Human Rights in India: Focus on Child Rights

Introduction

Human rights are fundamental entitlements inherent to all human beings, regardless of nationality, race, religion, or any other status. In India, these rights are enshrined in the Constitution and are further protected by various laws and policies. Among the most vulnerable groups in society are children, whose rights require special attention and protection. This assignment will explore the concept of human rights in India, with a particular focus on child rights, their legal framework, challenges in implementation, and the role of various stakeholders in safeguarding these rights. 

Keywords

Human Rights, Fundamental Rights, Child Rights, Legal Framework, Protection of Children

Human Rights in India

Human rights in India are grounded in the Constitution, which guarantees certain fundamental rights to all citizens, including the right to equality, freedom, and protection against exploitation. These rights are further supported by international treaties and conventions, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), to which India is a signatory. 

Child Rights in India

Children, due to their age and developmental stage, require special protection and care. Child rights in India are a subset of human rights with a focus on ensuring the welfare and development of children. These rights are articulated in the United Nations Convention on the Rights of the Child (UNCRC), which India ratified in 1992. The UNCRC outlines four broad categories of child rights: 

1. Right to Survival: This includes the right to life, nutrition, and adequate standard of living. In India, these rights are supported by policies such as the Integrated Child Development Services (ICDS) and the Mid-Day Meal Scheme.  
2. Right to Protection: Children are entitled to protection from abuse, neglect, exploitation, and violence. The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a critical piece of legislation aimed at safeguarding children from sexual abuse.  
3. Right to Development: This encompasses the right to education, play, leisure, and access to information. The Right to Education (RTE) Act, 2009, mandates free and compulsory education for children aged 6 to 14 years.  
4. Right to Participation: Children have the right to express their views, participate in decision-making processes, and be heard in matters affecting them. This is a relatively new area of focus in India, with efforts being made to involve children in discussions about their own welfare. 

Legal Framework for Child Rights in India

India has a comprehensive legal framework for the protection and promotion of child rights. Key legislations include: 

1. The Constitution of India: Articles 21A, 24, and 39(e) provide for the protection and promotion of children’s rights, including the right to free and compulsory education, protection from hazardous employment, and protection from abuse and exploitation.  
2. The Juvenile Justice (Care and Protection of Children) Act, 2015: This law provides for the care, protection, treatment, and rehabilitation of children in conflict with the law and those in need of care and protection.  
3. The Protection of Children from Sexual Offences (POCSO) Act, 2012: This act provides a robust legal framework for the protection of children from sexual abuse, exploitation, and harassment.  
4. The Right to Education (RTE) Act, 2009: This act ensures that every child between the ages of 6 and 14 years has access to free and compulsory education.  
5. The Child Labour (Prohibition and Regulation) Act, 1986: Amended in 2016, this act prohibits the employment of children below 14 years in hazardous occupations and processes and regulates the working conditions of adolescents. 

Challenges in the Implementation of Child Rights

Despite a strong legal framework, the implementation of child rights in India faces several challenges: 

1. Poverty and Economic Exploitation: A significant proportion of Indian children live in poverty, which often leads to child labor and exploitation. Economic pressures force children into hazardous work environments, depriving them of education and a healthy childhood.  
2. Education and Literacy: While the RTE Act has made significant strides in improving access to education, issues such as poor quality of education, high dropout rates, and gender disparities persist.  
3. Child Abuse and Exploitation: Child abuse, including physical, emotional, and sexual abuse, remains a pervasive problem. The POCSO Act, though comprehensive, faces challenges in implementation due to social stigma, lack of awareness, and inadequate enforcement mechanisms.  
4. Health and Nutrition: Malnutrition and lack of access to healthcare services are major issues affecting children’s survival and development. The ICDS and Mid-Day Meal schemes, though effective in some regions, face challenges in consistent implementation across the country.  
5. Lack of Awareness and Advocacy: There is a general lack of awareness among the public and even among children about their rights. Advocacy efforts are often hampered by socio-cultural norms and practices that perpetuate discrimination and exploitation. 

Role of Stakeholders in Promoting Child Rights

The protection and promotion of child rights require a concerted effort from various stakeholders, including the government, non-governmental organizations (NGOs), civil society, and the community. 

1. Government: The government plays a crucial role in enacting and enforcing laws, formulating policies, and implementing programs aimed at protecting child rights. Effective governance, coupled with strong political will, is essential for the realization of these rights.  
2. Non-Governmental Organizations (NGOs): NGOs play a vital role in advocating for child rights, raising awareness, providing services, and monitoring the implementation of child protection laws. Organizations like CRY (Child Rights and You), Save the Children, and Bachpan Bachao Andolan have been instrumental in addressing child rights issues in India.  
3. Civil Society and Media: Civil society organizations and the media have a significant role in creating awareness, advocating for policy changes, and holding the government accountable for the protection of child rights.  
4. Community and Parents: The community, including parents and guardians, has a primary responsibility to ensure that children are protected and their rights are respected. Efforts to educate and sensitize communities about child rights are crucial for creating a protective environment for children. 

Real-Life Case Study: The Tragic Death of Asifa Bano and Its Impact on Child Rights in India

Child rights are a crucial aspect of human rights, focusing on the protection and welfare of children who are among the most vulnerable members of society. India has seen numerous instances where the rights of children have been grossly violated. One such heart-wrenching case is that of Asifa Bano, an eight-year-old girl from Jammu and Kashmir, whose brutal rape and murder in 2018 shocked the nation and drew international attention to the issue of child rights in In

The Incident

Asifa Bano, a young girl from the nomadic Bakarwal community, was kidnapped, raped, and murdered in January 2018 in the Kathua district of Jammu and Kashmir. Her body was found in a forest near her village after she had been missing for a week. The case was particularly disturbing due to the horrific nature of the crime, which was committed as part of a premeditated plan to drive her Muslim community out of the area.  

The crime was not only brutal but also politically charged, with the involvement of local law enforcement officials and community leaders who attempted to obstruct the investigation. The perpetrators, including a retired government official, two Special Police Officers, and a juvenile, were eventually arrested and charged. The incident sparked outrage across the country, leading to widespread protests and demands for justice. 

Legal Proceedings and Convictions

The case was initially investigated by the local police, but due to concerns about impartiality, the investigation was transferred to the Crime Branch of the Jammu and Kashmir Police. The investigation revealed a chilling conspiracy behind the crime, where Asifa was targeted because of her community’s religion.  

In June 2019, a special court in Pathankot convicted six of the seven accused, including the mastermind, Sanji Ram, who was sentenced to life imprisonment. Three of the convicted were sentenced to life imprisonment, while three others received five years in prison for evidence tampering. The case against the juvenile accused is still pending in the Juvenile Justice Board. 

Impact on Child Rights and Legal Reforms

Asifa’s case highlighted several critical issues related to child rights in India, including the vulnerability of children from marginalized communities, the need for a swift and impartial justice system, and the importance of safeguarding children from violence and exploitation. 

1. POCSO Act Amendments: The Protection of Children from Sexual Offences (POCSO) Act, 2012, was amended in 2019 to include the death penalty for aggravated sexual assault on children. The amendment aimed to serve as a deterrent to such heinous crimes and ensure stricter punishment for offenders.  
2. Fast-Track Courts: The public outcry over Asifa’s case and similar incidents led to the establishment of fast-track courts for cases involving sexual offenses against children. This was part of an effort to ensure that justice is delivered swiftly, minimizing the trauma experienced by victims and their families.  
3. Increased Awareness and Advocacy: The case also led to increased awareness and advocacy for child rights, with various NGOs and civil society organizations stepping up their efforts to protect vulnerable children. Campaigns focusing on child safety, education, and empowerment have gained momentum, emphasizing the need for a collective approach to safeguarding children.  
4. Community Policing and Protection: The incident underscored the importance of community policing and the role of local authorities in protecting children. Initiatives aimed at building trust between law enforcement and communities have been promoted to ensure better protection of children, especially those from marginalized and vulnerable groups. 

Challenges and Ongoing Issues

Despite the legal reforms and increased awareness, challenges remain in the implementation of child protection laws in India. The case of Asifa Bano is a stark reminder of the deep-seated prejudices and systemic issues that continue to put children at risk. These challenges include:

1. Political and Religious Polarization: The case highlighted how political and religious polarization can obstruct justice and further endanger the lives of vulnerable children. Ensuring impartial investigations and trials in such cases remains a significant challenge. 
2. Implementation of Laws: While laws like the POCSO Act have been strengthened, the effective implementation of these laws is often hampered by lack of resources, inadequate training of law enforcement personnel, and societal attitudes that discourage reporting of child sexual abuse.  
3. Protection of Marginalized Communities: Children from marginalized communities, like the Bakarwal community in Asifa’s case, face heightened risks of violence and exploitation. Protecting these children requires targeted efforts, including community engagement, education, and socio-economic support. 

Conclusion

The tragic death of Asifa Bano serves as a painful reminder of the vulnerabilities faced by children in India, particularly those from marginalized communities. While her case led to significant legal reforms and raised awareness about child rights, it also highlighted the ongoing challenges in ensuring the safety and protection of every child in the country. The incident calls for continued vigilance, stronger implementation of laws, and a collective commitment from all sections of society to protect the rights of children and ensure that such tragedies are never repeated.