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ANALYTICAL STUDY OF UN CONVENTION ON RIGHTS OF THE CHILD WITH SPECIAL REFERENCE TO INDIAN JUDICIAL ACTIVISM

by SANDIP BHOSALE | December 12, 2011 3:08 pm TABLE OF CONTENT LIST OF CASES 1. INTRODUCTION 1.1 Introductory 1.1.1 Some Rights of Children 1.1.2 Protection of Child Rights. 1.2 Objective and Purpose of the Study 1.3 Significance of the Study 1.4 Methodology of the Research 1.5 Research Questions 1.6 Chapterisation Plan 2. UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD 2.1 Introductory 2.2 Historical Background of the Convention 2.3 Significance of the Convention 2.4 The New Vision of the Child in the Convention

2.5 A Brief Description of the Convention on the Rights of the Child 2.6 Optional Protocol to the Convention on Rights of the Child 2.6.1 Providing Legal Protection for Children against the Worst forms of Exploitation 2.6.2 Optional Protocol on the Involvement of Children in Armed Conflict 2.6.3 Optional Protocol on the Sale of Children, Child Prostitution And Child Pornography 2.6.4 Using Optional Protocol to Human Rights Instruments 2.7 Conclusion 3. IMPLIMENTATION MEASURES 3.1 Introductory 3.2 Committee on the Rights of the Child 3.2.1 Working procedure. 3.2.2 Urgent procedure 3.3 General Measures of Implementation 3.3.1 Advisory Services 3.4 Conclusion 4. ROLE OF THE INDIAN JUDICIARY 4.1 Introductory 4.2 Child Labour and Right to Education 4.3 Child Labour Welfare and the Locus Standi 4.4 Juvenile Justice 4.5 Adoption of Children 4.6 Sexual Exploitation of Children 4.7 Rehabilitation of Child Prostitutes

4.8 Conclusion 5. CONCLUSION AND SUGGESIONS 5.1 Conclusion 5.2 Suggestions 5.1.2 Alternative Suggestions LIST OF THE CASES

Gaurav Jain v. Union of India, AIR 1997 SC 3051. Peoples Union for Democratic Rights v. Union of India, AIR 1982 SC 1473. Goodricke Group Ltd v Center of West Bengal, (1) SCC 707. Lakshmikant Pandey v Union of India, AIR 1986 SC 1272. M.C. Mehta v. State of Tamil Nadu, AIR 1991 SC 417. Salal Hydro Project v. Jammu and Kashmir, AIR 1987 SC 177. Sheela Barse v Secretary Children Aid Society, AIR 1987 SC 656. Sheela Barse v. Union of India, AIR 1986 SC 1777. Unni Krishnan J.P. v State of Andhra Pradesh, AIR 1993 SC 2178. Vishal Jeet v. Union of India, AIR 1990 SC 1413.

CHAPTER ONE INTRODUCTION There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow up in peace. -Kofi Annan[1] 1.1 Introductory

Every nation, developed or developing links its future with the status of the child. Childhood hold the potential and also sets the limit to the future development of society. Children are greatest gift to humanity. The children signify eternal optimism in the human being and always provide the potential for human development. If the children are better equipped with a broader human output, the society will feel happy with them. Neglecting the children means loss to the society as a whole. If the children are deprived of their childhood; economically, socially, physically and mentally, the nation gets deprived of the potential human resources for social progress, economic empowerment, peace and order, social stability and good citizenship[2]. For full development as human being, exercise and enjoyment of human rights by all is necessary. Human rights and fundamental freedoms help us to develop our intrinsic qualities, intelligence, talent and conscience to meet our material and spiritual needs[3]. In 1948, The United Nation General Assembly adopted and proclaimed a code commonly known as Universal Declaration of Human Rights which called all member states to pledge themselves to achieve, inter alia, and promote special protective care and assistance to children[4]. About two billion children in the world are living in dehumanizing conditions. Millions of children in various age groups are employed in industries, hotels and other places on account of object poverty; several others are disabled, orphaned and traumatized due to wars, landmines and various national and international policies of the governments of the world detrimental to the interest of the child. Deprived of proper education, health and basic amenities of life, they are forced to work at a very young age, in difficult and hazardous fields simply to sustain their own lives and that of their families, who entirely depend on them. It may be true that much attention is being paid to improve the conditions of the child through the enactment of various laws, by holding seminars and conferences and through declarations, conventions at regional and international initiatives and instruments have made little difference to the live of millions of suffering children and have achieved practically little in terms of their welfare. It is obvious that in civilized society, the importance of child welfare cannot be overemphasized because the welfare of the entire community, its growth and development depends on the health and well being of its children. Children are a supremely important national asset and the future of a nation depends on how its children grow and develop. Thus children are the very soul of any nation[5]. The study of law relating to children is very important because the man of tomorrow will be of the same kind as today he is a child. Actually child is future of the nation. When we discuss about the rights of the child, we discuss about the rights of the person who may not even envisage those rights of the child and who cannot fight for those rights. If he does so, people may not consider his word as valid because he is minor. It is presumed that he does not understand what is in his interest. Therefore, it is for adults to consider, formulate and fight for those rights. Considering its importance the General Assembly adopted on 20th November, 1989 the United Nation Convention on the Rights of Child[6] which came in force on 2nd September, 1990 after receiving the necessary ratification. India acceded to it in the year 1992. Children should grow and develop all rounds physically, mentally, emotionally, and socially. For this, proper care and facilities should be provided to them. Children need food, clothing, shelter, health facilities, education, protection, entertainment and above all love and care. These are the basic rights of children. Children can demand these things from their parents and elders. Most of the children are not aware of their rights. Hence, it is the responsibility of the adults to make them aware of their

rights. Children are tender and small. Children are dependent on their elders. The future of every child depends on care, facilities and opportunities they get during their childhood. Therefore, if children do not get what they need, they cannot grow up to become worthy citizens of the country. In order to grow up properly, some basic needs are to be fulfilled as their rights. 1.1.1 Some Rights of Children The rights of the children provided under various enactments and the legislations are the following:

Right to food Right to clothing Right to shelter Right to education Right to entertainment. Right to good health and proper care Right to name and country.

These are some of the rights. It does not matter whether a child is rich or poor, has parents or is an orphan, is strong or weak, sick or healthy, all children have the same rights. 1.1.2 Protection of Child Rights The evolution of international standards to protect children is a product of global modernity, which makes the international consensus that is the basis of the CRC even possible; but this evolution is also more necessary because global modernity has proliferated conditions of child exploitation by redefining the functions of the family, kinship and community.[7]Human rights apply to all age groups; children have the same general human rights as adults. But children are particularly vulnerable and so they also have particular rights that recognize their special need for protection. While the Convention on the Rights of the Child is addressed to governments as representatives of the people, it actually addresses the responsibilities of all members of society. Overall, its standards can be realized only when respected by everyone parents and members of the family and the community; professionals and others working in schools, in other public and private institutions, in services for children, in the courts and at all levels of government administration and when each of these individuals carries out his or her unique role and function with respect to these standards. Governments are obliged to recognize the full spectrum of human rights for all children and consider children in legislative and policy decisions. While many States are beginning to listen seriously to childrens views on many important issues, the process of change is still in its earliest stages. Children have a right to express their opinions and to have their views taken seriously and given due weight. But children also have a responsibility to respect the rights of others, especially those of their parents. The Convention specifically refers to the family as the fundamental group of society and the natural environment for the growth and well-being of its members, particularly children. Under the Convention, States are obliged to respect parents primary responsibility for providing care and guidance for their children and to support parents in this regard, providing

material assistance and support programmes. States are also obliged to prevent children from being separated from their families unless the separation is necessary for the childs best interests. Against this background this work on Analytical study on UN Convention on Rights of the Child with special reference to Indian judicial activism in promoting and implementing the international law norms in the Indian Courts on human rights, particularly in Child rights assumes special significance.[8] 1.2 Objective and Purpose of the Study

To examine the status of children. To make peoples aware regarding the Rights of Child. To ascertain the place of international law in the Indian law, particularly on child rights with special emphasis on the judicial approach to the subject. To provide a broad overview about children as well as provoke a rethinking of settled ideas about children.

1.3 Significance of The Study Children are the weakest and most vulnerable section of human population in any country since they are unable to raise their voice against those who injure them. Children are a supremely important national asset and the future of nation depends on how its children grow and develop. Every society must, therefore devote full attention to ensure that children are properly cared for and brought up in a proper atmosphere where they would receive adequate training, education and guidance in order that they may be able to have their rightful place in society when they grew up. In spite of the medley of laws, children are still continued to live under the stress and strain of societys domination that manifests itself in the form of various kind of cruelties. Therefore keeping this aspect in mind, the present paper is directed to the study of Rights of the child, the paper is devoted to the analytical study of UN Convention on Rights of the children with special reference to Indian judicial activism. The main aims to highlight the position of children under national and international laws. 1.4 Methodology of the Research This research work is mainly descriptive and analytical. This study is based on library material and analysis of data collected from various sources such as books, journals, newspapers and law reporters. 1.5 Research Questions In this paper the answers to following questions are sought.

How does the Convention on the rights of the child define a child. What is the new status of the child in the convention. How does the Convention on the Rights of the Child protect childrens rights. What are the implementations measures concerning rights of the child. Whether failure to implement the childrens rights hold states responsible. What are the significant cases relating law concerning the rights of children dealt by Indian Judiciary.

What reforms can be suggested in this direction.

1.6 Chapterisation Plan The whole research is divided into five chapters. The Chapter One is introduction, contains object, purpose and significance. This chapter also tells about methodology of the study and research questions. Chapter Two deals with the United Nations Convention on the rights of the Child. Chapter Three deals with implementation measures and working procedure of Committee on Right of the child. Chapter Four deals with Role of the India Judiciary in Protection of Childrens Rights. Chapter also deals with area wise a case dealt by Indian judiciary.Chapter Five contains Suggestions and Conclusion. CHAPTER TWO UNITED NATION COVENTION ON RIGHTS OF THE CHILD 2.1 Introductory The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. The Convention generally defines a child an under the age of eighteen, unless an earlier age of majority is recognized by a countrys law. Nations that ratify this convention are bound to it by international law. Compliance is monitored by the United Nations Committee on the Rights of the Child which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child. Governments of countries that have ratified the Convention are required to report to, and appear before, the United Nations Committee on the Rights of the Child periodically to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country. Their reports and the committees written views and concerns are available on the committees website. The United Nations General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child. It came into force on 2 September 1990, after it was ratified by the required number of nations. As of November 2009, 194 countries have ratified it, including every member of the United Nations except Somalia and the United States of America. Somalias cabinet ministers had announced plans to ratify the treaty. Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits

the sale of children, child prostitution and child pornography. Both protocols have been ratified by more than 140 states[9]. Detick, who has provided adetailed and authoritative annotation of each of the substantive articles of the CRC, concludes: While the Convention on the Rights of the Child may not be the last or complete words on childrens rights, it is the first universal instrument of a legally binding nature to comprehensively address those rights. As such, it forms a universal benchmark on the rights of the child a benchmark against which all future claims for evolution will and must be answered.[10] 2.2 Historical Background of the Convention The roots of the UNCRC can be traced back to 1923 when Eglantyne Jebb, founder of Save the Children, summarized the rights of children in five points. Her Declaration of the Rights of the Child was adopted by the League of Nations in 1924 and the five points subsequently became known as the Declaration of Geneva. Following World War II, and its atrocities, the United Nations (UN) concentrated on producing the Universal Declaration of Human Rights, which was adopted in 1948. Although the rights of children were implicitly included in this Declaration, it was felt by many to be insufficient and that the special needs of children justified an additional, separate document. In November 1959, the UN General Assembly adopted the second Declaration of the Rights of the Child. This consisted of ten principles and incorporated the guiding principle of working in the best interests of the child. However, this 1959 Declaration was not legally binding and was only a statement of general principles and intent. Ten years in the making, the UNCRC was adopted by the UN General Assembly in 1989, exactly thirty years after the 1959 Declaration. On 2 September 1990 it entered into force as international law[11]. The 54 Articles of the UN Convention on the Rights of the Child, or CRC, is the latest tool created by the world community to advance the notion of human rights, this time for the worlds most vulnerable citizens. Its development began in 1924 within the League of Nations. The CRC was worked on extensively from 1979 (the Year of the Child) until its presentation to the UN a decade later, in 1989. Introduced formally at the World Summit for Children in New York in 1990 (the largest gathering of world leaders to that point), the impact of this new document parallels that of the UNs Universal Declaration of Human Rights, adopted just after the end of World War II. The CRC represents the zenith of humanitys efforts to guarantee children the right to healthy survivalto development, education and healthcare, and freedom from physical, mental and sexual abuse or exploitation. Furthermore, the CRC guarantees children the right to participate meaningfully in their own destiny. What a noble concept when read and understood in its entirety. Its Articles support and strengthens the family as the primary environment where these freedoms are given birth and fostered. In 1948, no one envisioned the impact of these types of UN treaties on the global community of nations. Looking back on the past half century, we see their influence has been profound. At present, all nations have an awareness of human rights, and what constitutes a violation of such rights. Trading nations with more civil social systems can and do apply effective pressure on their neighbors to respect these individual rights and freedoms.

I believe the fact that Nelson Mandela was released rather than murdered, and that South Africa is now a functioning multi-racial and multi-cultural democratic society is the result of an evolving awareness of human rights issues over the past half century. The same could be argued for the breakdown of communism and the Berlin Wall, or the transformation from the brutal personality cult dictatorship of Marcos to the beginnings of democratic institutions in the Philippines. Numerous other examples exist around the world. These mostly peaceful transitions had their roots in a growing global awareness about the availability of expanding freedoms, found most notably in the US. The world has made progress in the last century and the area of human rights is one of our most important achievements. Now, at least, there are international standards, and pressure can be applied to nations that do not live up to these principles. The Convention on the Rights of the Child differs significantly from the UNs Universal Declaration of Human Rights of 50 years ago. The CRC has a staged implementation process, beginning with signing the document, and then ratifying it throughout a country or State. Ratification is actually an accountability process since each nation is then required to report back to an independent UN body every five years reviewing the state of its children. What makes this treaty so extraordinary is the fact that over 190 nations on the planet have both signed and ratified it. Almost the entire world has agreed on how we wish to treat our most precious resource, our children. Indeed, only two have not! This makes the CRC document the most widely agreed upon issue in the history of humanity. Of the two nations who have not ratified, Somalia has completely ignored the debate, as you may well expect. The other country has signed, but the ratification process, the real accountability built into United Nations Conventions, has been delayed politically. You may be dismayed to find that the United States is this other nation. It is my understanding that the conservative senator Jesse Helms and others have blocked its acceptance in the US Senate. Widespread misconceptions about the Conventions intent and provisions, and a lack of public understanding about how this type of agreement is treated by the US government, have induced a significant level of opposition to the CRC in the US. The time is now for public education, grassroots advocacy, and letter-writing campaigns to the US Senate in support of ratification of the CRC.[12] Let me say here briefly that I am sensitive to the possible perception of tossing stones while living in a more northerly glass house, but I consider this issue worth the risk[13]. It was in 1924 that the League of Nations endorsed the first declaration of the rights of the child, which originated with save the Children International Union. The Charter of United Nation speaks of promoting and encouraging respect for human rights and fundamental freedoms for all and Universal Declaration of Human Rights, adopted by General Assembly of the recently established United Nations in 1948 stress that All Human beings are born free and equal in dignity and rights. The Universal Declaration, while adopting everyones rights in addition confirmed that motherhood and childhood are entitled to special care and protection, and promoted the family as the natural and fundamental group unit of society. Also in 1948, the General Assembly adopted its first brief seven point Declaration of the rights of the Child building on the 1924 Declaration by present Declaration of the Rights of the Child,.men and women of all nations, organizing that mankind owes to the Child the best it has to give, declare and accept it as their duty to meet this obligation in all respects

A proposal was accepted, almost immediately, to draft a more detailed declaration. Ten years later, the 1959 Declaration of the Rights of the Child was adopted, retaining some of the earlier language and adding detail. The preamble of the Declaration of the Rights of the Child 1950 points out that the child, by reason of his physical and mental immaturity needs special safeguards and care including appropriate legal protection before as well as after birth and that mankind awes to the Child the best it has to give and proceeds to formulate several principles. In 1961, the two international covenants on Civil and political rights and on Economic, social and cultural rights were adopted, completing the International Bill of Human Rights and providing legal as well as moral obligations to respect everyone human rights[14]. 2.3 Significance of the Convention Effecting that change requires us to use the CRC in its fullest sense, and to take advantage of its three following fundamental strengths. 1) First, it is a legal instrument, defining unequivocally the responsibilities of government to Children within their jurisdiction. 2) Second, it is a framework for the duties born by different actors at different levels of society to respond to the rights of Children, and it helps us understand the knowledge, skills, resources or authority needed to fulfill those duties. 3) Third, it is an ethical statement, both reflecting and building upon core human values about our commitment to collectively provide the worlds children with the best we have to give. 2.4 The New Vision of the Child in the Convention The Convention provides a universal set of standards to be adhered to by all countries. It reflects a new vision of the child. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights. The Convention offers a vision of the child as an individual and a member of a family and a community, with rights and responsibilities appropriate to his or her age and stage of development.[15] 2.5 A Brief Description of the Convention on the Rights of the Child. Definition of the Child[16]: The Convention defines a child as a person below the age of 18, unless the laws of particular country set the legal age for adulthood younger. The Committee on the Rights of the Child, the monitoring body for the Convention, has encouraged States to review the age of majority if it is set below 18 and to increase the level of protection for all children under 18. Non- Discrimination[17]: The Convention applies to all children, whatever their race, religion or abilities, whatever they think or say, whatever type of family they come from. It doesnt matter where children live, what language they speak, what their parents do, whether they are boys or girls, what their culture is, whether they have a disability or whether they are rich or poor. No child should be treated unfairly on any basis.

Best Interests of Child[18]: The best interest of children must be the primary concern in making decisions that may affect them. All adults should do what is best for children. When adults make decision, they should think about how their decisions will affect children. This particularly applies to budget, policy and law makers Protection of Rights[19]: Governments have a responsibility to take all available measures tp make sure childrens rights are respected, protected and fulfilled. When countries ratify the Convention, they agree to review their laws relating to children. This involves assessing their social services, legal, health and educational systems, as well as levels of funding for these services. Governments are then obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these areas are being met. They must help families protect childrens rights and create an environment where they can grow and reach their potential. In some instances, this may involve changing existing laws or creating new ones. Such legislative changes are not imposed, but come about through the same process by which any law is created or reformed within a country. Article 41 of the Convention points out higher standards always prevails. Parental Guidance[20]: Governments should respect the rights and responsibilities of families to direct and guide their children so that, as they grow, they learn to use their rights properly. Helping children to understand their rights does not mean pushing them to make choices with consequences that they are too young to handle. Article 5 encourages parents to deal with right issues in a manner consistent with the evolving capacities of the child. The Convention does not take responsibility for children away from their parents and give more authority to governments. It does place on governments the responsibility to protect and assist families in fulfilling their essential role as nurtures of children. Survival and Development[21]: Children have the right to live. Government should ensure that children survive and develop healthily. Registration, Name, and Nationality, Care[22]: All the children have the right to a legally registered name, officially recognized by the government. Children have the right to a nationality and also have the right to know and, as far as possible, to be cared for by their parents Preservation of Identity[23]: Children have the right to an identity- an official record of who they are. Governments should respect childrens right to a name, a nationality and family ties Separation from Parents[24]: Children have the right to love with their parents, unless it is bad for them. Children whose parents do not live together have the right to stay in contact with both parents, unless this might hurt the child. Family Reunification[25]: Families whose members live in different countries should be allowed to move between those countries so that parents and children can stay in contact, or get back together as a family Kidnapping[26]: Government should take steps to stop children being taken out of their own country illegally. This article is particularly concerned with parental abductions. The Conventions Optional Protocol on the sale of children, child prostitution and child pornography has a provision that concern abduction for financial gain.

Respect for the Views of the Child[27]: when adults are making decisions that affect children, children have the right to say what they think should happen and have their opinions taken into account. This does not mean that children can now tell their parents what to do. This Convention encourages adults to listen to the opinions of children and involve them in decision making not give children authority over adults. Article 12 does not interfere with parents right and responsibility to express their views on matters affecting their children. Moreover, the convention recognizes that the level of childs participation in decisions must be appropriate to the childs level of maturity. Childrens ability to form and express their opinions develops with age and most adults will naturally give the views of teenagers greater weight than those of a preschooler, whether in family, legal or administrative decisions. Freedom of Expression[28]: Children have the right to get and share information, as long as the information is not damaging to them or others. In exercising the right to freedom of expression, children have the responsibility to also respect the rights, freedoms and reputations of others. The freedom of expression includes the right to share information in any way they choose, including by talking, drawing or writing. Freedom of Thought, Conscience and Religion[29]: Children have the right to think and believe what they want and to practice their religion, as long as they are not stopping other people from enjoying their rights. Parents should help guide their children in these matters. The Convention respects the rights and duties of parents in providing religious and moral guidance to their children. Religious group around the world have expressed support for the Convention which indicates that it in no way prevents from bringing their children up within a religious tradition. At the same time, the Convention recognizes that as children mature and are able to form their own views, some may question certain religious practices or cultural traditions. The Convention supports childrens right to examine their beliefs, but it also state that their right to express their beliefs implies respect for the rights and freedom of others Freedom of Association[30]: Children have the right to meet together and to join groups and organizations, as long as it does not stop other people from enjoying their rights. In exercising their rights, children have the responsibility to respect the rights, freedoms and reputations of others. Right to Privacy[31]: Children have a right to privacy. The law should protect them from attacks against their way of life, their good name, their families and their homes. Access to Information; Mass Media[32]: Children have the right to get information that is important to their health and well being. Governments should encourage mass media- radio, television, newspaper and Internet content sources- to provide information that children can understand and to not promote materials that could harm children. Mass media should particularly be encouraged to supply information in languages that minority and indigenous children can understand. Children should also have access to childrens books. Parental Responsibilities; State Assistance[33]: Both parent share responsibility for bringing up their children, and should always consider what is best for each child. Government must respect the responsibility of parents for providing appropriate guidance to their children the Convention does not take responsibility for children away from their parents and give more authority to governments. It places a responsibility on governments to provide support services to parents, especially if both parents work outside the home.

Protection from All Forms of Violence[34]: Children have the right to be protected from being hurt and mistreated, physically or mentally. Government should ensure that children are properly cared for and protect them from violence, abuse and neglect by their parents, or anyone else who looks after them. In terms of discipline, the Convention does not specify what form of punishment parents should use. However any form of discipline involving violence is unacceptable. There are ways to discipline children that are effective in helping children learn about family and social expectation for their behavior ones that are nonviolent, are appropriate to the childs level of development and take the best interests of the child into consideration. In most countries, laws already define what sort of punishment is considered excessive or abusive; it is up to each government to review these laws in light of the Convention. Children Deprived of Family Environment[35]: Children who cannot be looked after by their own family have the right to special care and must be looked after properly, by people who respect their ethnic group, culture and language. Adoption[36]: Children have the right to care and protection if they are adopted or in foster care. The first concern must be what is best for them. The same rules should apply whether they are adopted in the country where they were born, or if they are taken to live in another country. Refugee Children[37]: Children have the right to special protection and help if they are refugee, as well as all the rights in this Convention. Children with Disabilities[38]: Children who have any kind of disability have the right to special care and support, as well as all the rights in the Convention, so that they can live full and independent lives. Health and Health Services[39]: Children have the right to good quality health care- the best health care possible-to safe drinking water, nutritious food, a clean and safe environment, and information to help them stay healthy. Rich countries should help poorer countries achieve this. Review of Treatment in Care[40]: Children who are looked after by their local authorities, rather than their parents, have the right to have these living arrangements looked at regularly to see if they are the most appropriate. Their care and treatment should always be based on the best interest of the child. A Social Security[41]: Children-either through their guardians or directly- have the right to help from the government if they are poor or in need. Adequate Standard of Living[42]: Children have the right to a standard of living that is good enough to meet their physical and mental needs. Governments should help families and guardians who cannot afford to provide this, particularly with regard to food, clothing and housing. Right to Education[43]: All children have the right to a primary education, which should be free. Wealthy countries should help poorer countries achieve this right. Discipline in schools should respect children dignity. For children to benefit from education, schools must be run in an orderly way- without the use of violence. Any form of school discipline should take into

account the childs human dignity. Therefore, government must ensure that school administrators review their discipline policies and eliminate any discipline practices involving physical or mental violence, abuse or neglect. The Convention places a high value on education. Young people should be encouraged to reach the highest level of education of which they are capable. Goal of Education[44]: Childrens education should develop each childs personality, talents and abilities to the fullest. It should encourage children to respect others, human rights and their own and other cultures. It should also help them learn to live peacefully, protect the environment and respect other people. Children have a particular responsibility to respect the rights of parents, and education should aim to develop respect for the values and culture of their parents. The Convention does not address such issues as school uniforms, dress codes, the singing of national anthem or prayer in schools. It is up to governments and school official in each country to determine whether, in the context of their society and existing laws, such matters infringe upon other rights protected by the Convention. Children of Minorities/Indigenous Groups[45]: Minority or indigenous children have the right to learn about and practice their own culture, language and religion. The right to practice ones own culture, language and religion applies to everyone; the Convention here highlights this right in instances where the practices are not shared by the majority of people in the country. Leisure, Play and Culture[46]: Children have the right to relax and play, and to join in a wide range of culture, artistic and other recreational activities. Child Labour[47]: the government should protect children from work that is dangerous or might harm their health or their education. Which the Convention protects children from harmful and exploitative work; there is nothing in it that prohibits parents from expecting their children to help out at home in ways that are safe and appropriate to their age. If children help out in a family farm or business, the task they do be safe and suited to their level of development and comply with national labour laws. Childrens work should not jeopardize any of their rights, including the right to education, or the right to relaxation and play. Drug Abuse[48]: Government should use all means possible to protect children from the use of harmful drugs and from being used in the drug trade. Sexual Exploitation[49]: Government should protect children from all form of sexual exploitation and abuse this provision in the Convention is augmented by Optional Protocol on the sale of children, child prostitution and child pornography. Abduction, Sale and Trafficking[50]: the government should take all measures possible to make sure that children are not abducted, sold or trafficked. This provision in the Convention is augmented by Optional Protocol on the sale of children, child prostitution and child pornography. Other form Exploitation[51]: Children should be protected from any activity that takes advantage of them or could harm their welfare and development

Detention and Punishment[52] no one is allowed to punish children in a cruel or harmful way. Children who break the law should not treat cruelly. They should not be put in prison with adults, should be able to keep in contact with their families, and should not be sentenced to death or imprisonment without possibility of release. Rehabilitation of Child Victims[53]: Children who have been neglected, abused or exploited should receive special help to physically and psychologically recover and reintegrate into society. Particularly attention should be paid to restoring the health, self respect and dignity of the child. War and Armed Conflicts[54]: Governments must do everything they can to protect and care for children affected by war. Children under 15 should not be forced or recruited to take part in a war or join the armed forces. The Conventions Optional Protocol on the involvement of children in armed conflict further develops this right, rising the age for direct participation in armed conflict to 18 and established a ban on compulsory recruitment for children under 18. Juvenile Justice[55]: Children who are accused of breaking the law have the right to legal help and fair treatment in a justice system that respects their rights. Governments are required to set a minimum age below which children cannot be held criminally responsible and to provide minimum guarantees for the fairness and quick resolution of judicial or alternative proceedings. Respect for Superior National Standards[56]: if the laws of a country provide better protection of childrens rights than the articles in this Convention, those laws should apply. Knowledge of Rights[57]: Government should make the Convention known to adultsw and children. Adults should help children learn about their rights, too. Implementation Measures: articles 43-54 discuss how governments and international organizations like UNICEF should work to ensure children are protected in their rights. 2.6 Optional Protocol to the Convention on Rights of the Child. 2.6.1 Providing Legal Protection for Children against the Worst forms of Exploitation The Convention on the Right of the Child, a universally agreed set of non-negotiable standards and obligations, provides protection and support for the rights of the children. In adopting the Convention, the international community recognized that people under 18 years of age often need special care and protection that adults do not. To help stem the growing abused and exploitation of children worldwide, the United Nations General Assembly in 2000 adopted two Optional Protocols[58] to the Convention to increase the protection of children from involvement in armed conflicts and sexual exploitation. The Optional Protocol on the involvement of Children in armed conflict established 18 as the minimum age for compulsory recruitment and requires States to do everything they can to prevent individuals under the age of 18 from taking a direct part in hostilities.

The Optional Protocol on the sale of children, child prostitution and child pornography draws special attention to the criminalization of these serious violations of childrens rights and emphasizes the importance of fostering increased public awareness and international cooperation in efforts to combat them. The Optional Protocol must always be interpreted in light of the original treaty as a whole, in this case guided by the principles of nondiscrimination, best interest of the child and child participation. 2.6.2 Optional Protocol on the Involvement of Children in Armed Conflict Worldwide, an estimated 300,000 children are engaged in armed conflictswith tragic consequences. They are often forcibly recruited or abducted to join armies, some under the age of 10. Many of them have witnessed or taken part in acts of unbelievable violence, often against their own families or communities. In Article 38, the Convention on the Rights of the Child urges governments to take all feasible measures to ensure that children under 15 have no direct part in hostilities. The Protocol requires States who ratify it to take all feasible measures to ensure that members of their armed forces under the age of 18 do not take a direct part in hostilities. States must also raise the minimum age for voluntary recruitment into the armed forces from 15 years but does not require a minimum age of 18. The Protocol does, however, remind States that children under 18 are entitled to special protection and so any voluntary recruitment under the age of 18 must include sufficient safeguards. It further bans compulsory recruitment below the age of 18. States parties must also take legal measures to prohibit independent armed groups from recruiting and using children under the age of 18 in conflicts. When ratifying the Protocol, States must make a declaration regarding the age at which national armed forces will permit voluntary recruitment, as well as the steps that States will take to ensure that such recruitment is never forced or coerced. This requirement is particularly important because the Optional Protocol does not establish age 18 as a minimum for voluntary recruitment into the armed forces only for direct participation in armed conflict. After receiving the first 10 ratifications needed for its entry into force, the Optional Protocol on the involvement of children in armed conflict became legally binding on 12 February 2002. Today, more than 100 countries have signed and ratified this Protocol.[59] 2.6.3 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Commercial sexual exploitation of childrensuch as the sale of children, child prostitution, and child sex tourism and child pornographyare prevalent all over the world. An estimated one million children (mainly girls but also a significant number of boys) enter the multibillion dollar commercial sex trade every year, suffering degradation and life-threatening risk. Articles 34 and 35 of the Convention on the Rights of the Child say that governments should protect children from all forms of sexual exploitation and abuse and take all measures possible to ensure that they are not abducted, sold or trafficked. The Conventions Optional Protocol on the sale of children, child prostitution and child pornography supplements the

Convention by providing States with detailed requirements to end the sexual exploitation and abuse of children. It also protects children from being sold for non-sexual purposessuch as other forms of forced labour, illegal adoption and organ donation. The Protocol provides definitions for the offences of sale of children, child prostitution and child pornography. It also creates obligations on governments to criminalize and punish the activities related to these offences. It requires punishment not only for those offering or delivering children for the purposes of sexual exploitation, transfer of organs or children for profit or forced labour, but also for anyone accepting the child for these activities. The Protocol also protects the rights and interests of child victims. Governments must provide legal and other support services to child victims. This obligation includes considering the best interests of the child in any interactions with the criminal justice system. Children must also be supported with necessary medical, psychological, logistical and financial support to aid their rehabilitation and reintegration. As a complement to the Convention on the Rights of the Child, interpretation of the Optional Protocols text must always be guided by the principles of non-discrimination, best interests of the child and child participation. The value of international cooperation and public education are also stressed in the Protocol. International cooperation is important as a means of combating these often transnational activities. Public awareness, information and education campaigns also help protect children from these serious violations of their rights. After receiving the first 10 ratifications needed for its entry into force, the Optional Protocol on the sale of children, child prostitution and child pornography became legally binding on 18 January 2002. Today, more than 100 countries have signed and ratified this Protocol.[60] 2.6.4 Using Optional Protocol to Human Rights Instruments Human rights treaties are often followed by optional protocol, additional legal mechanisms that complement and add to the treaty. A protocol may be on any topic relevant to the original treaty and is used to further address something in the original treaty, address a new or emerging concern or add a procedure for the operation and enforcement of the treaty- such as adding an individual complaints procedure. The Optional Protocols to the Convention on the Rights of the Child provide more detail and expand obligations beyond those under the original treaty. A protocol is optional because it is not automatically binding on State that has already ratified the original treaty. The obligations in the protocol are additional and may be more demanding than those in the original convention, and so States must independently choose whether or not to be bound by a protocol. Accordingly, an optional protocol has its own ratification mechanism independent of the treaty it complements. Generally, only States that have already agreed to be bound by an original treaty may ratify its optional protocols. The Optional Protocols to the Convention on the Rights of the Child do however permit nonStates parties to ratify or accede to them. For example, the United States, which has not ratified the Convention, has ratified both of the Optional Protocols. States must ratify each of the Protocols following the same procedure required when ratifying the Convention.[61] 2.7 Conclusion The needs of children form the basis for a universal set of standards by which all children should be treated in order for them to achieve their full potential for health and development.

The Convention on the Rights of the Child codifies these needs and acknowledges them as human rights which all children are entitled to have fulfilled. Childrens rights cannot be realized unless adults with responsibilities for children take the necessary action to make them a reality. Accordingly, the Convention places responsibilities on governments and other adults to take all necessary action to ensure the realization of all rights for all children. In summary:

All children have rights that emanate from their humanity. In addition, all children have basic universal needs. These needs form a basic set of common standards necessary for optimal health and development. Children are entitled to be treated according to these common standards. These standards impose obligations on adults to ensure their fulfillment. A commitment to fulfilling these obligations creates rights for children to have their needs met. These rights have been codified into an international human rights treaty, the UN Convention on the Rights of the Child, which introduces obligations on governments, and other responsible adults and agencies, to protect and promote the rights of children necessary to fulfill their needs.[62]

CHAPTER THREE IMPLEMENTATION MEASURES 3.1 Introductory As in any of the international conventions, implementation is the weakest part of the Convention on the Rights of the Child. Article 43 of the Convention provides that for the purpose of examining the progress made by states and the realization of the obligations undertaken in the Convention, there shall be a Committee on the Rights of the Child. Article 45 provides for the effective implementation of the Convention and to encourage international co-operation, the Committee may invites specialized agencies, UN organs and the UNICEF to be represented at the consideration of implementation of such provisions as they would fall within their respective mandates. One of the main drawbacks of the Convention is that nowhere does it hold state responsible for failure to implement the childrens rights they have accepted as a matter of obligation. 3.2 Committee on the Rights of the Child A Committee on the Rights of the Child has been monitoring the Convention since 1991.The Committee in accordance with Article 43 of the Convention, is composed of ten experts of high moral standing and recognized competence. The members of the Committee are elected for a term of four years and are eligible for reflection. The Conference of State Parties to the Convention on 12, 1995 adopted an amendment to Article 43 increasing the membership of

the Committee to 18 experts. The amendment was approved by the General Assembly on December 21, 1995.[63] The members of the Committee shall be elected by secret ballot from a list of persons nominated by State Parties. Each State Party may nominate one person from among its own nationals. The Committee on the Rights of the Child is a body of experts monitoring the implementation of the CRC by State Parties to the Convention. The Committee holds regular session per year to review State Parties report on progress made in fulfilling their obligations under the Convention and its Optional Protocols. The Committee can make suggestions and issue recommendations to government and the General Assembly on ways to meet the Conventions objectives. All State parties are obliged to submit regular report to the Committee on how the rights are being implemented. State must report initially two year after ascending to the Convention and then every five years. The committee examines each report and addresses its concerns and recommendations to the State party in the form of concluding observations the Committee reviews additional report which must be submitted by State who acceded to the two Optional Protocol to the Convention[64] 3.2.1 Working procedure A working group of the Committee meets prior to each of its session for a preliminary examination of reports received from state parties, and to prepare the Committees discussions with the representatives of reporting State. In addition to State report, the working group considers information provided by other human treaty bodies. The Committee also receives information from mechanisms established by the Commission on Human Rights to investigates human rights problems in specific countries or on thematic issues, for example the Special Rapporteurs on torture, on extrajudicial, summary or arbitrary executions and on violence against women. A key partner in this context is the Special Rapporteur on the sale of children, child prostitution and child pornography 3.2.2 Urgent procedure There is no procedure outlined in the Convention for individual complaint from children or their representatives. The Committee may, however request further information relevant to the implementation of the Convention. Such additional information may be requested from Governments if there are indications of serious problems. 3.3 General Measures of Implementation In drafting its reporting guidelines for States, the Committee on the Rights of the Child placed emphasis on concrete implementation measures which would make a reality of the principles and provisions of the Convention. More specifically, the Committee paid special attention to necessary reforms within the spirit of the convention and procedures for constant scrutiny of progress. Under article 4 of the Convention, State parties are required to undertake all appropriate legislative, administrative and other measures to the maximum extent of their available resources and where needed, within the framework of international cooperation. An early step in the implementation process is for a State party to review its legislation and ensure that laws are consistent with the Convention for instance law are needed for the protection of children against exploitation in both the formal and informal labour market, and to ensure free and compulsory primary education. Mechanism may be introduced at the national and local level to coordinate policies and monitor the implementation of the

Convention, including through an ombudsmans office. The political decision making process is important. What procedure are there to ensure that childrens affairs are taken seriously in all relevant governmental structures, as well as in both the parliament and local assemblies? Are there opportunities for children themselves and their representatives to make them heard? The gathering of reliable and relevant information on the situation of children is another important step to be taken. With precise data, discussion regarding remedies will be better informed and focused. Improvement of the capacity of the national statistical office can therefore be an essential contribution to the implementation of the Convention. Other means of the principles and rights enshrined in the Convention are education and training of personnel working with children, such as nursery school and other teachers, child psychologists, pediatricians and other health personnel, the police and other law enforcement personnel, social workers and other. A broader awareness and knowledge of the convention among people at large can also serve as a basis for implementation. It is an obligation under the convention (Art.42) for states reports on implementation must also be made widely available to the public[65]. What is meant by the wording that states should implement economic, social and cultural rights to the maximum extent of their available resources (Art14)? How does the convention relate to financial constraints? The convention recognizes that some of the more costly reforms cannot take place overnight. It specifies for instance, that the rights although each state party always has its own obligations. Rich or poor, a state must allocate the maximum extent of its available resources for the implementation of the convention. Priority should be given to children. Donor countries are encouraged to review their development cooperation programmes in the light of the convention. At the same time, developing countries may identify a need for international cooperation in their reports in their implementation of the convention. 3.3.1 Advisory Services The convention on the rights of the child and the committee on the rights of the child attach special importance to international cooperation and assistance as ways of achieving the effective protection of childrens rights. Article 45(b) authorizes the committee to transmit to the relevant agencies and bodies any reports from states parties that contain a request or indicate a need for technical advice or assistance, along with the committees observations and suggestions. The committee often makes recommendations for technical cooperations In its concluding observations addressed to State parties as an outcome of the reporting dialogue. The United Nation High Commissioner for Human Rights, whose mandate includes the enhancement cooperation for the promotion and protection of all human rights, is providing assistance in this regard and encourages Governments to respond favorably to the Committees recommendations. State parties are requested to provide relevant information pursuant to article 4 of the Convention, including information on: a) The measures taken to harmonize national law and policy with the provisions of the Convention b) Existing or planned mechanisms at the national or local level for coordinating policies relating to children and for monitoring the implementation of the Convention

In addition, States parties are requested to describe the measures that have been taken or are foreseen pursuant to article 42 of the Convention, to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike. State parties are also requested to describe those measures undertaken or foreseen, pursuant to article 44, paragraph 6, of the Convention, to make their report widely available to the public at large in their own countries. 3.4 Conclusion As such implementation is being ensured through working of Committee on rights of the Child. Committee examines reports time to time and suggests some suggestions if any and state shall accordingly made changes in their laws. CHAPTER FOUR ROLE OF INDIAN JUDICIARY 4.1 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[66] of the citizen and non-citizens alike. The twin safeguards of equality before law and equal protection of laws[67] 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[68] 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,[69] 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 4.2 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.[70] 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.[71] 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.[72] In M.C. Mehta v. State of Tamil Nadu[73] the Supreme Court held that the children in terms of Article 45 of the Constitution are entitled to free and compulsory education until they completed the age of 14 years. It observed that the Directive Principles of State Policy have still remained a far cry and though according to this provision, all children up to the age of 14 years are supposed to be in school, economic necessity forces grown up children to seek employment. In Goodricke Group Ltd v Center of West Bengal[74]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.[75] 4.3 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[76] commonly known as the Asiad case. This case is an epoch-making judgment of the Supreme Court of India, which has not only made a significant contribution to labour laws of India, but also has displayed a creative attitude of judges to protect the interest of the Child workers. The fact of the case were that the Peoples Union for Democratic Rights, an NGO, addressed a letter to the Supreme Court annexing the report of social activists regarding the conditions under which the workmen engaged in various Asiad projects were working. Pointed reference was made in that report to the fact that there was violation of Article 24 of the Constitution and of the provisions of Employment of Childrens Act, 1938. It was alleged that children below the age of 14 years were employed in construction work of various projects in construction of the provisions of Employment of Children Act, 1938. The Delhi Administration and Delhi Development Authority took the stand that no complaint in regards to the violation of the provision of that Act, was at any stage received by them. They also argued that this Act was not applicable in case of schedule to the Act. The Supreme Court took cognizance of the child workers interest and observed Large number of men, women and children who constitute the bulk of our population are today living sub-human existence in conditions of object poverty. Utter grinding poverty has broken their back and sapped the moral fibber. 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[77] 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. 4.4 Juvenile Justice The Juvenile Justice (Care and Protection) Act, 2000[78] 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.[79] In Sheela Barse v. Union of India[80] the Supreme Court held that a child is a national asset, thus it is the duty of the state to look after the child with a view to ensuring full development of its personality. That is why all the statutes dealing with children provide that a child shall not be kept in jail. Even apart from this statutory prescription, it is elementary that a jail is hardly a place where a child should be kept. There can be no doubt that incarceration in jail

would have the effect of dwarfing the development of the child, exposing him to baneful influences, coarsening his conscience and alienating him, from the society. It is a matter of regret that despite statutory provisions and frequently exhortations by social scientist, there is still large number of children in different jails in the country as is one evident from the reports of the survey made by the district judge pursuant to our order, dated 15th April, 1986. Even where children are accused of offences, they must not be kept in jails. It is no answer on the part of the Sate to say that it has not got enough number of remand homes or observation homes or other places where children can be kept and that are why they are lodged in jails. It is also no answer on the part of the State to urge that the ward in the jail where the children are kept is separate from the ward in which the other prisoners are detained. It is the atmosphere of the jail which has a highly injurious effect on the mind of the child, entraining him from the society and breeding in him a version bordering on hatred against a system which keeps him in jail. The Apex court would, therefore like once again to impress upon the state governments that they must set up necessary remand homes and observation homes where children accused of an offence can be lodged pending investigation and trial. On no account should the children be kept in jail and if a State Government has not got sufficient accommodation in its remand of being subjected to incarceration in jail. Where a complaint is filed or first information report is lodged against child below the age of 16 years for an offence punishable with imprisonment of not more than 7 years, the investigation shall be complete within a period of three months from the date of filing of the complaint or lodging of the first information report and if the investigation is not completed within this time, the case against the child must be treated as closed. If within three months, the charge sheet is filed against the child in case of an offence punishable with imprisonment of not more than 7 years, the investigation shall be completed within a period of three months from the date of filing of the complete or lodging of the first information report and if the investigation is not completed within this time, the case against child must be treated as closed. If within three months the charge sheet is filed against the child in case of the offence punishable with imprisonment of not more than7 years, the case must be tried and disposed of within a further period of 6 months at the outside and this period should be inclusive of the time taken up in committal proceedings, if any.[81] In Sheela Barse v Secretary Children Aid Society[82] the Supreme Court came forward to protect the rights of the children in the observation homes. This is an appeals by special leave made by Sheela Barse, freelance journalist by profession and a member of Maharashtra State Legal Aid and Advice Committee. In a writ petition she made grievance about the working of the New Observation Home located at Mankurd, which is maintained and managed by childrens Aid Society, Bombay. The Childrens Aid Society is registered under the Societies Registration Act, 1860 and has been treated as a public Trust under the Bombay Public Trusts Act 1950. The said Society receives grants from the sate and it is run as on observation home under the provisions of the Bombay Childrens Act, 1948. In this writ petition, she challenged the violation of Articles 21, 24 and 39 (e) of the Constitution of India. It was treated as writ petition by the High Court of the Bombay and went into the matter at considerable length and found some of the allegations to be without any justification. Yet, the High Court gave some directions to the society and the Maharashtra Government with regards to the proper maintenance of the observation homes. In this appeal, the appellant has maintained that the High Court failed to consider several of contentions advanced by her at the hearing of the writ petition namely,

(1) Children while staying in the observation homes are forced to work without remuneration and are engaged in hazardous employment. There were instances where observation homes assigned the work of private entrepreneurs with a view to making financial gain for the society. In support of these circumstances reliance was placed upon affidavit on behalf of the respondent filed in the High court. (2) The appellant next contended, relying on the balance sheet of the society forming annual report, it has been contended before High Court that the society was making a profit of about 4 hundred thousand a year by engaging children to discharge various type of labour without making any payment to them. According to the appellant, the shortfall in follow up action has not been properly considered by the High Court and the directions given by it are inadequate. In giving the directions, the High Court also sight of mandatory provisions of the Childrens Act as also the provisions in Article 21 and 24 of the Indian Constitution and the provision contained in directive principles of State policy. It is the submission of the appellant that respondent society should have been treated as a state and not as voluntary organization. In view of the materials placed on the record about the Constitution and the meaning of the society as also funding thereof, according to the appellant, the Court should have appreciated the position that it was the protector of the helpless children living within its jurisdiction and such cared and attention and provisions of amenities as were necessary for their proper upkeep and bringing up should have been ensured by the judgment of the High Court. She also contended that the direction of the High Court in the matter of illegal detention of children was not adequate.[83] Children are the citizens of the future era. On the proper bringing up of children and giving them proper training to turn out to be good citizen, depends the future of the country. In recent year, this position has been well realized. In 1959, the Declaration of the rights of the child was adopted by the General Assembly of the United Nation and in Article 24 of the international Covenant on Civil and Political Rights, 1966; the importance of the child has been appropriately recognized. India as a party to these International Charters having ratified the Declarations, it is the obligation of the Government of India as also the state machinery to implement the same in a proper way. The Childrens Act, 1948 has made elaborate provisions to cover this and if this provisions are properly translated into action and authorities created under the Act become cognizant of their role, duties and obligation in the performance of the statutory mechanism created under the Act and they are properly motivated to meet the situations that arise in handling the problems, the situations would certainly be very much eased.[84] Gerontocracy in silent manner indicated that like a young plant a child takes roots in the environment where it is placed. How so ever good the breed be, if the sapling is placed I a wrong setting or an unwarranted place, there would not be the directed growth. Same is the situation with the human child. The child welfare officer as also the superintendent of the observation home must be duly motivated. They must have a working knowledge in psychology and have keen sense of observation and on their good functioning would depend on the efficiency of the scheme. The Supreme Court agreed with the contention advanced by the appellant that for employment in childrens home, the childrens should be given remuneration. Childrens in observation homes should not be made to stay long and as they are there, they should be kept occupied and the occupation should be congenial and intended to bring about adaptability in life aimed at bringing about self confidence and picking of human virtues. Dedicated workers have to be found out, proper training to them has to be imparted and such people alone should be introduced into the childrens homes[85]

In this case the Supreme Court maintained that the juvenile court has to be manned by a judicial officer with some special training. Creation of a Court with usual judicial officer and labeling it as juvenile Court does not serve the requirement of the statute. If that were so, the statute would have no necessity of providing a juvenile Court. The statutory scheme contemplates a judicial officer of a different type with a more sensitive approach oriented outlook. Without these, any judicial officer would, indeed, not be competent to handle the special problems of children. The Supreme Court further that, in recent year, children and their problems have been receiving attention both of the government as also of the society, but it must be said that the problems are of such enormous magnitude that all that has been done till now is not sufficient. If there no proper growth of children of today, the future of the Country will be dark. It is the obligation of every generation to bring up children who will be citizen of tomorrow in a proper way. Todays children will be the leaders of the tomorrow who will hold the countries banner high and maintained the prestige of the nation. If a child goes wrong for want of proper attention, training and guidance, it will indeed a deficiency of the society and of the government of the day. A problem child is indeed a negative factor. Every society must, therefore, devote full attention to ensure that children are properly cared for and brought up in a proper atmosphere where they could receive adequate training, education and guidance in order that they may be able to have their rightful place in the society when they grow up[86]. In the instant case the Supreme Court agreed with the appellant that the respondent- society should have been treated as a state within the meaning of Article 12, as it is undoubtedly an instrumentality of the sate on the basis of the test laid down by this Court. The respondent- society has; therefore, to regulate its activities not only in accordance with the statutory requirement but also act in a manner satisfying the requirements of the constitutional provisions in Articles 21 and 24 as also the Directive principles of Sate policy. The activist Supreme Court in this case directed the State of Maharashtra to take prompt action to strictly enforce the law, act up to the requirements of the constitutional obligations and proceeds to implement the directions given by the High Court as also by the Supreme Court in this judgment. The Supreme Court also directed that the State of Maharashtra shall pay to the appellant cost fixed at Rs.5000[87]. 4.5 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.[88] The Activist Supreme Court of India in Lakshmikant Pandey v Union of India[89] highlighted the necessity of legal adoption of poor and destitute children to protect them from social and economic exploitation and material abandonment. The Supreme Court through P.N.Bhagwati J. Observed that every child has a right to love and to be loved and grow up in an atmosphere of love of love and affection and moral and material security and that, this is possible only if the child is brought up in a family. Hence the Court emphasized, encouraged and viewed as the moral obligation of the society to provide a home for a needy child. Children should be protected from exploitation. In recent times foreigners are adopting Indian children who are destitute or have been abandoned by their biological parents. In order to safeguard the children against exploitation by the foreigners who adopt them, the Supreme Court has laid down in the above said case various safeguards for avoiding procedural delays. The government is directed to publish at least once in year list of the recognized placement agencies and their associates social and child welfare agencies. This list should be sent also to

the District Court and High Courts. Foreigners can be considered for guardianship for the purpose of eventual adoption by them only when the application is sponsored by a social or child welfare agency based in the country to which such foreigner belongs. If the foreigner is resident in India a report is not required. The Indian placement agency can furnish the report in such case. Before an abandoned child can be given away in adoption, the juvenile court having Jurisdiction would have to give a release order. If the biological parents are known, notice should be given to them before the juvenile court passes the release order. In this way Supreme Court has safeguarded the interests of the child under Article 23 and 39 (f) of the Indian Constitution.[90] In fact, there is no general law on adoption or foster care. Adoption is recognized only in Hindu law, which too, is not child oriented and contains certain outdated concepts viz. only Hindu child may be adopted, the adoptive parents may not adopt a son if they have a son, a grandson or a great-grandson. Similarly, a daughter cannot be adopted if there is a daughter, sons daughter or sons daughter. No permission of the court is required where the child is given in adoption by the natural guardian. Adoption once made is irrevocable. Non-Hindus cannot adopt a child even if they wish to do so. 4.6 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 Vishal Jeet v. Union of India[91] 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. It has been also held that in this connection, it is significant to refer Article 39 of the Constitution of India which relates to Directive Principles of State Policy under part IV of the Constitution. Article 39 particularizes certain objectives. One of the objectives under clause (f) of Article 39 is that the state should direct its policy towards securing the childhood and youth are protected against exploitation and against moral and material abandonment. These objectives reflect the great anxiety of the constitution framer to protect and safeguard the interest and welfare of the children of our country. It has also been held in this case that All the State Governments and the Governments of Union Territories should direct their concerned law enforcing authorities to take appropriate and speedy action under the existing laws in eradicating child prostitution and other kind of sexual exploitation. It has been also held that the State Governments, and the Government of Union Territories should set up a separate Advisory Committee within their respective zones who will look after that whether the social welfare programmes to[92] be implemented for the care, protection, treatment, development and rehabilitation of the young, specially the girl child, who are the victim of such exploitation.

In Gaurav Jain v. Union of India,[93] though the petitioner asked for establishing separate educational institutions for the children of fallen women the activist Supreme Court observed that segregating children of prostitutes by locating separate school and providing separate hostels would not be in the interest of the children and the society at large. This Court directed that they should be segregated from mothers and be allowed to mingle with others and become a part of the society. Accepting the suggestions from the bar and rejecting the limited prayer of the petitioner, the Apex court had ordered that children of prostitutes should, however not be permitted to live in inferno and the undesirable surroundings of prostitutes homes. This was felt particularly so in the case of young girls whose body and mind are likely to be abused with growing age for being admitted into the profession of their mothers. While this court did not accept the plea for separate hostels for children of and other reformatory homes should be adequately available to help segregation of these children from their mothers living in prostitute homes as soon as they are identified. In this case, the Apex court appointed V. C. Mahjan committee to inquire into the problem and submit a report. The report was accordingly submitted after extensive travelling to far and wide part of the country. It studied not only the problem of children of the fallen women but also the root cause of the menace of the child prostitution and the prostitution as such and the need for its eradication. The prevailing conditions have been pointed out in the Report and beneficial action already taken by some of the social action groups have been pointed out. They have also deal with the problems of the children. The state government and the central government were supplied with the copies of the report and they have not even objected to the recommendations. In fact, they cannot be objected to since it is a fact prevailing, unfortunately, in the country. Therefore the relief cannot be restricted to the pleadings or to the scope of the directions earlier issued. The Court can take cognizance from indisputable or the undisputed facts from the Reports of V. C. Mahajan committee and other reports and articles published in recognized journals and act upon it. Placing reliance thereon, the directions given in the order aim not only at giving benefits to children but also to root out, it is for government to evolve suitable programme of action.[94] 4.7 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.[95] 4.8 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. CHAPTER FIVE CONCLUSION AND SUGGESTIONS The open mind never acts: when we have done our utmost to arrive at a reasonable conclusion, we still must close our minds for the movement with a snap, and dogmatically on our conclusion[96] George Bernard (1925) 5.1 Conclusion

It transpires that Children deserve to be highly valued for the unique contribution they make through just being children. Respect for children as a global ideal has been affirmed by the United Nations Convention on the Rights of the Child. The UN General Assembly unanimously adopted the Convention on the Rights of the Child on 20 November 1989 and it entered into force or became legally binding on States Parties in September 1990. An analysis of the Convention on the Rights of the Child reveals that it accomplishes five goals. It creates new rights under international law for children where no such rights existed, including the childs right to preserve his or her identity and the right of indigenous children to practice their own culture.[97] Secondly, the Convention on Right of the Child enshrines right in a global treaty which had until the Conventions adoption only been acknowledged or refined in case law under regional human rights treaties, for example, a childs right to be heard either directly or indirectly in a judicial or administrative proceedings affecting that child, and to have those views taken into account.[98] Thirdly, the Convention also creates binding standards in areas which, until the Conventions entry into force, were only nonbinding recommendations. These include safeguards in adoption procedures and the rights of mentally and physically disabled children.[99] Fourthly Convention imposes new obligations in relation to the provision and protection of children. These includes the obligation on a state to take effective measures to abolish traditional practices prejudicial to the health of children and to provide for rehabilitative measures for child victims of neglect, abuse and exploitation. Finally, the Convention adds an additional express ground by which states parties are under a duty not to discriminate against children in their enjoyment of the Conventions rights. The Convention spells out the basic human rights to which children everywhere are entitled. These are the right to survival; the right to the development of their full physical and mental potential; the right to protection from influences that are harmful to their development; and the right to participation in family, cultural and social life. The Convention protects these rights by setting minimum standards that governments must meet in providing healthcare, education and legal and social services to children in their countries. The Convention defines a child as a person below the age of 18, unless the laws of a particular country set the legal age for adulthood as younger than 18. The guiding principles of the Convention are:

all children should be entitled to basic rights without discrimination; the best interests of the child should be the primary concern of decision-making; children have the right to life, survival and development; The views of children must be taken into account in matters affecting them.

The Convention has inspired a process of national implementation and social change in all regions of the world, including:

Incorporating human rights principles into legislation; Establishing interdepartmental and multidisciplinary bodies. Developing national agendas for children; Widening partnerships for children; Promoting ombudspersons for children or commissioners for childrens rights. Assessing the impact of measures on children; Restructuring of budgetary allocations;

Targeting child survival and development; Implementing the principle of non-discrimination; Listening to childrens voices; and Developing justice systems for children.

These examples are merely a sampling and are not exhaustive list. I conclude by reiterating what Pam Schiller and Tamera Bryant said about the children: The values we impart to our children today, consciously and unconsciously, will have a major impact on society tomorrow. If we continue to leave the teaching of values to chance, we , as a nation, risk losing an integral piece of our culture altogether. And in the words of Gandhiji: If we are to reach real peace in this world, and if we are to carry on real war against war, we shall have to being with children. And if they will grow up in their natural innocence, we wont have to struggle, we wont have to pass fruitless, idle resolutions, but we shall go from love to love and peace to peace, until at last all the corners of the world are covered with that peace and love for which consciously or unconsciously, the whole world is hungering. 5.2 Suggestions Suggestions and recommendations are as follows:

Need for uniform definition of child which will remove the missing focus in efforts Utilizing the potential of the mass media and using them to disseminate information on the CRC and social legislations a solution to the negative impact of the media on children to be worked by the Government. Specific provisions against non-discrimination especially towards the girl child. Law to be enacted for prohibiting engagement of children in sectors like tourism and hotels. FIR should be immediately registered without waiting for any formalities. A comprehensive law relating to child pornography in order to criminalize its production, distribution and possession. A comprehensive chapter to protect children from drug abuse be added to The Narcotic Drug and Psychotropic Substances Act, 1985. The Juvenile Justice (Care and Protection) Act and the U.N. Convention on the Rights of the Child 1989 make it mandatory for all the functionaries of the juvenile justice system to be well versed in child psychology, child welfare and social problems. There is an urgent need to impart in service training to magistrates, probationary officers, superintendent of juvenile homes, police officials dealing with juveniles etc. for the new recruits knowledge of criminology penology, sociology and child psychology may be made a mandatory qualification. Mass-media communication, such as Radio, TV, Newspapers etc., must be used for creating social consciousness among children. One who is found guilty of the practices derogatory to children, such as cruelty, fraud, rape etc. must be disqualified for the membership of legislature or local bodies. The government should allocate at least 5 to 10 % of their GDP, for the development of the children through various child welfare programmes.[100]

5.1.1 Alternative Suggestions

The existing legal framework is rather dispersed and inadequate. My suggestion would be to consolidate existing laws into a single comprehensive one. This single model legislation or consolidated code on child laws would be as follows

Cover all aspect as enumerated in the Convention in tune with the realities of the Indian situation. Broad based simple and direct so that it is under stood by masses. Single set of definitions of child. Uniformity in procedures. Reduction in multiplicity of authorities. Special provisions for girl child and illegitimate child. Legally enforceable with sanctions.

[1] Ex Secretary General of United Nation, retrieved from <www.betterworldheroes.com>, last visited on 20-11-2011, at 23:40 IST. [2] Nirmal Kanti Chakrabarti, Law and Child, R. Cambray and Co. Pvt. Ltd, Kolkata, 2004, p. 46. [3] Bhakhry and Savita, Children in India & their Rights, NHRC, New Delhi, 2006, p. 5. [4] Nirmal Kanti Chakrabarti, Law and Child, R.Cambray and Co.Pvt.ltd, Kolkata, 2004, p. 3. [5] D.Venkateswara Rao forwarded by K.K.Sud, Child Rights, Manak Publications, New Delhi, 2004, p. xi. [6] General Assembly Resolution 44/25, 20 November 1989. [7] O Neill and Dawn Zinga , Childrens Rights, University of Toronto Press, Canada, 2008, p. 9. [8] Retrieved from<http://www.unicef.org>, last visited on 21-11-2011, at 1:45 IST. [9] Retrieved from<www.en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child>, last visited on 11-9-2011, at 19:19 IST. [10] Trevor Buck, International Child Law, Cavendish Publishing, Great Britain, 2005, p.47. [11] Retrieved from<www.childrensrights.ie Childrens Rights in Ireland[1]>, last visited on 11-9-2011, at 18:40, IST. [12] In the US, such esteemed organizations as the Albert Schweitzer Foundation, the American Bar Association, the American Academy of Child and Adolescent Psychiatry, the American Federation of Teachers, the American Psychological Association, Amnesty International, Child Welfare League of America, the International Federation of Social Workers, the National Council on Family Relations, the National Mental Health Association,

the Pearl S. Buck Foundation, and the YMCA and YWCA of the USA combine to make just a very partial list of supporters. [13] Retrieved from <http://www.alternativesmagazine.com/07/mitchell1.html>, last visited on 27-8-2011, at 22:07 IST. [14] Nirmal Kanti Chakrabarti, Law and Child, R.Cambray and co.pvt.ltd, Kolkata, 2004, p. 49. [15] Recognizing childrens rights in this way firmly sets a focus on the whole child. Previously seen as negotiable, the childs needs have become legally binding rights. No longer has the passive recipient of benefits, the child become the subject or holder of rights. [16] Article 1 of United Nation Convention on Rights of the Child 1989. [17] Article 2 of United Nation Convention on Rights of the Child 1989. [18] Article 3 of United Nation Convention on Rights of the Child 1989. [19] Article 4 of United Nation Convention on Rights of the Child 1989. [20] Article 5 of United Nation Convention on Rights of the Child 1989. [21] Article 6 of United Nation Convention on Rights of the Child 1989. [22] Article 7 of United Nation Convention on Rights of the Child 1989. [23] Article 8 of United Nation Convention on Rights of the Child 1989. [24] Article 9 of United Nation Convention on Rights of the Child 1989. [25] Article 10 of United Nation Convention on Rights of the Child 1989. [26] Article 11 of United Nation Convention on Rights of the Child 1989. [27] Article 12 of United Nation Convention on Rights of the Child 1989. [28] Article 13 of United Nation Convention on Rights of the Child 1989. [29] Article 14 of United Nation Convention on Rights of the Child 1989. [30] Article 15 of United Nation Convention on Rights of the Child 1989. [31] Article 16 of United Nation Convention on Rights of the Child 1989. [32] Article 17 of United Nation Convention on Rights of the Child 1989. [33] Article 18 of United Nation Convention on Rights of the Child 1989. [34] Article 19 of United Nation Convention on Rights of the Child 1989.

[35] Article 20 of United Nation Convention on Rights of the Child 1989. [36] Article 21 of United Nation Convention on Rights of the Child 1989. [37] Article 22 of United Nation Convention on Rights of the Child 1989. [38] Article 23 of United Nation Convention on Rights of the Child 1989. [39] Article 24 of United Nation Convention on Rights of the Child 1989. [40] Article 25 of United Nation Convention on Rights of the Child 1989. [41] Article 26 of United Nation Convention on Rights of the Child 1989. [42] Article 27 of United Nation Convention on Rights of the Child 1989. [43] Article 28 of United Nation Convention on Rights of the Child 1989. [44] Article 29 of United Nation Convention on Rights of the Child 1989. [45] Article 30 of United Nation Convention on Rights of the Child 1989. [46] Article 31 of United Nation Convention on Rights of the Child 1989. [47] Article 32 of United Nation Convention on Rights of the Child 1989. [48] Article 33 of United Nation Convention on Rights of the Child 1989. [49] Article 34 of United Nation Convention on Rights of the Child 1989. [50] Article 35 of United Nation Convention on Rights of the Child 1989. [51] Article 36 of United Nation Convention on Rights of the Child 1989. [52] Article 37 of United Nation Convention on Rights of the Child 1989. [53] Article 38 of United Nation Convention on Rights of the Child 1989. [54] Article 39 of United Nation Convention on Rights of the Child 1989. [55] Article 40 of United Nation Convention on Rights of the Child 1989. [56] Article 41 of United Nation Convention on Rights of the Child 1989. [57] Article 42 of United Nation Convention on Rights of the Child 1989. [58] Optional Protocol on the Involvement of Children in Armed Conflict and Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography available at www.unisef.org[2].

[59] Retrieved from <http://www.unisef.org >, last visited on 14-11-2011, at 23:20 IST. [60] Retrieved from <http://www.unisef.org >, last visited on 14-11-2011, at 23:21 IST. [61] Retrieved from <http://www.unisef.org >, last visited on 14-11-2011, at 23:22 IST. [62] Retrieved from<www labspace.open.ac.uk/mod/resource/view.php>, last visited on, 1109-2011, at 20:02 IST. [63] H.O. Agarwal, International Law and Human Rights, Central law Publication, Allhabad, 2006, p. 718. [64] Retrieved from <www2.ohchr.org[3]>, last visited on 2.9.2011, at 17:01 , IST. [65] Article 42 and 43 of United Nation Convention on Rights of the Child 1989. [66] 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. [67] 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. [68] Word secular is inserted by the Constitution (42nd Amendment) Act, 1976 (w.e.f. 03.01.1977). [69] 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. [70] 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. [71] 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. [72] AIR 1993 SC 2178. [73] AIR 1991 SC 417. [74] 123 CTR 516.. [75] AIR 1993 SC 2178. [76] AIR 1982 SC 1473. [77] AIR 1987 SC 177.

[78] Juvenile Justice (Care and Protection) Act was enacted in 2000 by repealing the Juvenile Justice Act 1986. [79] Article 10 of the International Convention on Civil and Political Rights, 1966. [80] AIR 1986 SC 1777. [81] Id. p. 1778. [82] AIR 1987 SC 656. [83] Id. p. 658. [84] ibid [85] Id. p. 659. [86] Id. p. 660. [87] Ibid. [88] Asha Bajpai, Adoption Law and Justice to the Child, Center of Child and the Law NLSIU, Bangalor, 1996, p. 1. [89] AIR, 1986, SC, p. 1272. [90] SCC 1 (1987) 66. [91] AIR 1990 SC 1413. [92] Nirmal Kanti Chakrabarti, Law and Child, R. Cambray and Co.Pvt.Ltd, Kolkata, 2004, p. 280. [93] AIR 1997 SC 3051. [94] AIR 1997 SC 3031. [95] Id. p. 3048. [96] Retrieved from www< thinkexist.com/>[4], Last Visited on 20-11-2011, at 19:00 IST. [97] Article 8 and 30 of United Nation Convention on Right of the Child 1989. [98] Article 12 of United Nation Convention on Rights of the Child 1989. [99] Article 21 and 23 of United Nation Convention on Right of the Child 1989. [100] D.Venkateswara Rao forwarded by K.K.Sud, Child Rights, Manak Publications, New Delhi, 2004, p. 230.

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported. Endnotes: 1. Childrens Rights in Ireland: http://www.google.co.in/url?url=http://www.childrensrights.ie/index.php%3Fq%3DC hildrens%2BRights%2Bin%2BIreland&rct=j&sa=X&ei=DLFsTqjAOMfNrQfO4LW 1Bw&ved=0CFQQ6QUoADAG&q=UNCRC&usg=AFQjCNEw0t3KiukzxFSuwHBl gseTOQ6H-Q 2. www.unisef.org: http://www.unisef.org 3. www2.ohchr.org: http://www2.ohchr.org 4. thinkexist.com/>: http://thinkexist.com/> Related posts: 1. 2. 3. 4. 5. 6. 7. Child Soldiers-A Global Issue Future of Civil and Political Rights Economic, Social and Cultural Rights Police Processes And Human Rights Interrelation between Trade Sanctions and Human Rights The Universal Declaration of Human Rights UDHR Understanding the concept of Human rights from the Perspective of Responses to Violations

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