CHILD RIGHTS AWARENESS IN INDIA: A LEGAL AND EMPIRICAL STUDY

ABSTRACT

Children in India are a significant and vulnerable segment of Indian society. They require special protection for their physical, mental and social development. Even when India has enacted an extensive legal framework to safeguard child rights, the effectiveness of these rights depends on the public awareness and societal perception of people in Indian society[1]. This research paper examines the concept of child rights awareness in India by analysing constitutional provisions, statutory protection and judicial awareness. This research paper also examines an empirical study based on a survey of 60 respondents[2]. It also argues that the lack of awareness among parents, communities and institutions undermines the realisation of child rights despite progressive legislation[3]. The paper further studies the role of the State, judiciary, educational institutions, and civil society in promoting awareness and concludes with recommendations for strengthening child rights consciousness in India.

INTRODUCTION

Children can be defined as holders of rights who are 18 years old or younger, as per the Indian Majority Act[4]. They are entitled to special care and protection for their physical and mental maturity. Child protection and development is a national issue in India since one-third of Indians are children[5]. Child rights are not merely moral responsibilities, but legally binding rights that guarantee the survival, growth, protection and inclusion of children into the society[6].

Although due to the presence of extensive legislation and constitutional protection, the rights of children remain violated, such problems as child labour, child abuse, trafficking, child early marriages, inaccessibility to education, and online abuse remain common[7]. Poor awareness of child rights by the parents, communities, institution stakeholders, and even the children themselves is one of the primary factors contributing to the violations[8].

Child rights awareness plays a critical role in the translation of the legal provisions into realities. Law works as a primary reactive mechanism, whereas awareness functions as a preventive tool. Even with strong child rights laws, inadequate knowledge of rights and remedies makes them underutilised[9]. This paper tries to analyse the importance of child rights awareness in India through the roles of various institutions, the existing legal framework, and the challenges that affect the implementation.

CONCEPT AND SCOPE OF CHILD RIGHTS

“Children were considered as recipients of welfare measures as per the Victorian judges who developed the welfare principle. It was only during the twentieth century that the concept of child rights emerged. The Indian tradition view of welfare was based on daya, dana, dakshina, bhikhsha, ahimsha, samya-bhava, swadharma and tyaga, the essence of which were self-discipline, self-sacrifice, and consideration for others” as stated by Asha Bajpai[10].

It can be said that child rights are a subset of human rights, which address the needs and vulnerabilities of children. These rights recognise children as independent rights-bearing individuals[11].

The recognition of the rights of children at the international level received a boost with the adoption of the United Nations Convention on the Rights of the Child[12]. It was adopted by India in 1992. The UNCRC makes States responsible for ensuring that children enjoy civil, political, economic, social, and cultural rights. The best interests of the child should be a primary consideration in decision-making for children[13].

However, to understand what child rights are in the Indian context, we have to examine more about the Indian Majority Act[14]. This act was enacted in order to bring about uniformity and applicability of the law to different individuals. Unfortunately, we still have various legislation that say or denote different ages to attain the majority[15].

Legislations	Provisions
Indian Penal Code	Children under the age of seven are immune to offences [Sec 82 IPC]. Criminal responsibility cannot be raised if a child of or above twelve years is found to have not attained the ability to understand the nature and consequences of his/her act [Sec 83 IPC].
Child Marriage Restraint Act 1926	Males below the age of twenty-one and females below the age of eighteen are children.
Juvenile Justice (Care and Protection of Children) Act 2000	‘Juvenile’ means a person who has not completed the eighteenth year of age.
Factories Act 1948	A child below fourteen years of age is not allowed to work in any factory. A child between fifteen and eighteen years can be employed if the factory has a certificate of fitness from an authorised medical doctor.
Mines Act 1952	A person below the age of eighteen is not allowed to work in mines.

CONSTITUTIONAL FRAMEWORK FOR CHILD RIGHTS IN INDIA

The Indian Constitution is quite sound in making sure the child rights are safeguarded. There are several Fundamental Rights and Directive Principles of State Policy that are specifically formulated to provide security to children.

Article 14[16] is the one that guarantees equality before the law and equality of protection of the law. Article 15(3)[17] gives the State the right to favour women and children, in the necessity of having affirmative action. Article 21 that entails the right to life and personal liberty has been construed judicially to suggest the right of living with dignity, health, education and a safe environment[18].

Article 21A[19] explicitly provides the right to free and compulsory education of children between the age of six and fourteen years. Article 23 prohibits forced labour and human trafficking of human beings, but Article 24 prohibits the use of children under the age of fourteen in occupations subject to hazards[20].

The Directive Principles also helped to protect the children as it wanted the State to ensure that children are not forced to work in economic need and should not be denied an opportunity to grow up in a good and healthy manner[21]. A blend of these provisions creates a constitutional child welfare obligation and they should both be upheld by good practice and awareness.

STATUTORY PROTECTION OF CHILD RIGHTS

The Indian government has formed an exhaustive legal structure to protect children from abuse, exploitation, negligence, and deprivation. These legal measures have been provided by the enactment of certain child rights legislation that reveal the commitment of the Indian Constitution to protecting childhood because childhood is an essential phase of human development, and children have been treated as individuals having rights instead of the receiving party of welfare. These enactments have addressed various vulnerabilities of children associated with care and protection, education, labour, marriage, and the trafficking of children[22]. Certain of these important legal protections are mentioned below:

• JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

One of the most significant pillars of child protection law in India is the Juvenile Justice (Care and Protection of Children) Act[23]. This act offers a systematic and all-encompassing framework on how to handle the two different types of children, namely, children in need of care and protection and children in conflict with the law. The Act is child-centric and more rehabilitative in nature as it focuses on care, treatment, social reintegration, and restoration instead of penalising the children. It provides institutional measures like Child Welfare Committees and Juvenile Justice Boards, to make sure that there is specialised and delicate treatment of cases that involve children. Other principles included in the Act are: the best interests of the child, presumption of innocence and institutionalisation as the measure of last resort[24]. The Juvenile Justice Act also brings domestic law in line with international standards regarding child rights since rehabilitation is prioritised over revenge[25].

• PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

The Protection of Children from Sexual Offences Act[26] is another historic act in the area of child protection. This Act was passed following the ineffectiveness of the general criminal law in acting on the special susceptibility of children to sexual abuse. POCSO also criminalises various sexual crimes against children, such as penetrative and non-penetrative assault, sexual harassment, and hiring children to participate in pornography. Noteworthy, the Act provides kid-friendly processes at all the levels of the criminal justice process: reporting and investigation, trial and evidence documentation. In-camera trials, a trusted individual present during the testimony, and limits on cross-examination through aggressive methods are some of the measures to reduce the possibility of secondary victimisation[27]. The prescribed reporting requirement under POCSO is an additional indication of the desire of the State to make sure that crimes against children are not concealed because of societal stigma or fear.

• RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

Another important aspect of the protection of child rights is education, which is guided by the Right of Children to Free and Compulsory Education Act[28]. This act realises Article 21A of the Constitution, in which education is a basic right of children between the ages of six and fourteen years. The Act imposes binding responsibilities on the State to give free and compulsory education and gives minimal standards to schools, teachers and infrastructure. It also places the responsibility on the parents and guardians to make sure that they attend school[29]. The Act aims to prevent child labour, early marriage and exploitation, which can be a consequence of not receiving an education by positioning education as a right and not a privilege, aimed at structurally addressing the inequalities that may arise due to the absence of education[30]. However, some of the challenges, including school dropouts, quality of education, and digital divides, are still an impediment to the realisation of this right.

These fundamental acts are accompanied by a number of other laws, which form the larger system of child protection. Child labour legislations are intended to curb the exploitation of children economically and to make childhood a thing of the past rather than sacrificing them to survival. Child marriage laws aim at safeguarding children, especially girls, against child marriage, which in most cases leads to health risk, education termination and socio-economic disadvantage in the long run. The anti-trafficking legislation deals with the forceful transportation and exploitation of children towards labour, sexual exploitation, or unlawful acts[31]. Collectively, these laws acknowledge that child vulnerability is an inter-dimensional concept that needs a concerted legal reaction.

JUDICIAL INTERPRETATION AND EXPANSION OF CHILD RIGHTS

The judiciary played a proactive role in interpreting and expanding child rights in India. Our courts have constantly emphasised that children are entitled to special protection under the Constitution and the State has an obligation to safeguard these rights.

In several cases, the Supreme Court has recognised that the right to life under Article 21 includes the right to education, health, and protection from abuse[32].

Some important cases related to child rights in our courts in India are as follows:

M.C. Mehta v. State of Tamil Nadu[33]	The judgement directed to stop child labour in hazardous occupations.
Sanjay Suri v. Delhi Administration[34]	The court laid down rules to protect children in jails.
People’s Union for Democratic Rights v. Union of India[35]	Employment in construction work was held to be hazardous for children.
Vishal Jeet v. Union of India[36]	Several directions were issued to end the sexual exploitation of children.
Kishen Pattnayak v. State of Orissa[37]	Asked the government to take several welfare measures, as poor people were forced to sell their children.
Unnikrishnan J.P. & Others v. State of Andhra Pradesh[38]	The Court held that the right to education is implicit in the right to life.

Judicial interventions have contributed to the evolution of child-centric jurisprudence, which prioritises child rights. Preventive protection through awareness still remains a problem.

ROLE OF THE STATE AND OTHER INSTITUTIONS

• • CHILD PROTECTION INSTITUTIONS AND THE NATIONAL COMMISSION OF PROTECTION OF CHILD RIGHTS.

Child protection institutions have become essential in the implementation of the legal framework of child rights. At the national level, the National Commission of the Rights of Children was created in India, and the State Commissions were made to check the implementation of child-based laws and policies[39]. These are bodies required to investigate violating rights of children as well as investigating complaints, checking of the safeguards offered by different legislations, and recommending the necessary remedial actions[40]. They also enforce inspection of child care institutions and the operation of the mechanisms under the Juvenile Justice Act[41] and other child protection laws.

The commission is also involved in the creation of awareness through the issuance of guidelines and training programmes, and cooperation with the units of the government.

• ROLE OF NGOS AND EDUCATIONAL INSTITUTIONS

Non-governmental organisations are important in the awareness of child rights and particularly at the grassroots. NGOs work directly with poor, vulnerable children who are victims of poverty, abuse, child labour, trafficking and social exclusion. Their network in the local communities also enables them to identify the child rights violations at a greater level and provide immediate response through counselling, rehabilitation or legal services[42]. The NGOs also carry out awareness campaigns and legal literacy programmes that sensitise the children and caregivers on their rights and available remedies.

Schools and colleges also have a significant role to play in the creation of awareness and child rights attitudes. Schools are not only learning institutions, but also institutions where dignity, equality and responsibility are inculcated. Inclusion of child rights education in schools will make children aware of their rights and will make them report abuse or neglect[43]. School authorities and teachers can become the first line of defence since they detect when a child is exploited and provide a secure environment. The teaching of child rights would entail sensitising and training educators on legal and procedural protection as a recurrent process.

• ROLE PLAYED BY INTERNATIONAL ORGANISATIONS AND THE UNITED NATIONS

The international organisations, especially the United Nations-related organisations, have played a central role in enhancing the promotion of the rights of children at both international and domestic levels. The United Nations has come up with globally recognised standards of child protection and child welfare through international conventions and policy frameworks. Such standards have played a significant role in shaping the national laws and policies through favouring the adoption of principles like the best interests of the child, non-discrimination and the right to survival and development.

UN agencies that are involved in child welfare help governments in technical assistance, research, funding, and capacity-building programs. They work in partnership with the State institutions and civil society organisations to facilitate the programmes involving education, health, nutrition, and child protection. Also, the international organisations have the advocacy role of raising child rights abuse and promoting accountability by monitoring and reporting. Their participation intensifies national activities through enhancing international skills and a rights-based approach in the protection of children[44].

A SOCIAL SURVEY

To evaluate public awareness of child rights, an online survey with a sample size of 60 respondents was carried out. The survey used a questionnaire with elements of demographic variables, online risks, and the severity of a child, as well as an open-ended question for preventative measures[45].

It has been observed that a good awareness regarding risks on the internet accessible to children has been reflected in this survey regarding cyberbullying, grooming practices, and inappropriate material on the internet. In fact, a majority of the respondents assessed these risks as very serious. Moreover, in this response, digital literacy and a balance between monitoring and limiting screen use through education in schools have been emphasised[46].

Unfortunately, as the social survey was conducted in an urban area with limited responses, there may be sampling and undercoverage bias.

IMPORTANCE OF CHILD RIGHTS AWARENESS

• The children may not be mature enough to report a violation; hence, the education of parents, teachers, and caregivers will help in detecting and reporting the abuse or exploitation[47].
• Ignorance is likely the reason why child labour and child marriage are socially accepted. Awareness gives the power to the community to become watchdogs of children’s rights[48].
• Even with child rights laws and an open door to justice, if a person is not aware that he or she would not know how to help or get help for a child. Hence, awareness programs are important to bridge the gap between society and the law[49].
• With the digital era and the rise of cyber bullying, grooming, exploitation, etc, parents, guardians and state officers should be made aware of the new danger and become more aware of the digital rights and safety measures[50].

CHALLENGES AND SUGGESTIONS

In spite of the long-term legal and policy initiatives, a number of issues remain to prevent successful child rights awareness in India. The spread of information is usually hampered by socio-economic inequalities, lack of literacy and a culture-based system that, in most cases, places the rural and marginalised societies at the disposal of the immediate survival requirements at the expense of legal awareness[51]. The absence of proper training and sensitisation of the frontline stakeholders, including teachers, police staff and healthcare workers, is an added weakness in identification and response to child rights violations[52]. Moreover, the digital divide also contributes to the existence of previously found gaps, with children in the city having an increased probability of exposure to the awareness materials compared to those in rural areas, where the language barrier and infrastructural gaps restrict the outreach programs[53].

Such issues demand a multi-layered approach to solving the problem. The inclusion of child rights training in formal schools will enable children to have knowledge of their rights in age-related ways. The wider reach can be established with the help of community-based awareness efforts supported by government bodies, civil society organisations, and local leaders due to the different cultural sensitivity and language-specific strategies[54]. It might be further extended through the use of digital platforms, helplines, and social media, although digital literacy must be promoted at the same time to make the interaction safe[55].

CONCLUSION

India, in the past few decades, has greatly advanced in the identification and safeguarding of child rights through constitutional provisions, laws and judicial interpretations[56]. Yet, success is not in the number of the implemented laws but in the effect that the laws have produced in the lives of the children. The awareness of child rights is an important connection between the legal and the real[57].

 Children are ignorant, and legal redress is not available. The State, the judiciary, the schools, the civil society and the families have the moral responsibility and duty of enlightening the child rights. A community that knows about the rights makes sure that children are brought up in a world of dignity, security and success. Strengthening awareness is not merely a policy choice but a legal and moral obligation for building a just and inclusive future[58].

REFERENCES

[1] Law Commission of India, Report No 259 (2016).

[2] Srijopriyo Das, ‘Awareness on Child Rights (2025) https://docs.google.com/spreadsheets/d/1p3m-LjSN-vZDFw2xbLvcC18qD4rRpwtxtxNMY-Q_IxQ/edit?usp=sharing 

[3] National Commission for Protection of Child Rights, Annual Report.

[4] Indian Majority Act 1875 s 3.

[5] Census of India 2011.

[6] UNCRC arts 6, 19, 28.

[7] Ministry of Women and Child Development, Child Protection Statistics.

[8] Law Commission of India, Report No 271 (2017).

[9]Gaurav Jain v Union of India (1997) 8 SCC 114 (SC).

[10] Asha Bajpai, Child Rights in India: Law, Policy, and Practice (3rd edn, Oxford University Press 2017) 45.

[11] UNCRC art 12.

[12] UNCRC (1989).

[13] ibid art 3.

[14] Supra 4.

[15] Law Commission of India, Report No 182.

[16] Constitution of India art 14.

[17] Constitution of India art 15(3).

[18] Subhash Kumar v State of Bihar (1991) 1 SCC 598.

[19] Constitution of India art 21A.

[20] Constitution of India arts 23–24.

[21] Constitution of India arts 39(e), (f).

[22] Juvenile Justice Act 2015; POCSO Act 2012; RTE Act 2009.

[23] Juvenile Justice Act 2015.

[24] ibid s 3.

[25] UNCRC compliance.

[26] POCSO Act 2012.

[27] ibid s 19.

[28] RTE Act 2009.

[29] ibid ss 8–12.

[30] ibid.

[31] Immoral Traffic (Prevention) Act 1956, s 2.

[32] Constitution of India 1950, art 21.

[33] M C Mehta v State of Tamil Nadu (1996) 6 SCC 756.

[34] Sanjay Suri v Delhi Administration (1988) 2 SCC 239.

[35] PUDR v Union of India (1982) 3 SCC 235.

[36] Vishal Jeet v Union of India (1990) 3 SCC 318.

[37] Kishen Pattnayak v. State of Orissa AIR 677, 1989 SCR (1) 57.

[38] Unnikrishnan JP v State of Andhra Pradesh (1993) 1 SCC 645.

[39] Commissions for Protection of Child Rights Act 2005.

[40] NCPCR Guidelines.

[41] Supra 23.

[42] UNICEF India Reports.

[43] NCERT, Legal Studies (Class XII).

[44] UNICEF, Child Protection Strategy.

[45] Supra 2.

[46] Ibid.

[47] UNICEF, Child Protection and Rights in India (UNICEF Publications).

[48] Ministry of Women and Child Development, National Policy for Children (2013).

[49] Law Commission of India, Report No 259: Early Childhood Development and Legal Framework (2016).

[50] UNICEF India, Child Online Safety in India (Policy Brief).

[51] National Commission for Protection of Child Rights, Annual Report.

[52] Law Commission of India, Report No 271: Human DNA Profiling (2017).

[53] Ministry of Education, Digital Education and Inclusion Report.

[54] NCERT, Legal Studies (Class XII, NCERT New Delhi).

[55] Ministry of Electronics and Information Technology, Online Child Safety Guidelines.

[56] Constitution of India arts 14–24.

[57] Sheela Barse v Union of India (1986) 3 SCC 596 (SC).

[58] Independent Thought v Union of India (2017) 10 SCC 800 (SC).