Empowering Tomorrow: Understanding and Upholding Child Rights

Child Rights

* Who is a “CHILD”? *

According to international law, a ‘child’ means every human being below the age of 18 years. This is a universally accepted definition of a child and comes from the United Nations Convention on the Rights of the Child (UNCRC), an international legal instrument accepted and ratified by most countries.

India has always recognised the category of persons below the age of 18 years as distinct legal entity. That is precisely why people can vote or get a driving license or enter into legal contracts only when they attain the age of 18 years. Marriage of a girl below the age of 18 years and a boy below 21 years is restrained under the Child Marriage Restraint Act 1929. Moreover, after ratifying the UNCRC in 1992, India changed its law on juvenile justice to ensure that every person below the age of 18 years, who is in need of care and protection, is entitled to receive it from the State.

There are, however, other laws that define a child differently and are yet to be brought in conformity with the UNCRC. But, as stated earlier, the legal understanding of the age of maturity is 18 for girls and 21 for boys.

This means all persons in your village/town/city below the age of 18 years have to be treated as children and need your assistance and support.

What makes a person a ‘child’ is the person’s ‘age.’ Even if a person under the age of 18 years is married and has children of her/his own, she/he is recognised as a child according to international standards.

* Key points *

• All persons below the age of 18 are children.
• Childhood is a process through which every human being passes.
• Children have different experiences during childhood.
• All children need to be protected from abuse and exploitation.

* Why do children need special attention? * 

1. Children are more vulnerable than adults to the conditions under which they live.
2. Hence, they are more affected than any other age group by the actions and inaction of governments and society.
3. In most societies, including ours, views persist that children are their parents’ property, or are adults in the making, or are not yet ready to contribute to society.
4. Children are not seen as people who have a mind of their own, a view to express, the capacity to make a choice and an ability to decide.
5. Instead of being guided by adults, their life is decided by adults.
6. Children have no votes or political influence and little economic power. Too often, their voices are not heard.
7. Children are particularly vulnerable to exploitation and abuse.

* What are the Child Rights? *

• All people under the age of 18 are entitled to the standards and rights guaranteed by the laws that govern our country and the international legal instruments we have accepted by ratifying them.
• The Constitution of India guarantees all children certain rights, which have been specially included for them. These include:
• 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)).

* Besides these they also have rights as equal citizens of India, just as any other adult male or female *:

• 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 State must *:

• Make special provisions for women and children (Article 15 (3)).
• Protect interest of minorities (Article 29).
• Promote educational interests of weaker sections of the people (Article 46).
• Raise the level of nutrition and standard of living of its people and the improvement of public health (Article 47).
• Besides the Constitution, there are several laws that specifically apply to children. As responsible teachers and citizens, it is advisable that you are aware of them and their significance. These have been described in different sections of this booklet along with the issues they deal with.

* United Nations Convention on the Rights Of The Child  *

The most significant of all international laws for children is the UN Convention on the Rights of the Child, popularly referred to as the CRC. This, together with our Indian Constitution and Laws, determine what rights all children must have.

*What is the UN Convention on the Rights of the Child? *

Human rights belong to all people, regardless of their age, including children. However, because of their special status - whereby children need extra protection and guidance from adults - children also have some special rights of their own. These are called children’s rights and they are laid out in the UN Convention on the Rights of the Child (CRC).

* Significant features of the UN Convention on the Rights of the Child (CRC) *

• Applies equally to both girls and boys up to the age of 18, even if they are married or already have children of their own.
• The convention is guided by the principles of ‘Best Interest of the Child’ and ‘Non-discrimination’ and ‘Respect for views of the child.’
• It emphasises the importance of the family and the need to create an environment that is conducive to the healthy growth and development of children.
• It obligates the state to respect and ensure that children get a fair and equitable deal in society.

*It draws attention to four sets of civil, political, social, economic and cultural rights *:

1. Survival
2. Protection
3. Development
4. Participation

* Right to Survival includes *

• Right to life.
• The highest attainable standard of health.
• Nutrition.
• Adequate standard of living.
• A name and a nationality.

*Right to Development includes*

• Right to education.
• Support for early childhood care and development.
• Social security.
• Right to leisure, recreation and cultural activities.

*Right to Protection includes freedom from all forms of*

• Exploitation.
• Abuse.
• Inhuman or degrading treatment.
• Neglect.
• Special protection in special circumstances such as situations of emergency and armed conflicts, in case of disability etc.

*Right to Participation includes*

• Respect for the views of the child.
• Freedom of expression.
• Access to appropriate information.
• Freedom of thought, conscience and religion.

All rights are dependent on each other and are indivisible. However, because of their nature all rights are divided into:

Immediate Rights (Civil and Political Rights) which include such things as discrimination, punishment, right to a fair hearing in criminal cases and a separate system of juvenile justice, right to life, right to nationality, right to re-unification with the family.

Most protection rights fall within the category of immediate rights and therefore demand immediate attention and intervention.

Progressive Rights (Economic, Social and Cultural Rights), which include health and education and the rights that are not covered by the first category.

They are recognised in the CRC under Article 4, which states: “With regard to economic, social and cultural rights, State Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.”

Note: Children acquire different capacities and degrees of maturity as they grow older. This does not mean they require no protection if they are 15 or 16 years old. For instance, children in our country are made to marry and work under the age of 18. But they should not receive less protection because the community feels they have matured. They must receive the very best protection, opportunities and help in order to ensure them the best start in life on their journey to adulthood.

* Protection of Children from Sexual Offences Act (POCSO) Act, 2012*

1. Salient features of the Act and its amendment
2. Punishments for Offences covered in the Act
3. Provisions related to conduct of trial of reported offences

In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and related matters and incidents.

The Act was amended in 2019, to make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.

* Salient features of the Act and its amendment*

•  The Act is gender neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child.
• The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
• It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
• People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.
• It defines "child pornography" as any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child;'

* Punishments for Offences covered in the Act *

1. Penetrative Sexual Assault (Section 3) on a child - Not less than ten years which may extend to imprisonment for life, and fine (Section 4). Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine.
2. Aggravated Penetrative Sexual Assault (Section 5) — Not less than twenty years which may extend to imprisonment for life, and fine (Section 6)
3. Sexual Assault (Section 7) i.e. sexual contact without penetration — Not less than three years which may extend to five years, and fine (Section 8)
4. Aggravated Sexual Assault (Section 9) by a person in authority — Not less than five years which may extend to seven years, and fine (Section 10)
5. Sexual Harassment of the Child (Section 11) — Three years and fine (Section 12)
6. Use of Child for Pornographic Purposes (Section 14) — Not less than Five years and fine and in the event of subsequent conviction, seven years and fine Section 14 (1)
7. Use of child for pornographic purposes resulting in penetrative sexual assault : Not less than 10 years (in case of child below 16 years, not less than 20 years)
8. Use of child for pornographic purposes resulting in aggravated penetrative sexual assault : Not less than 20 years and fine
9. Use of child for pornographic purposes resulting in sexual assault : Not less than three years which may extend upto five years
10. Use of child for pornographic purposes resulting in aggravated sexual assault : Not less than five years which may extend to seven years
11. Any person, who stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or report the same to the designated authority, as may be prescribed, with an intention to share or transmit child pornography - Fine of not less than Rs 5,000; in the event of second of subsequent offence, fine not less than Rs 10,000.
12. Any person, who stores or possesses pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment of either description : Upto three years of imprisonment, or with fine, or both.
13. Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be punished on the first conviction : Not less than three years of imprisonment which may extend to five years; or with fine or with both. Second or subsequent conviction: not less than five years and upto seven years and also fine.

* Provisions related to conduct of trial of reported offences *

1. The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process.
2. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:

• Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector.
• No child to be detained in the police station in the night for any reason.
• Police officer to not be in uniform while recording the statement of the child.
• The statement of the child to be recorded as spoken by the child.
• Assistance of an interpreter or translator or an expert as per the need of the child.
• Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled
• Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.
• In case the victim is a girl child, the medical examination shall be conducted by a woman doctor. 13. Frequent breaks for the child during trial. Child not to be called repeatedly to testify.
• No aggressive questioning or character assassination of the child in-camera trial of cases.

1. .The Act recognizes that the Intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized.
2. The attempt to commit an offence under the Act has been made liable for punishment for upto half the punishment prescribed for the commission of the offence.
3. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence.
4. The Act makes it mandatory to report commission of an offence and also the recording of complaint and failure to do so would make a person liable for punishment of imprisonment for six months or / and with fine. 18.1t is a Punishable action if Police / Special Juvenile Police Unit fails to report a commission of the offence under this act (Section- 2141)
5. For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted to the accused. This provision has been made keeping in view the greater vulnerability and innocence of children.
6. To prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent. Such punishment has been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year) (Section 22).
7. The media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year (Section 23).
8. For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible (Section 35).
9. To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child.
10. The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.
11. Where an act or omission constitutes an offence punishable under this Act and also under sections 166A, 354A, 354B, 354C, 354D, 370,370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code (45 of 1860),then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree."
12. The Provisions of this Act is in addition to and not in derogation of any other provisions of any other Law. In case of any consistency the provisions of this act will have an overriding effect on any other provisions.
13. The POCSO Act is only applicable to child survivors and adult offenders. In case two children have sexual relations with each other, or in case a child perpetrates a sexual offence on an adult, the Juvenile Justice (Care and Protection of Children) Act, 2000, will apply.

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Protection of Children from Sexual Offences (POCSO) Act, 2012

**Frequently Asked Questions about Digital Education in India

Q.1. *What are child rights?*

A.1. Child rights refer to the fundamental freedoms and entitlements that all children are entitled to, regardless of their ethnicity, nationality, or background. These rights include the right to education, healthcare, protection from exploitation and abuse, and the right to participate in decisions affecting their lives.

Q.2. *Why are child rights important?*

A.2. Child rights are crucial because they ensure that children are protected, nurtured, and given the opportunity to reach their full potential. Upholding child rights promotes the well-being of children, contributes to their overall development, and builds a more equitable and just society.

Q.3. *What are some examples of child rights violations?*

A.3. Child rights violations can take various forms, including child labor, child trafficking, child marriage, physical and emotional abuse, neglect, lack of access to education or healthcare, and discrimination based on gender, ethnicity, or disability.

Q.4. *How can individuals contribute to upholding child rights?*

A.4. Individuals can contribute to upholding child rights by raising awareness about children's issues, supporting organizations and initiatives that advocate for child rights, volunteering with children's charities, promoting inclusive and equitable policies, reporting instances of child rights violations, and advocating for legislative changes to protect children's rights.

Q.5. *What is the role of governments in protecting child rights?*

Governments play a crucial role in protecting child rights by enacting and enforcing laws and policies that safeguard children from harm and ensure their well-being. This includes measures to prevent child labor, combat child trafficking, provide access to education and healthcare, and establish systems for child protection and juvenile justice.

Q.6. *How can communities support the empowerment of children?*

A.6. Communities can support the empowerment of children by creating safe and supportive environments where children's voices are heard, their opinions are respected, and their rights are upheld. This can involve providing educational and recreational opportunities, promoting inclusive practices, and fostering a culture of respect for diversity and equality.

Q.7. *What are some challenges in achieving universal child rights?*

A.7. Some challenges in achieving universal child rights include poverty, inequality, lack of access to resources and services, cultural barriers, armed conflict, displacement, discrimination, and weak enforcement of laws protecting children's rights. Addressing these challenges requires concerted efforts from governments, civil society, and the international community.

Q.8. *How can education contribute to the promotion of child rights?*

A.8. Education plays a vital role in promoting child rights by empowering children with knowledge, skills, and awareness of their rights and responsibilities. Through education, children learn to advocate for themselves, challenge injustices, and participate actively in their communities, ultimately contributing to the realization of a world where all children can thrive.

Child rights issues and solutions