Child Law

Why Children?

Children are the building blocks of our nation’s future. Let’s invest in their potential today, so that they can become our scientists, politicians, sportspeople, journalists and teachers of tomorrow!

At 472 million, children account for 40% of India’s population

And yet, only 2.46% of the 2021-22 Union Budget was allocated to their development and welfare. In fact, the National Plan of Action for Children recommends that budgetary allocations for children should be 5% of the country’s GDP – ours has been stagnant at 0.43% of GDP for the last two years

India’s children battle some of the worst circumstances in the world.

33

million

Child labourers go to work instead of school

1 of 3

child

Brides in the world is from India

2 of 3

child

Deaths, below the age of 5, are caused by malnutrition

2 of 5

children

Do not receive complete immunization

500%

increase

In crimes against children between 2008-2018

This problem before us is a mammoth one. But one that can be solved within our lifetimes.

All it needs is for each one of us to come together and do everything in our power to contribute to a sustainable solution.

The Importance Of Children’s Rights

According to the United Nations Convention on the Rights of the Child (UNCRC), which was ratified by India in 1992, all children have fundamental rights which must be recognized by governments and citizens alike. At CRY, we’re committed to doing everything we can to ensure the rights of India’s children and so, work on 4 key programmatic areas.

WCEPC education programs focus on:

Education

Right To Development

A quality education not only builds knowledge, capabilities, life skills and values amongst children but also develops their creative, social and emotional abilities. It is crucial for their cognitive and personal development, including critical thinking and problem-solving.

We believe that every child should be able to go to school and complete their education without any discrimination based on gender, caste or socio-economic status.

WCEPC does this by focusing on the following:

Health & Nutrition

Right To Survival

Proper nutrition and quality primary healthcare are essential for a child’s physical, mental and cognitive development. Timely, regular and adequate intake of essential nutrition is necessary from the time of conception itself to avoid long-term and in some cases, irreversible damage to the child’s health.

We believe that no child should suffer from malnutrition or poor health irrespective of their socio-economic background.

Our health and nutrition programs adopt a preventative and responsive approach towards reducing malnourishment as well as India’s infant mortality rate (IMR), child mortality rate (CMR) and maternal mortality rate (MMR) by connecting communities to government services, schemes and benefits.

WCEPC child safety & protection programs focus on:

Safety & Protection

Right To Protection

All children are vulnerable to neglect, violence and abuse but marginalization further compounds such vulnerability. Exposure to unsafe environments can negatively impact the physical, emotional, mental and social development of the child and the damage is often permanent.

We believe that building a safe environment for all children, till the age of 18 years, is critical to protect them from abuse and exploitation.

Child Participation

Right To Participation

Children have a right to be heard and their opinions considered by the adults around them. Every child should have the agency to speak out and/or act on the issues that affect them. It’s not only important for their mental and emotional development but also fosters a high degree of self esteem and self belief.

We believe that all children have the potential to be agents of change and the ability to hold dialogue on the things that matter to them.

CRY’s child participation programs focus on building children’s collectives as peer support groups and engaging with the children to build their awareness on child rights issues.

Children’s Rights according to the Indian Constitution

India recognizes and acknowledges children as equals to their adult counterparts and deems them worthy of the nation’s protection and shelter. Children too are given the basic/fundamental rights of citizenship along with the adults through the Fundamental Rights and Directive Principles of State Policy. These rights encompass the following:

• Right to equality (Article 14).
• Right against discrimination (Article 15).
• Right to personal liberty and due process of law (Article 21).
• Right to being protected from being trafficked and forced into bonded labour (Article 23).
• Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46).

The Constitution of India also goes on to award certain rights to the children of India in accordance with the United Nations Conventions on the Rights of the Child. The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). These rights are:

• Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A).
• Right to be protected from any hazardous employment till the age of 14 years (Article 24).
• Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)).
• Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)).

Every child deserves the shield of security of its nation but there are specific classes that are vulnerable to the exploitation and violence more than the others. These are the victims of gender discrimination, child marriage, child labour, etc. The Indian Constitution has a number of provisions in order to protect a child from possible and further exploitation or discrimination. These include:

• Article 24 Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
• Article 39 Certain principles of policy to be followed by the State. The State shall, in particular, direct its policy towards securing
  1. that the citizen, men and women equally, have the right to an adequate means of livelihood.
  2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
  3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
  4. that there is equal pay for equal work for both men and women.
  5. that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
  6. that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
• Article 45 Provision for free and compulsory education for children. The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.