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Children's
Rights |
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The UN convention on the
Rights of Child which lndia ratified in 1992, lists the following
as the Rights of the child.
The Right to survival: According
to the convention, the "Right to survival includes the
right to life, the attainable standard of health, nutrition
and an adequate standard of living. It also includes the right
to a name and nationality". These rights seek to ensure
that the children have nutritious food, potable drinking water,
a secure home and access to health facilities.
The Right to Protection: According
to the convention, this right includes freedom from all forms
of exploitation, abuse and inhuman or degrading treatment. This
Includes the right to special protection in situations of emergency
and armed conflict. The aim is simple, to protect vulnerable
children from those who would take advantage of them and to
safeguard their minds and bodies.
The Right to development:
The right includes the right to be educated, to receive support
for development and care during early childhood and to social
security. It also includes the right to leisure, to recreation
and to cultural activities. This right seeks to ensure that
children can study and play with whomever they want, practice
their own religion and culture and accept their own uniqueness
of other cultures and religion.
The Right to participation:
According to the convention, the Right to participation accords
the child access to appropriate information and the freedom
of thought and expression, conscience and religion. In addition
to this, one ought to respect the views of the child. The aim
here is to see that the children are able to develop their own
set of values and principles and that they have the opportunity
to express themselves and their own opinions.
Apart from the Rights of Child laid down by the U.N. Conventions
following are some of the Rights of child laid down by different
Acts & the Indian Constitution :
- No person below eighteen years of age shall be allowed
to work in any mine or part thereof (The
Mines (Amendment) Act 1983).
- No child who has not completed his fourteenth year shall
be required or allowed to work in any factory (The
Factories Act, 1948).
Special Rights for Children
- Nothing is an offence which is done by a child under seven
years of age. (Sec. 82 IPC).
Nothing is an offence which is done by a child above seven years
of age and under twelve, who has not attained sufficient maturity
of understanding to judge the nature and consequences of his
conduct on that occasion. (Sec.83
IPC)
The Juvenile Justice Act, 1986
The Juvenile Justice Act was enacted to provide for the care,
protection, treatment, development and rehabilitation of neglected
or delinquent juveniles and for the adjudication of certain
matters related to and disposition of delinquent juveniles.
- Special
Provisions Relating to a Girl Child
- Measures
to prevent all forms of discrimination against girl child
- Elimination
of all forms of discrimination against the girl child
- Elimination
of negative cultural, attitudes and practices against girls
- Elimination
of discrimination against girls in education, skill, development
and training
- Elimination
of discrimination against girls in health and nutrition
- Elimination
of girl child labor
- Elimination
of violence against the girl-child
- Promoting
the girl-child's awareness of and participation in social,
economic and political life
- Strengthening
the role of the family in improving the status of the girl-child
- Duty
of Government to direct its policies to eliminate discrimination
against girl child
The Juvenile Justice (Care and Protection
of Children) Act, 2000 inter-alia prohibits
- Lodging
of children in jails and police lock-ups and lays down procedures
including norms for investigation and trial in cases of
juvenile crimes
- Publication
of names and other details of juveniles who are involved
in any proceeding under the Act
- Trial
of juveniles with adults
It provides that in matters concerning bail normally a juvenile
shall not be denied bail. It also sets out procedure for rehabilitation
and social reintegration of children.
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