Child rights in India

Child rights in India encompass a set of entitlements and protections aimed at ensuring every child has the opportunity to grow, develop, and thrive in a safe, supportive environment. These rights cover multiple dimensions, including survival, health, education, protection from exploitation and abuse, and participation in matters affecting children’s lives. India, as a signatory to various international conventions and through its domestic laws, aims to address and promote these fundamental rights for every child. Despite legislative frameworks and national initiatives, the practical realization of these rights faces numerous challenges, from poverty and inadequate infrastructure to deep-seated social issues. Here is an in-depth exploration of child rights in India, its foundations, current status, issues, and the road ahead.

Foundations of Child Rights in India

India’s approach to child rights draws heavily on international and national frameworks. The UN Convention on the Rights of the Child (CRC), adopted by the United Nations General Assembly in 1989 and ratified by India in 1992, is a cornerstone in defining child rights globally. This convention lays out four core principles: non-discrimination, the best interests of the child, the right to survival and development, and respect for the views of the child. The CRC advocates for children’s rights across survival, protection, participation, and development, providing a comprehensive framework that India committed to following.

Domestically, child rights are enshrined in the Indian Constitution, which contains specific provisions for children’s welfare. Article 15(3) empowers the state to make special provisions for children, Article 24 prohibits child labor in hazardous environments, Article 39(e) and 39(f) mandate the state to ensure that children’s health is safeguarded and they are protected from exploitation, and Article 21A provides the right to free and compulsory education for children aged 6 to 14. Furthermore, legislative measures like the Juvenile Justice Act (2015), Protection of Children from Sexual Offences (POCSO) Act (2012), and the Child Labor (Prohibition and Regulation) Amendment Act (2016) fortify the framework for children’s welfare.

Categories of Child Rights

1. Right to Survival
   • The right to survival encompasses a child’s right to life, nutrition, and healthcare. This includes the fundamental need for adequate food, shelter, safe drinking water, sanitation, and healthcare to ensure the child’s survival and development. Malnutrition and inadequate healthcare remain pressing challenges, especially in rural areas and among marginalized communities. The Government of India has introduced various initiatives, including the Midday Meal Scheme and the Integrated Child Development Services (ICDS), to address malnutrition and provide healthcare.
2. Right to Development
   • A child’s development rights include the right to education, play, leisure, cultural activities, and access to information. The landmark Right to Education (RTE) Act of 2009 made education a fundamental right for children aged 6 to 14, ensuring free and compulsory education for this age group. However, many challenges still exist, including dropout rates, insufficient infrastructure, and a need for quality education. Additionally, access to digital education has emerged as a critical issue, highlighted by the COVID-19 pandemic, which exposed significant gaps in digital access among rural and urban children.
3. Right to Protection
   • Protection rights aim to shield children from abuse, neglect, exploitation, and violence. Children in India face various risks, including child labor, trafficking, sexual abuse, and forced marriage. The POCSO Act and the Juvenile Justice Act were designed to provide legal mechanisms to address these issues. Child labor is another significant challenge, with children forced into labor due to poverty and lack of awareness. The Child Labor (Prohibition and Regulation) Amendment Act seeks to curb this issue, though enforcement remains inconsistent, particularly in informal sectors.
4. Right to Participation
   • The right to participation recognizes that children should have the opportunity to voice their opinions and be heard in decisions that impact their lives. This principle aligns with the belief that children, as individuals, have the right to be active participants in matters affecting them. Participation, however, is often under-emphasized in India, where societal norms may limit children’s expression. Efforts are gradually increasing, with initiatives that encourage children’s councils and student bodies in schools, promoting a culture where children’s voices are valued.

Current Status of Child Rights in India

Despite significant progress, child rights in India face multifaceted challenges. Reports indicate that millions of children are still denied basic rights, and various socio-economic and cultural barriers impede their full realization.

• Healthcare: India has made strides in improving healthcare for children, reducing infant mortality rates from 55 per 1,000 live births in 2007 to 28 in 2020. However, disparities remain, with rural children and those from low-income families suffering from inadequate healthcare access and services. Immunization programs and health awareness campaigns have improved the situation but are hampered by challenges such as misinformation and lack of accessibility in remote areas.
• Education: The RTE Act has significantly increased enrollment, yet quality remains a concern. The ASER (Annual Status of Education Report) highlights that a significant percentage of children, particularly in rural India, are unable to perform age-appropriate reading and arithmetic tasks. The digital divide has further widened inequalities in access to quality education, with children in urban areas generally having better access to resources than their rural counterparts.
• Protection from Exploitation: Child labor and trafficking are persistent issues in India. According to census data, millions of children are engaged in labor, often in hazardous conditions. Although legislation prohibits child labor, especially in dangerous environments, enforcement is challenging. Child trafficking for labor and sexual exploitation remains a significant issue, with trafficking networks exploiting vulnerable children, particularly those from marginalized communities.
• Participation Rights: While child participation is gradually being recognized, it is not widely implemented. Children’s voices are often overlooked in family decisions, and cultural norms sometimes suppress their opinions in community settings. School forums and child clubs are steps toward enhancing participation, though they are not yet widespread.

Legislative and Policy Framework

India’s legislative framework supporting child rights includes several key acts and policies:

1. Juvenile Justice (Care and Protection of Children) Act, 2015: This act provides a comprehensive approach to child protection and juvenile justice, addressing issues such as adoption, foster care, and protection for children in conflict with the law. It aims to rehabilitate juvenile offenders and safeguard the rights of children in need of care and protection.
2. Protection of Children from Sexual Offences (POCSO) Act, 2012: POCSO is a critical law aimed at protecting children from sexual abuse, harassment, and pornography. The act mandates special courts to ensure speedy trials and defines guidelines for reporting and handling sexual offenses against children.
3. Child Labor (Prohibition and Regulation) Amendment Act, 2016: This act prohibits employment of children below 14 in all occupations and adolescents (14-18 years) in hazardous work. It represents a commitment to protecting children from economic exploitation but faces challenges in enforcement, particularly in informal sectors.
4. Right to Education (RTE) Act, 2009: The RTE Act mandates free and compulsory education for children between the ages of 6 and 14, aiming to provide universal access to education. It has increased school enrollment significantly, though issues like dropout rates and quality of education need to be addressed.
5. Integrated Child Development Services (ICDS): ICDS is a comprehensive program aimed at promoting child health and nutrition, addressing early childhood care and development through a network of Anganwadi centers. It is especially vital in rural areas where access to healthcare is limited.
6. National Policy for Children, 2013: This policy reaffirms the government’s commitment to ensuring all children’s rights, emphasizing survival, health, education, protection, and participation. It underscores the need to create a child-sensitive environment for their growth and well-being.

Major Challenges in Ensuring Child Rights

Despite these legislative measures, India faces significant challenges in ensuring child rights for all children.

1. Poverty and Economic Inequality: Poverty is a major factor affecting child rights, as families with limited financial resources may struggle to provide basic necessities. Children from economically disadvantaged backgrounds are at greater risk of malnutrition, poor health, and child labor.
2. Cultural and Social Norms: Cultural practices, such as child marriage, continue to infringe upon children’s rights, particularly in rural areas. Although child marriage is illegal, it remains prevalent in some regions due to traditional beliefs and economic pressures.
3. Lack of Awareness: Many parents and caregivers lack awareness of children’s rights and legal protections, resulting in limited enforcement of rights at the community level. Increased awareness through community engagement and educational initiatives is essential to address this issue.
4. Implementation and Enforcement: While India has progressive child protection laws, implementation is often lacking due to resource constraints, corruption, and weak enforcement mechanisms. Particularly in rural and impoverished areas, limited infrastructure hampers the effectiveness of child rights legislation.
5. Digital Divide: The digital divide has become a new challenge in ensuring equal access to education. While urban areas generally have better access to digital resources, many rural children lack the devices and internet connectivity needed for online learning.
6. Child Trafficking: Trafficking remains a persistent issue, with children being trafficked for labor, begging, and sexual exploitation. While laws are in place, enforcement is complex, as trafficking often involves organized networks operating across state and national borders.

Role of Civil Society and International Organizations

Civil society organizations (CSOs) and international organizations play a vital role in promoting child rights. Organizations like UNICEF, Save the Children, and CRY (Child Rights and You) work extensively with government agencies and local communities to improve child welfare and raise awareness of child rights. These organizations conduct awareness programs, support policy development, and provide on-the-ground support for children at risk.

Way Forward

Ensuring child rights requires a multi-faceted approach, involving government agencies, civil society, communities, and families. Some steps that could enhance the realization of child rights in India include:

1. Strengthening Legal Enforcement: Ensuring stricter implementation of child protection laws and creating accountability mechanisms for enforcement agencies are crucial.
2. Improving Education Quality and Accessibility: Addressing disparities in education quality, particularly in rural and remote areas, and bridging the digital divide should be priorities.
3. Addressing Social Norms: Engaging communities to challenge harmful social practices, such as child marriage, and promoting cultural shifts through awareness campaigns can contribute to protecting children’s rights.
4. Enhancing Child Participation: Promoting platforms for children to express their views and participate in decision-making processes can foster a culture that respects and values children’s voices.
5. Increased Investment in Child Welfare Programs: Government funding and resources for programs like ICDS and midday meals should be enhanced to ensure comprehensive health and nutrition support for all children.
6. Public Awareness Campaigns: Raising awareness about child rights through media, school programs, and community outreach is essential to foster a rights-based approach to child welfare.