Rights of child

The Convention on the Rights of Child defines a child as any individual below 18 years of age. The Convention, further, lays down the duty of the State parties to ensure that the ‘child’ gets the minimum necessary rights essential for his development.

The basic rights important for the growth and development of a child are as follows:-

(1)   Name and parental love and care

It is the duty of the State to register each and every birth and the child has a right to get a name upon birth itself. The name should not be derogatory in nature and it becomes the identity of the child. Every child has a right to parental love and care and no child shall be separated from his parents against his will.

(2)   Freedom from discrimination

No child shall be discriminated on the basis of the child's or his or her parent's or legal guardian's race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Every child has an equal right towards the enjoyment of various public facilities.

(3)   Education

Every child has got a right to get adequate education so as to make his life worthwhile and be able to get employment. Further, every child is entitled to get vocational training as well as training to further develop his talents.

(4)   Development

Every child has a right of developing in physical, psychological, social, mental and emotional spheres.

(5)   Health and safety

Every child shall be provided with adequate measures for safeguarding his/her health and will be given necessary treatment and precautionary medication. The States shall also take measures to reduce infant and child mortality. The safety of children is also of paramount importance.

(6)   Privacy

Every child has a right to privacy that shall not be infringed by any person. They have a right of not to be disturbed at night and be allowed necessary privacy.

(7)   Protection from social, economic and sexual exploitation

Every child shall be protected from all forms of social exploitation, economic exploitation, including child labor and beggar and sexual exploitation. The State shall take necessary steps to prevent the exploitation of small children in all forms.

Position in India

The Indian Constitution under Part III lays down the fundamental rights whereby the rights of child are also protected. Article 23 expressly lays down the provisions against child labor and beggar. Further, under the chapter of Directive Principles of State Policy, the Constitution directs the State to provide for compulsory education to children.

The Child Labor (Prohibition and Regulation) Act, 1986, lays down the provisions regarding prevention of instances of child labor in India in order to prevent economic exploitation of children as well as to safeguard their health and safety.

Juvenile Justice Act, 2000, further lays down the provisions regarding the protection of children.

Right to Education Act, 2009 makes education a legal right of children

Though various legislative provisions for safeguarding the rights of children are available both at the national as well as international level, what is more important is the dissemination of knowledge about the same and strict implementation thereof.