of India
enacted the Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) on
August 2009. The same got enforced on April 1st 2010.
As per the act, education is a fundamental right of every child who is between 6 and 14 years old. The act
also states that until the completion of elementary education, no child shall be held back, expelled or
required to pass a board examination. There is also a provision for special training of school drop-outs to
bring them up to par with students of the same age.
As a charit y for child rights , Smile Foundation has been providing education to marginalized children in
poor rural and urban communities in 25 states of the country. Its flagship programme - Mission Education
exemplifies the global struggle for universal education. The programme has succeeded in bringing more than
200,000 children to school since its start in the year 2002.
Underprivileged kids lag at all stages of education. When earning a livelihood and taking care of the
members of the family becomes a primary matter of concern in ones life, education stands a little or, very
often, no chance of pursuance. For the millions of underprivileged people in India , education is a highpriced luxury, and this negative outlook continues on with every new generation. Poverty damages childhood
with significant effects on a childs physical and mental health, as well as educational achievement. It limits
the expectations of the childs ability to perform well in school, constantly reminding him/her of the miniscule
chance he/she has to overcome adversity and poverty.
With its development interventions that are focused on social welfare of children , Smile Foundation has
raised those expectations among the hardest-to-reach children. Recent mark-sheets of the students in all ME
centres has shown Smile Foundation primary school students outperforming their peers, with a very high
passing rate. Last year, 51% of the total beneficiaries in Mission Education centres across India were girls.
Also, 87% of the total eligible students are successfully mainstreamed in private and government schools.
Smile Foundation is a children charit y that has been working for children welfare since its inception.

For instance, in Peoples Union for Democratic Rights v. Union of India, 26 a petition
was brought against governmental agencies which questioned the employment of
underage labourers and the payment of wages below the prescribed statutory

minimum wage-levels to those involved in the construction of facilities for the then
upcoming Asian Games in New Delhi. The Court took serious exception to these
practices and ruled that they violated constitutional guarantees. The employment of
children in construction-related jobs clearly fell foul of the constitutional prohibition
on child labour and the non-payment of minimum wages was equated with the
extraction of forced labour. Similarly, in Bandhua Mukti Morcha v. Union of India,27
the Supreme Courts attention was drawn to the widespread incidence of the ageold practice of bonded labour which persists despite the constitutional prohibition.
Among other interventions, one can refer to the Shriram Food & Fertilizer case28
where the Court issued directions to employers to check the production of
hazardous chemicals and gases that endangered the life and health of workmen

26 AIR 1982 SC 1473 27 (1984) 3 SCC 161 28 (1986) 2 SCC 176 29 See
observations justifying the payment of compensation for human rights violations by
state agencies in the following decisions: Bhim Singh v. State of Jammu and
Kashmir, (1985) 4 SCC 677; Nilabati Behera v. State of Orissa, (1993) 2 SCC 746;
D.K. Basu v. Union of India, (1997) 1 SCC 416; Also see: Lutz Oette, Indias
International