Struggling to identify if a child's rights have been infringed? Go through these basics* to get some clarity. Feel free to write to us in case of further queries or help.
1. Who is a "child"?
The definition of a "child" varies from legislation to legislation and nation to nation. In general understanding, in India, a child is any person below of 18 years of age. Some instances where "child" is defined otherwise are:
(a) Right to Education: upto 14 years of age
(b) Criminal Responsibility: upto 7 and 12 years of age, depending on the nature of the crime
(c) For the purposes of marriage: upto 18 years of age for girls; upto 21 years of age for boys.
Therefore, circumstances revolving around a case are crucial in defining who a "child" is.
2. What are "child rights"?
The codified (written in law) special and yet basic needs of humans below 18 years of age. In simpler words, human rights available to children are known as "child rights".
3. What are some child rights?
Children have a special place in the Constitution of India which grants them some special rights apart from basic human rights. These include:
(a) Right to Equality (Article 14)
(b) Right against Discrimination and Right to Special Provisions in law (Article 15 and 15-3 respectively)
(c) Right to life and liberty, including privacy (Article 21)
(d) Right to Education (Article 21A)
(e) Right to be Protected from Trafficking and Bonded Labour (Article 23)
(f) Right to be Protected from Hazardous Employment (Article 24)
(g) Right of Minorities for the Protection of their Interests (Article 29)
(h) Right to be Protected from being Abused and forced by Economic Necessity to enter Occupations unsuited to their Age (Article 39e)
(i) 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 39f)
(j) Right to Early Childhood Care and Education (Article 45)
(k) Right to Nutrition and Standard of Living and Improved Public Health (Article 47)
4. How are Child Rights protected?
The rights of children are secured by the provisions of the Constitution of India along with many legal provisions specific to children.
5. What are "laws specific to children"?
The Legislature recognises that children form a vulnerable group of people and therefore, made special laws and policies to protect the interests of the children. Some of the law and policy measures are:
(a) Protection of Children from Sexual Offences Act (POCSO Act)
(b) The Right of Children to Free and Compulsory Education Act (RTE Act)
(c) The Juvenile Justice (Care and Protection of Children) Act (JJ Act)
(d) The Prohibition of Child Marriage Act
(e) The Immoral Traffic (Prevention) Act
(f) The Guardian and Wards Act
(g) The National Policy for Children, 2013
(h) The National Charter for Children, 2003
(i) The National Education Policy, 2020
6. So, can children sue in a court of law?
No, children do not have the capacity to being legal action (sue) by themselves. However, adults (parents/guardians) or appropriate agencies can represent the child and concerned interests in the courts.
7. What to do if a child is unsafe, in need, or in distress?
Whether you are a child or an adult, witness or victim, report the issue as soon as possible. Being a child, if you feel unsafe, dial 1098. It is the number of CHILDLINE which is a 24X7 child welfare service. They can be approached by adults as well when they witness a child in distress.
You can also go to a police station to seek for help or contact an NGO. Confide in people you trust so they can help you with communication or transit.
8. How to prevent violation of child rights?
Prevention can only be achieved with awareness. Therefore, it is important that children and adults are informed of the rights of children, as well as crimes against children. Contact CHILDLINE, the police, or an NGOs if you have a solid reason to apprehend that a child is in danger. Keep yourself informed on how children are violated and be vigilant.
*Please note that the content provided in the FAQs is specific to the territory of India and the application of law differs from case-to-case basis.
1. Who is a "child"?
The definition of a "child" varies from legislation to legislation and nation to nation. In general understanding, in India, a child is any person below of 18 years of age. Some instances where "child" is defined otherwise are:
(a) Right to Education: upto 14 years of age
(b) Criminal Responsibility: upto 7 and 12 years of age, depending on the nature of the crime
(c) For the purposes of marriage: upto 18 years of age for girls; upto 21 years of age for boys.
Therefore, circumstances revolving around a case are crucial in defining who a "child" is.
2. What are "child rights"?
The codified (written in law) special and yet basic needs of humans below 18 years of age. In simpler words, human rights available to children are known as "child rights".
3. What are some child rights?
Children have a special place in the Constitution of India which grants them some special rights apart from basic human rights. These include:
(a) Right to Equality (Article 14)
(b) Right against Discrimination and Right to Special Provisions in law (Article 15 and 15-3 respectively)
(c) Right to life and liberty, including privacy (Article 21)
(d) Right to Education (Article 21A)
(e) Right to be Protected from Trafficking and Bonded Labour (Article 23)
(f) Right to be Protected from Hazardous Employment (Article 24)
(g) Right of Minorities for the Protection of their Interests (Article 29)
(h) Right to be Protected from being Abused and forced by Economic Necessity to enter Occupations unsuited to their Age (Article 39e)
(i) 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 39f)
(j) Right to Early Childhood Care and Education (Article 45)
(k) Right to Nutrition and Standard of Living and Improved Public Health (Article 47)
4. How are Child Rights protected?
The rights of children are secured by the provisions of the Constitution of India along with many legal provisions specific to children.
5. What are "laws specific to children"?
The Legislature recognises that children form a vulnerable group of people and therefore, made special laws and policies to protect the interests of the children. Some of the law and policy measures are:
(a) Protection of Children from Sexual Offences Act (POCSO Act)
(b) The Right of Children to Free and Compulsory Education Act (RTE Act)
(c) The Juvenile Justice (Care and Protection of Children) Act (JJ Act)
(d) The Prohibition of Child Marriage Act
(e) The Immoral Traffic (Prevention) Act
(f) The Guardian and Wards Act
(g) The National Policy for Children, 2013
(h) The National Charter for Children, 2003
(i) The National Education Policy, 2020
6. So, can children sue in a court of law?
No, children do not have the capacity to being legal action (sue) by themselves. However, adults (parents/guardians) or appropriate agencies can represent the child and concerned interests in the courts.
7. What to do if a child is unsafe, in need, or in distress?
Whether you are a child or an adult, witness or victim, report the issue as soon as possible. Being a child, if you feel unsafe, dial 1098. It is the number of CHILDLINE which is a 24X7 child welfare service. They can be approached by adults as well when they witness a child in distress.
You can also go to a police station to seek for help or contact an NGO. Confide in people you trust so they can help you with communication or transit.
8. How to prevent violation of child rights?
Prevention can only be achieved with awareness. Therefore, it is important that children and adults are informed of the rights of children, as well as crimes against children. Contact CHILDLINE, the police, or an NGOs if you have a solid reason to apprehend that a child is in danger. Keep yourself informed on how children are violated and be vigilant.
*Please note that the content provided in the FAQs is specific to the territory of India and the application of law differs from case-to-case basis.