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Empowering the Future: Advancing Child Rights for Holistic Development

A child's development rights include a right to education, play and leisure, access to cultural activities, information, as well as freedom of thought, conscience and religion. The health development of children is crucial to the future well-being of any society. Because they are still developing, children are especially vulnerable – more so than adults – to poor living conditions such as poverty, inadequate health care, nutrition, safe water, housing and environmental Pollution. This paper address the children in the subject of their rights and development in India.

Introduction
A child is a person who is below 18 years of age, and according to Section 2(a) of the Indian Majority Act, 1875:
Nothing herein contained shall affect:
  • The capacity of any person to act in the following matters, namely:
    • Marriage
    • Dower
    • Divorce
    • Adoption
Generally, a child below 18 years does not have sufficient understanding of right and wrong and is unable to make decisions in their favor. They need extra care and support from their guardian. 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 21A)

Four Pillars of Child Rights:

  • Right to survival
  • Right to protection
  • Right to development
  • Right to participation

  1. Right to Survival: States Parties shall guarantee to the maximum extent possible the survival and development of the child.
    • States Parties recognize the right of every child to a standard of living adequate for his or her physical, mental, spiritual, moral, and social development.
    • Parents or other persons responsible for the child have the primary responsibility to provide, within their possibilities and financial means, the living conditions necessary for the child's development.
  2. Right to Protection: India has a wide range of laws to protect children, and child protection is increasingly accepted as a core component of social development.
     
    • The challenge is in implementing the laws due to inadequate human resource capacity on the ground and quality prevention and rehabilitation services. As a result, millions of children are prone to violence, abuse, and exploitation.
    • Violence takes place in all settings: at home, school, childcare institutions, work, and in the community. Often, violence is perpetrated by someone known to the child.
    • India has a fairly comprehensive policy and legal framework addressing rights and protection for children, ensuring equal access to quality protection services. The core child protection legislation includes:
      • The Juvenile Justice (Care and Protection) Act (2000, amended in 2015)
      • The Prohibition of Child Marriage Act (2006)
      • The Protection of Children from Sexual Offences Act (2012)
      • The Child Labour (Prohibition and Regulation) Act (1986, amended in 2016)
         
  3. Right to Development: This right is enshrined in the 1986 UN Declaration on the Right to Development, whereby every person and all peoples are entitled to participate in, contribute to, and enjoy the benefits of development. The entitlements in the Declaration are vitally necessary for children and youth to live full and dignified lives.
     
  4. Right to Participation: Children have the right to freely express their thoughts, views, and opinions and participate in society, particularly in areas affecting them. Their voices must be seriously taken into account in line with their age and maturity.

Literature Review:

Chandan Roy(2013) said India globally recognized the significance of child rights. The Constitutions of India also guarantees certain child rights covering basic issues, like 'health', 'education' and protection from 'hazardous employment' and 'exploitation'. However, despite the existence of many legal provisions, the vulnerability of Indian children in different dimensions cannot be undermined. This paper attempts to locate the status of child in development ladder of Indian economy at regional level and shows how the disparity in development indicators actually accelerates the nature of exclusive development. Child Abuse is emphasized as aprincipal inhibitor in child development. Indian Parliament at last approved "The Protection of Children from Sexual offences Bill 2011.

Yuni Tri Jayati (2020) on the subject states The problem of human resources arranged in a systematic problem, explains that the problem of children is one of the problems that greatly affects the quality of human resources. Children's Problems are inseparable from the lack of responsibility towards children. The state has a great responsibility to protect children because one of the rights that must be obtained by children is the state's recognition of children's right to life and  the obligation of the state to guarantee the development and survival of children. One of the problems of children that continues to increase every year is the problem of children who are dealing with the law.

"Amit Prakash" on the poverty. Children who are born under the poverty line have to suffer a lot from the beginning to the end of the day from sunrise to sunset. They have to work in small places for food and for surviving their daily life. Their family is also suffering from that they don't have proper jobs and no way of earning and as the result all the members of the family especially the children have to suffer a lot. They don't have proper food to eat not a proper living place. They just live in the hut or near the roadside.

Their parents work day and night to feed their children twice a day but in the worse cases, it was very difficult to do that. In that circumstances, the children also need to work for food or healthy living. The common reason of it their parents don't have a job or work to do in most cases their parents work on daily wages, for example, labour work, cleaning, babysitting, N fairhall (2021) The United Nations Convention on the Rights of the Child (uncrc) sets out rights of every child, consisting of 54 Articles which include civil, political, economic, social and cultural rights for all children (Save the Children, n.d.-b; unicef, 2005; United Nations, 1989).

Further to the specific Articles of the uncrc, there are four overarching core principles: of non-discrimination, devotion to the best interests of the child, the rights to life, survival and development, and respect for the views of the child (often referenced as participation or "children's voice") (United Nations Committee on the Rights of the Child, 2003; Woods and Bond, 2014). Notably, however, the conceptualisation and integration of these "general principles" at their foundation within the uncrc has been shown to be weak (Hanson and Lundy, 2017).

Whilst this review does not take a specific focus on the participation principle, often specifically related to Articles 12–17, it does relate to the rationale of this review which has a focus upon children's views of their rights.

Anuradha palanichamy (2016) on over- arching issue in many countries children's lives are plagued by armed conflict, child labour, sexual exploitation and other human rights violations. Children living in rural areas have fewer opportunities to obtain good quality education. They have less access to services than children living in cities. The UN Convention on the Rights of the Child (CRC) (Article 38)1 has explicitly prohibited persons under age of 18 being recruited into the armed forces or directly participating in hostility.

In spite of this special provision under CRC, many countries still involve children below 18 years in hostilities. Child labour keeps children out of school and is a major barrier to development. To make the anti child labour law a reality, poverty and unemployment need to be eliminated. Unless the standard of living improves at the lower levels of the society, children will be forced to work. Many middle and upper class families do not hesitate to engage young boys and girls to help them with household chores as they believe that by employing a child below 14 years they are helping poor families to increase their earnings for daily livelihood.

Suggestions:

How we can stop child labour in India?

  • Spread awareness: If parents and communities are aware and alert, disruption in children's education can be prevented, and many of them will not get pushed into child labour.
  • More stringent laws and effective implementation.
  • Sending more children to school.

What can you do to prevent trafficking of children?

  • Encourage children to focus on education.
  • Spread awareness among parents and communities about the ill effects of child trafficking.
  • Work together to create an environment where every child can enjoy a safe childhood.

How to stop child marriage?

Three simple actions against child marriage

Ending child marriage is no small task, but many small actions can create big change. We don't have to stand by and accept practices that hurt children and communities. Instead, here are three actions we can all take:
  1. Report any child marriage happening around you to the proper authorities.
  2. Educate your friends, family, and community about why child marriage is harmful.
  3. Promise to never be a part of any event that promotes child marriage.

Steps for the better future of child

Parenting is considered one of the most difficult jobs in the world, but there's no formal education available on how to parent successfully. The good news is there are many ways parents can stimulate their babies' brains and use day-to-day events as exceptional learning opportunities.  

Conclusion
While studying i observed that the child seems to be suffering from major issues which preventing them to raise properly and distracting their minds. Country have many acts and rights for the better upbringing of the child but in undeveloped areas children and parents are not even aware about such rights. Only prescribing rights for the development of child is not enough. It is necessary to keep them aware about such rights. However in the city area's children's are quite safe as compared to undeveloped area's. Hoping that the situation will be in hand on upcoming days and the children's of rural area will be free from such issues.

Reference:
  • Indian Majority Act (1875)
  • Constitution of India (1950)
  • https://www.unicef.org
  • https://www.savethechildren.in
  • https://www.researchgate.net
  • www.jlrjs.com
  • Brill.com
  • https://www.nluo.ac.in

Written By: Farhan lyaqat,
Prestige institute of management and research Gwalior, Airport road, Gwalior (Madhya Pradesh)
Email: [email protected]

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