Right to parental love and care

The recent case of baby Falak, where a minor girl brought a two year old battered child to hospital, aroused great interest as far as battered baby syndrome is concerned; other issues involved being child prostitution and trafficking. While neither of the issues is light, battered baby or shaken baby syndrome is even graver in nature as in this the protector has become the destroyer. Battered baby syndrome refers to injuries sustained by a child as a result of physical abuse, usually inflicted by an adult caregiver. It is seen in all sections of society, though studies show that instances may be higher in low income groups or where the caregiver is under some form of stress, economic or otherwise.

The Preamble to the Convention on the Rights of Child recognizes that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding.

A child has got a right to develop in an atmosphere of love and care. He is dependent upon his parents, guardians for fulfilling all his needs. The family provides not just food and shelter but also a secure atmosphere and a chance for all round development of talents and personality of the child. A child’s parents are the first people who have rights, duties and responsibilities towards the interests and growth of a child. They are responsible to give him a safe and secure environment, protect him from all forms of abuse and help him in all possible ways. This role of parents has been acknowledged in the Convention and finds its place in its Preamble. Further, Article 9(1) states that “States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.” Further, Article 27 provides that (1.) States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

(2.) The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.

Thus, a child finds his primary caregiver and closest friend in his parents and family. They are the ones responsible for taking care of him and helping him grow into an independent and capable individual. A child has got a full right to get parental love and care.

Article 37 lays down that: States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

            The case of battered babies is a very grave situation as in this case, the child’s biggest enemy is the person who is entrusted with all powers to protect him. This is a case of closest attendants harming him physically and leaving him scarred for life. This is a grave violation of a child’s right to parental love and care and is in many cases fatal for the child. A child is incapable of safeguarding his own interests and in this case, the ones responsible for him also start playing with it.