Women and Child Law

ASSIGNMENT
ON
RIGHTS OF CHILDREN
AGAINST
EXPLOITATION
Submitted to:
Ms. Dakshita Sangwan
Faculty of Law,
Jamia Millia Islamia.

Prepared By:
Anirudh Arora
B.A. LL.B.(Hons.)
Faculty of Law,
Jamia Millia Islamia

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ACKNOWLEDGEMENT
At the outset, I would like to thank my Women and Child Law teacher, Ms.
Dakshita Sangwan, for being a guiding force throughout the course of this
submission and being instrumental in the successful completion of this project
report without which my efforts would have been in vain.
I am thankful to the Librarians, Faculty of Law, Jamia Millia Islamia for helping
me in collecting the relevant material for my project report.
I would like to extend my sincere thanks to my friends and family for their
constant review and honest remarks.

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S.NO.

CONTENTS

PAGE NO.

1.

Table of Cases

2.

INTRODUCTION

3.

INTERNATIONAL BILL OF RIGHTS

4.

OTHER CONVENTIONS

5.

(UNICEF)

6.

CASES

DECIDED

BY

INTERNATION

JUDICIAL 10

ORGANS
7.

DECLARATIONS,

COMMISIONS,

SIMMITS

AND 11

REPORTS
8.

CONSTITUTIONAL PROVISIONS

14

9.

THE NATIONAL COMMISSION FOR PROTECTION OF 16

CHILD RIGHTS

10.

CONCLUSION

23

11.

Bibliography

24

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Table of Cases

S. No.

Case Name

1.

Uganda v Congo

2.

Alba v. Sillerico

3.

Lakshmi Kant Pandey v. Union of India

4.

Indian Council for Social Welfare v. State of A.P.

5.

M.C.Mehta v. State of T.N

6.

Bhandhua Mukti Morcha v. Union of India

7.

Gaurav Jain v Union of India

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INTRODUCTION:
Children signify eternal optimism in the human being and provide potential for the development.
Every nation whether developed or developing links its future with the status of the child. A
child of today cannot develop to be a responsible and productive member of tomorrows society
unless an environment, which is conducive to his social and physical health, is assured to him.
Neglecting children means loss to the society as a whole. If the children are deprived of their
childhood-socially, economically, physically and mentally the nation gets deprived of the
potential human resources for social progress, economic empowerment, peace and order, social
stability and good citizenry.
India has the largest number of children in the world. Indias heritage of a stable family life and
traditional joint family system helped children grow into an atmosphere of warmth and affection
into a secure future. However, with the changing socio-economic vertices weakening of the
institution of joint family and resulting nuclearization of the families children were deprived of
that enabling atmosphere and were propelled into an atmosphere where the parental care to the
childhood started being shared with the institutions like school. In the rural set up too, there has
been a trend towards the nuclearization undermining the emotional, psychological and the social
support, which used to go into the childs upbringing. Besides, in the poorer families the children
also started to share the burden of running the households. These children were deprived of Both
parental and institutional care, even where institutional care was available to the children, it was
a very poor substitute to the parental care.
Any person who has not attained maturity is considered as a Child. Human Rights begin with
Child rights. Without child rights human rights has no value. Rights of children includes all
rights starting from Right to Life, Right to food, clothing and shelter, Right to sanitation, Right to
education, Right to dignity and lot more. Children are dependents, but it doesnt mean that their
Rights are curtailed. Children are expected to be dominated and they are not given importance in
various situations. This part of my project deals with few Rights of children and few
International Conventions on Child Rights.

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INTERNATIONAL BILL OF RIGHTS:

The Declaration on the Right of Child, 1959:
The following are few points mention in this convention:
1. The child shall enjoy all the rights set forth in this Declaration. All children without any
exception whatsoever, shall be entitled to these rights without distinction or
discrimination on account of race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status whether of himself or his
family.
2. The child shall enjoy special protection and shall be given opportunities and facilities by
law and other means, to enable him to develop physically, mentally, morally, spiritually
and social in a healthy and normal manner and in the conditions of freedom and dignity,
in the enactment of laws for this purpose, the best interests of the child shall be the
paramount consideration.
3. The child is entitled to receive education, which shall be free and compulsory, at least in
the elementary stages. He can be given education which promote his general culture and
enable him on the basis of equal opportunity to develop his abilities, his individual
judgment and his sense of moral and social responsibility and to become useful member
of society.
4. The child shall be protected against all forms of neglect, cruelty and exploitation. He
shall not be the subject of traffic, in any form. The child shall not be admitted to
employment before the appropriate minimum age. He shall in no case be caused or
permitted to engage in any occupation or employment which would prejudice his health
or education, or interfere with his physical, mental or moral development.
5. The child shall be protected from practice which may foster racial, religious and any
other form of discrimination. He shall be brought up in a spirit of understanding,
tolerance, and friendship among peoples. Peace and universal consciousness that his
energy and talents should be directed to the service of his fellow men.

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OTHER CONVENTIONS:
UNITED NATIONS CONVENTIONS ON THE RIGHTS OF CHILDREN (UNCRC):
The United Nations Convention on the Rights of the Child (UNCRC) is an international human
rights treaty that grants all children and young people (aged 17 and under) a comprehensive set
of rights. The UK signed the Convention on 19 April 1990, ratified it on 16 December 1991 and
it came into force on 15 January 1992.
The UNCRC is presently the most widely ratified international human rights treaty. It is the only
international human rights treaty to include civil, political, economic, social and cultural rights. It
sets out in detail what every child needs to have a safe, happy and fulfilled childhood regardless
of their sex, religion, social origin, and where and to whom they were born. All United Nations
member states, except for the United States and Somalia, have ratified the Convention.
The Convention gives children and young people over 40 substantive rights, including the right
to:

special protection measures and assistance

access to services such as education and healthcare

develop their personalities, abilities and talents to the fullest potential

grow up in an environment of happiness, love and understanding

Be informed about and participate in achieving their rights in an accessible and active manner.

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UNITED

NATIONS

INTERNATIONAL

CHILDRENS

EMERGENCY

FUND

(UNICEF):
Overall Objective:
To reduce HIV transmission and to reduce the impact of the epidemic, on children, young people
and families, through increasing the effectiveness of national and intercountry responses to the
HIV/AIDS epidemic in East Asia and the Pacific and providing practical support at community
level, encouraging the full participation of people affected by HIV/AIDS.
Specific Objectives:

To assist and facilitate achievement of objectives formulated for UNICEF Country Programs
(national-level advocacy, capacity building, mainstreaming of HIV/AIDS into UNICEF
programming, technical assistance for behavior development and change, reproductive
health, care and support, and going to scale).

To facilitate and develop multi-country and multi-agency initiatives and responses to

effectively reduce HIV transmission and the impact of HIV/AIDS on children, youth,
women and families, and people with high-risk behavior.

To keep Country Offices and partners informed about emerging issues, assist with the
development of effective responses to these issues, as well as facilitate exchange and sharing
of information, experiences and resources.

To participate and help to coordinate new regional and country initiatives to reduce
trafficking in women and children with HIV/AIDS/STD prevention and care activities.

Convention on the Rights of the Child:

The most prominent UN manifestation to advance childrens rights is the CRC. The Convention
was adopted by Resolution 44/252 of 20 November 1989 at the Forty-fourth Session of the UN
General Assembly, and entered into force on 2 September 1990, in accordance with Article
49(1) of the CRC. To date, the Convention has 193 parties. Namibia ratified the CRC on 30
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September 1990.The CRC, which consists of 54 Articles, incorporates the full range of human
rights civil, cultural, economic, political and social and creates the international foundation
for the protection and promotion of human rights and fundamental freedoms of all persons under
the age of 18.26 The Convention represents widespread recognition that children should be fully
prepared to live an individual life in society, and brought up in the spirit of peace, dignity,
tolerance, freedom, equality and solidarity.
Although the Articles of the CRC are interrelated and should be considered together, the
Committee on the Rights of the Child has accorded four provisions contained in the Convention,
namely Articles 2, 3, 6 and 12, the status of general principles.27 The CRC is, therefore,
founded on the following principles, which build the foundation for all childrens rights:

The right to equality: No child may be discriminated against on the basis of race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status.

The best interest of the child has to prevail: Whenever decisions are being taken which may have
an impact on children, the best interest of the child has to be taken into account at all stages. This
applies to the family as well as to state action.

The right to life and development: Every Member State has to ensure, to the maximum extent
possible, the survival and development of the child by, inter alia, providing access to health care
and education, and by protecting the child from economic and social exploitation.

Respect for childrens own views: Children should be respected and taken seriously, and they
should be involved in decision-making processes according to their age and maturity.
The CRC follows a holistic approach to childrens rights, recognising that the rights anchored in
the Convention are indivisible and interrelated, and that equal importance must be attached to
each and every right contained therein.

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CASES DECIDED BY INTERNATION JUDICIAL ORGANS:

Uganda v Congo
This is the Case prosecuting Uganda's recruitment of child soldiers and other human rights
abuses during its invasion and occupation of parts of the Democratic Republic of Congo.
It was decided that States parties to the Convention must take all feasible measures to ensure that
persons who have not attained the age of 15 years do not take part in direct hostilities
Alba v. Sillerico
This is the Case concerning the placement of a child in an orphanage following allegations of
abuse.
The Court determined that childs request to be separated from his father should prevail over his
father's right to custody
JAPANESE Decision on the share in the inheritance of an illegitimate child
This is the Case concerning inheritance rights of children born out of wedlock in Japan.
Inheritance; discrimination based on parents' marital status. The Court upheld the provision of
the Civil Code which states that the share of inheritance of a child who is born outside of
wedlock is half that of a child born within marriage.
The Provision unreasonably discriminates against children born out of wedlock in violation of
Article 14 of the Constitution and should be null and void. Discrimination on the grounds of the
parents' marital status at birth, for which the child is in no way responsible, exceeds the purpose
of the law (i.e., the protection of marriage). Furthermore, Article 13 of the Constitution requires
that "all people are respected as individuals" and Article 24 provides that "on matters concerning
inheritance and family, laws should be enacted upon the basis of the dignity of individuals and
the essential equality of men and women.

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DECLARATIONS, COMMISIONS, SIMMITS AND REPORTS:

World Declaration on the Survival, Protection and Development of Children:
The commitment:
We have agreed that we will act together, in international co-operation, as well as in our
respective countries. We now commit ourselves to the following 10-point programmed to protect
the rights of children and to improve their lives:
1. We will work to promote earliest possible ratification and implementation of the
Convention on the Rights of the Child. Programmers to encourage information about
children's rights should be launched world-wide, taking into account the distinct cultural
and social values in different countries.
2. We will work for a solid effort of national and international action to enhance children's
health, to promote pre-natal care and to lower infant and child mortality in all countries
and among all peoples. We will promote the provision of clean water in all communities
for all their children, as well as universal access to sanitation.
3. We will work for optimal growth and development in childhood, through measures to
eradicate hunger, malnutrition and famine, and thus to relieve millions of children of
tragic sufferings in a world that has the means to feed all its citizens.
4. We will work to strengthen the role and status of women. We will promote responsible
planning of family size, child spacing, breastfeeding and safe motherhood.
5. We will work for respect for the role of the family in providing for children and will
support the efforts of parents, other care-givers and communities to nurture and care for
children, from the earliest stages of childhood through adolescence. We also recognize
the special needs of children who are separated from their families.
6. We will work for programmers that reduce illiteracy and provide educational
opportunities for all children, irrespective of their background and gender; that prepare
children for productive employment and lifelong learning opportunities, i.e. through
vocational training; and that enable children to grow to adulthood within a supportive and
nurturing cultural and social context.

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7. We will work to ameliorate the plight of millions of children who live under especially
difficult circumstances - as victims of apartheid and foreign occupation; orphans and
street children and children of migrant workers; the displaced children and victims of
natural and man-made disasters; the disabled and the abused, the socially disadvantaged
and the exploited. Refugee children must be helped to find new roots in life. We will
work for special protection of the working child and for the abolition of illegal child
labour. We will do our best to ensure that children are not drawn into becoming victims
of the scourge of illicit drugs.
8. We will work carefully to protect children from the scourge of war and to take measures
to prevent further armed conflicts, in order to give children everywhere a peaceful and
secure future. We will promote the values of peace, understanding and dialogue in the
education of children. The essential needs of children and families must be protected
even in times of war and in violence- ridden areas. We ask that periods of tranquility and
special relief corridors be observed for the benefit of children, where war and violence
are still taking place.
9. We will work for common measures for the protection of the environment, at all levels,
so that all children can enjoy a safer and healthier future.
10. We will work for a global attack on poverty, which would have immediate benefits for
children's welfare. The vulnerability and special needs of the children of the developing
countries, and in particular the least developed ones, deserve priority. But growth and
development need promotion in all States, through national action and international cooperation. That calls for transfers of appropriate additional resources to developing
countries as well as improved terms of trade, further trade liberalization and measures for
debt relief. It also implies structural adjustments that promote world economic growth,
particularly in developing countries, while ensuring the well-being of the most vulnerable
sectors of the populations, in particular the children.

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Removal of children without automatic judicial review held to be a breach of childrens

rights:
South Africas Constitutional Court has overturned legislation that enabled state
officials to remove children from family care without requiring prompt and automatic judicial
review. The majority of the Constitutional Court held that prompt judicial review of decisions to
remove children from their families is in the best interests of children and is necessary to
safeguard the right to access to justice. Therefore, the Childrens Act was held to be inconsistent
with section 28 (rights of the child) and section 34 (access to justice) of South Africas Bill of
Rights
The first applicant, Mrs. C, was repairing shoes on a street corner. He had his three year
old daughter with him because his partner, who usually cared for the child, had been
hospitalized. Ms M, a blind woman, was accompanied by her two daughters, aged one and four,
while begging. Social workers removed these children from their parents care in accordance
the Childrens Act, which enabled authorized persons to remove children deemed to be in need
of care and protection.
Pursuant to the Childrens Act, the removal decisions were to be reviewed by a childrens court
after 90 days, during which time the social workers were required to investigate and compile a
report. The legislation did not require automatic judicial review before the end of the 90-day
period.
With the assistance of human rights lawyers, the parents challenged these decisions in the
High Court. The High Court ordered that Mr. Cs child be returned to his care, although Ms
Ms daughters were ordered to remain in state care. In reaching its decision, the High Court
also held that provisions of the Childrens Act authorizing the removals were
unconstitutional. The Constitutional Court was called on to confirm the High Courts
declaration of unconstitutionality.

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SAARC Decade of the Rights of Child (2001-2010)

Third Ministerial Conference on the Children of South Asia held in August 1996, at
Rawalpindi recommended the observance of the SAARC Decade of the Rights of the Child
(2001-2010).
During the Eleventh SAARC Summit (Kathmandu, 4-6 January 2002, the Leaders directed
the Council of Ministers to take concrete steps to give priority to investing in children as an
effective means for poverty reduction in the long run. Reaffirming their commitment to the
Colombo Plan of Action and the Rawalpindi Declaration and recalling the declaration of 2001 to
2010 as the SAARC Decade of the Rights of the Child, the Heads of State or Government noted
with appreciation the South Asia High-level Meeting on Children held in Kathmandu in May
2001. The Expert Group Meeting to finalize the In-depth Assessment Report of the
implementation of the SAARC Decade of the Rights Rights of Child (2001-2010) which was
held at the SAARC Secretariat on 2 April 2010.

CONSTITUTIONAL PROVISIONS:
Though the concept of the rights of the child was not very lucid at the time of making of the
Constitution, it was envisioned that children are the assets of the country. They need protection
and provisions to develop in complete beings capable to steer the nation. The Indian Constitution
contains certain provisions specifically aimed for protection, development and welfare of
children. Art.24 prohibits the employment of children in any factory or mine or in any other
hazardous occupation. Art. 39 (e) & (f) in DPSP lay down that the state shall direct its policy in
such a manner that the tender age of the children is not abused and children are given
opportunities and facilities to develop in a healthy manner and the childhood is protected against
exploitation and against moral and material abandonment. Art. 21 A (vide 86th Amendment)
provide the fundamental right to primary education to the children in the age group of 6-14

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years. Art. 45 in the DPSP creates provision for the early childhood care and education of
children.
OTHER LEGISLATIVE SUPPORT TO THE CHILD RIGHTS
There are a host of other legislations, which guarantee to a substantial extent the rights and
entitlements as provided in the Constitution and in the UN CRC1
1. The Child Marriage Restraint Act, 1929
2. The Children (Pledging of Labour) Act, 1933
3. The Factories Act, 1948
4. The Apprentices Act, 1961
5. The Womens and Childrens Institutions (Licensing) Act, 1956
6. The Mines Amendment Act, 1983
7. The Child Labour (Prohibition and Regulation) Act, 1986
8. The Immoral Traffic (Prevention) Act, 1986
9. The Guardian and Wards Act, 1890
10. The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance
Act, 1956
11. The Orphanages and Other Charitable Homes (Supervision And Control) Act, 196
12. The Probation of Offenders Act, 1958
13. The Reformatory Schools Act, 1897
14. The Young Persons Harmful Publications Act, 1956
15. The Infant Milks Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution Act, 1992
16. The Prenatal Diagnostic Technique (Regulation, Prevention and Misuse) Act, 1994
17. The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
18. The Juvenile Justice Act, 2000

(Source: India Country Report to the UN CRC, 1997)

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It is note worthy that among these legislations 4 belong to the pre independence era, long before
the international community started recognizing the rights of the child.
Obviously these legislations are meant for the benefit of children but are divorced with the rights
approach. At best they can seem to be invested with protectionist welfare approach. Even in the
legislations carried out after India became a signatory to the CRC (only 3), the welfare approach
is all-pervasive. They aim at welfare of the children rather than according them any justiciable
rights.

THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS:

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007
under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December
2005). The Commission's Mandate is to ensure that all Laws, Policies, Programmes, and
Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in
the Constitution of India and also the UN Convention on the Rights of the Child. The Child is
defined as a person in the 0 to 18 years age group.
The Commission visualises a rights-based perspective flowing into National Policies and
Programmes, along with nuanced responses at the State, District and Block levels, taking care of
specificities and strengths of each region. In order to touch every child, it seeks a deeper
penetration to communities and households and expects that the ground experiences inform the
support the field receives from all the authorities at the higher level. Thus the Commission sees
an indispensable role for the State, sound institution-building processes, respect for
decentralization at the level of the local bodies at the community level and larger societal
concern for children and their well-being.

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CASES DECIDED BY JUDICIAL ORGANS:

Lakshmi Kant Pandey v. Union of India2: This is an extremely important case relating to the
adoption of Indian children by persons inside and outside India. In the absence of legislation, the
Supreme Court framed elaborate guidelines in the matter. There was no law to regulate intercountry adoptions and such lack of legal regulation could cause incalculable harm to Indian
children. Considering the possibility of child trade for prostitution as well as slave labor, legal
regulation of such adoptions was essential. Therefore, Justice Bhagwati created a scheme for
regulating both inter-country and intra-country adoptions. The Supreme Court held that any
adoption in violation of or non-compliance 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. Also Indian Council for Social Welfare v. State
of A.P.3
M.C.Mehta v. State of T.N.4: The Supreme Court directed that the employers of children below
14 years must comply with the provisions of the Child Labour (Prohibition and Regulation) Act
providing for compensation, employment of their parents / guardians and their education.
Also Bhandhua Mukti Morcha v. Union of India.5
Gaurav Jain v Union of India6: 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.

[(1984) 2 SCC 244; AIR 1984 SC 469]

[(1999) 6 SCC 365]
4
[(1996) 6 SCC 756; AIR 1997 SC 699]
5
[(1997) 10 SCC 549; AIR 1997 SC 2218]
6
[(1997) 8 SCC 114; AIR 1997 SC 3021]
3

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POLICIES:
The National Policy for Children was adopted on 22nd Aug., 1974. This Policy lies
down that the State shall provide adequate services towards children, both before and after birth
and during the growing stages for their full physical, mental and social development. The
measures suggested include amongst others, a comprehensive health programme, supplementary
nutrition for mothers and children, free and compulsory education for all children up to the age
of 14 years, promotion of physical education and recreational activities, special consideration for
children of weaker sections like SCs and STs, prevention of exploitation of children, etc.
The Government of India adopted the National Charter for Children which has been prepared
after obtaining the views/comments and suggestions of the State Governments/UT
Administrations, concerned Ministries and Departments and experts in the field India acceded to
the UN Convention on the Rights of the Child on 11th Dec., 1992 to reiterate its commitment to
the cause of children. The objective of the Convention is to give every child the right to survival
and development in a healthy and congenial environment.
SCHEMES:
Several Ministries and Departments of the Government of India are implementing various
schemes and programmes for the benefit of children. Some of the Schemes and Programmes
being implemented by the Ministry of Women and Child Development are as under:
Integrated Child Development Services (ICDS) Scheme: The Ministry of Women and Child
Development has launched. The Scheme provides crche services to the children of age group of
0 to 6 year, which includes supplementary nutrition, emergency medicines and contingency. The
Scheme has been named as Rajiv Gandhi National Crche Scheme for the Children of Working
Mothers. .
Programme for Street Children is being implemented by the Ministry of An Integrated
Women and Child Development specifically for those children who are on streets and homeless
and include the rag picking and vagabond children. The Scheme aims at providing full and
wholesome development of children without homes and family ties. The children without homes
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and family ties and children especially vulnerable to abuse and exploitation such as children of
sex workers and children of pavement dwellers are the target group for this Programme.
Financial assistance is provided to the NGOs who are eligible and working for the welfare of the
street children, for Formal & Non-formal Education, Shelter Home, Vocational Training to
Children, Nutrition, health care, sanitation and hygiene, safe drinking water, education and
recreational facilities and protection against abuse and exploitation.

Integrated Programme For Juvenile Justice:

Some special features of the scheme areas:

Establishment of a National Advisory Board on Juvenile Justice

Creation of a Juvenile Justice Fund.

Training, orientation and sensitization of Judicial, administrative police and NGOs

responsible for implementation of JJ Act.

Institutional care shall be used but only as a last measure by enlarging the range of
suitable alternatives.

Financial assistance to bring about a qualitative improvement in the existing

infrastructure.

NGOs:
Child line India Foundation (CIF): It has been set up as a nodal organization, supported by
Government of India, to monitor and ensure the qualitative development of the Child line service
across the country. Child line is a toll free telephone service (1098) which anyone can call for
assistance in the interest of children. It has prescribed minimum quality standards for the
services to be provided by its partner organizations that are implementing Child line
programmers in various cities of the country. CIF is also involved in awareness and advocacy in
order to strengthen the efforts relating to child welfare.

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Sambhav Social Service Organization is a voluntary agency working in the areas of rural and
urban development, child education and women empowerment through advocacy, direct program
interventions and capacity building of the community to access the benefits of State Programs.
Sambhav has a deeply rooted goal to bring about a change in the lives of deprived communities
through peoples organization and capacity building. It has been actively involved in the
organizing Sahariya Tribal communities to assert their rights of equality, Health, food and
secured livelihood and a respectful place in the society.
Education is A Basic Child Right: Case Study
Suman comes from himmatgarh, a village 40 km north from the District headquarter of Shivpuri
District of Madhya Pradesh. Suman is one of those girls who have been facing a barrier in
attending schools due to lack of interest of parents in girl child education and assuming homely
responsibilites to be only of the girls.
On contacting the school in himmatgarh, the teacher shared that most of the girls have been
attending school , except for Suman, whose parents have been tried to made understand , the
importance of education in the overall development of a girl. Following the meeting with the
children Ramsevak visited suman and asked her , why she was not attending school. Suman said
that she does want to come to the school, but her parents are of an opinion that school is not
about education anymore, but more of an institution for distribution for mid-day meal.
The next step was to do IPC with the parents of Suman, who were explained why girl child
education is important not only for the overall development of the girl, but also how education
contributes to the health, education and poverty reduction of the family. On the completion of the
counseling session, Sumans parents shared that they wanted suman to stay home, to look after
the household tasks, while they were out for work, but now since the organizations, government
and schools are themselves making efforts to ensure education for all they must now participate
in this global campaign.
Today Suman is in 10th standard and has secured 86% marks in her examinations. Suman is one
of those who serves as an example for the entire community on how education transforms lives.
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Summarizing
Historical overview of the Childrens rights evolution

In the Antiquity, nobody thought to give special protection to children.

In the Middle-Age, children were considered as small adults.
In the middle of the 19th century, the idea appears in France to give children special protection,
enabling the progressive development of minors rights. Since 1841, laws start to protect
children in their workplace. Since 1881, French laws include the right for the children to be
educated.
At the beginning of the 20th century, childrens protection starts to be put in place, including
protection in the medical, social and judicial fields. This kind of protection starts first in France
and spreads across Europe afterwards.
Since 1919, the international community, following the creation of The League of Nations (later
to become the UN), starts to give some kind of importance to that concept and elaborates a
Committee for child protection.
The League of Nations adopts the Declaration of the Rights of the Child on September 16, 1924,
which is the first international treaty concerning childrens rights. In five chapters it gives
specific rights to the children and responsibilities to the adults.
The Geneva Declaration is based on the work of the Polish physician Janusz Korczak.
World War II and its casualties leave thousands of children in a dire situation. Consequently, the
UN Fund for Urgency for the Children is created in 1947, which became UNICEF and was
granted the status of a permanent international organization in 1953.
From its inception, UNICEF focuses particularly on helping young victims of WW2, taking care
mainly of European children. But in 1953 its mandate is enlarged to a truly international scope
and its actions expanded to developing countries. UNICEF then puts in place several programs
for helping children in their education, health, and their access to water and food.
Since December 10, 1948, the Universal Declaration of Human Rights recognizes that
motherhood and childhood are entitled to special care and assistance.
In 1959 the General Assembly of the UN adopts the Declaration of the Rights of the Child,
which describes in 10 principles the childrens rights. Whereas this text has not been signed by
all the countries and its principles have only an indicative value, it paves the way to a Universal
Declaration of Children Rights.
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After the adoption of the Universal Declaration of Human Rights, the UN wanted to introduce a
Charter of Human Rights which would be enforceable and would oblige the states to respect it.
Thus, a Commission on Human Rights was set up to write this text.
In the midst of the Cold War and after hard negotiations, two texts complementary to the
Universal Declaration of Human Rights were adopted by the General Assembly of the UN in
New York:
The International Charter for Economical, Social and Cultural Rights recognizes the right to the
protection against economical exploitation, the right to be educated and the right to healthcare
The Charter related to Civil Rights establishes the right to have a name and a nationality.
The year 1979 is declared International Year of the Child by the UN. That year saw a real change
of spirit, as Poland makes the proposal to create a working group within the Human Rights
Commission, which is in charge of writing an international charter.
The Convention on the Rights of the Child is adopted unanimously by the UN General Assembly
on November 20, 1989. Its 54 articles describe the economic, social and cultural rights of the
children.
The Convention on the Rights of the Child is the text in relation to human rights which has been
the most rapidly adopted. This text becomes an international treaty and enters in force on
September 2, 1990, after being ratified by 20 states.
The Organization for African Unity adopts the African Charter for the Rights and Welfare of the
Child on July 11, 1990.
The Worst Forms of Child Labour Convention is adopted on June 17, 1999.
In May 2000, the optional protocol to the International Charter of the Child Rights regarding the
participation of children in armed conflicts is ratified. It entered into force in 2002. This text
prohibits minors taking part in armed conflicts.
As of today, the International Charter of the Child Rights has been signed by 190 states of 192,
even though there are a few reservations concerning certain parts of the text. Only the US and
Somalia have signed but not ratified.
Today, its idea and its forceful character are almost universally accepted. However, its
application could still be improved and the transformation of words into acts remains to be done.
In a world where the urgency is the master, where a child dies of hunger every 5 seconds, it is
time to join theory together with its application.maybe it should have started with that ?

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CONCLUSION:
Children are the gift of god. Todays children are tomorrows youth, youths are the future of the
nation. The importance of childrens right must be felt in each and every individuals mind. There
are so many legislations passed to protect the child rights. Not just in human rights concept or
under law we have the moral obligation to protect the rights of children.

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BIBLIOGRAPHY
http://faizlawjournal.blogspot.in/2007/01/constitutional-rights-of-children.html
http://www.un.org/cyberschoolbus/humanrights/resources/child.asp
http://www.pairvi.org/pdf/Research/State%20of%20Child%20Rights%20in%20India.pdf
http://www.crin.org/Law/instrument.asp?InstID=1422
http://www.unicef.org/wsc/declare.htm
http://www.hrcr.org/safrica/childrens_rights/India.html#cases
http://america.cry.org/site/know_us/cry_america_and_child_rights/importance_of_child_rights.h
tml
http://www.crin.org/Law/instrument.asp?InstID=1626
http://smilefoundationindia.org/child_rights.html

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