Research Background
Children's rights are of utmost importance in any society, given their vulnerability. This research paper aims to delve into the various dimensions of child rights in India, with a specific focus on the rights of a child against exploitation, right to health, survival, and development, rights related to adoption and guardianship, and the right to justice. By exploring the historical evolution of these rights in India and studying international best practices, this paper seeks to shed light on the current state of child rights in the country.

The right to health is a fundamental aspect of a child's well:being. Alarming statistics from the National Family Health Survey (NFHS)1 conducted in 2019:2020 reveal high levels of malnutrition(43.37 %) and stunted growth (35.5 %) among Indian children. Addressing these health challenges necessitates effective policies and interventions.

Furthermore, the right to development encompasses education, early childhood care, and access to recreational activities. Despite efforts to improve educational access, the Annual Status of Education Report (ASER) 20212 indicates that a significant number of children (28.8 %) in rural areas lack basic literacy and numeracy skills. Inclusive and equitable educational policies are essential to ensure every child receives quality education.

Child exploitation, including child labor, trafficking, and abuse, is a severe violation of their rights. The International Labour Organization estimates a 10.1 millions child laborers in India3, subjecting them to hazardous conditions and denying them a safe environment. Combating child exploitation necessitates robust legal frameworks, enforcement, and social awareness campaigns.

Additionally, the right related to adoption plays a crucial role in providing orphaned or abandoned children with loving families. India's adoption laws have undergone significant changes to streamline the process and protect children's rights. The Central Adoption Resource Authority (CARA) data indicates a positive trend, with many children finding permanent homes through adoption.

In conclusion, ensuring child rights in India is an ongoing challenge requiring comprehensive efforts from the government, civil society organizations, and society as a whole. By safeguarding children's health, facilitating their development, protecting them against exploitation, and promoting a secure adoption process, India can create a nurturing environment that enhances the well:being and future prospects of its youngest citizens.

Research Problem:
Efforts to address child rights in India have been made, but challenges persist, hindering their effective realization. This research paper focuses on examining and analyzing the existing issues and gaps in implementing child rights, particularly the right to health, survival and development, protection against exploitation, and adoption rights. Inadequate healthcare infrastructure, limited accessibility, and high rates of malnutrition and infant mortality pose obstacles to children's right to health.

Educational inequities, including high dropout rates and poor quality education, hinder the right to development. Exploitation and child labor remain prevalent despite legal provisions. The research will explore the causes and effectiveness of existing measures to combat these issues. Additionally, the adoption process in India needs improvement to ensure transparency and child:centeredness. By addressing these research problems, the study aims to provide a comprehensive understanding and propose recommendations to enhance child protection mechanisms and promote the well:being of children in India.

Literature Review
Numerous studies have highlighted the challenges and disparities in the realization of the right to health for children in India. According to a study conducted by Gupta et al. (2020), children in marginalized communities face barriers to accessing healthcare services, resulting in a higher prevalence of malnutrition and infectious diseases. The research emphasizes the need for improved healthcare infrastructure, increased investment in nutrition programs, and enhanced accessibility to essential healthcare services for children.

Research on the right to development of children in India has shed light on the educational inequities and barriers they face. According to a study by Khan et al. (2019), factors such as poverty, gender discrimination, and social norms contribute to educational disparities, particularly among marginalized communities. The study emphasizes the importance of targeted interventions, including scholarships, infrastructure development, and teacher training programs, to address these inequities and ensure equal access to quality education for all children.

Child exploitation, including child labor and trafficking, remains a significant concern in India. Research by Ray et al. (2020) reveals the complexities and challenges in combating child labor, highlighting the need for effective enforcement of legislation, socio-economic interventions, and awareness campaigns. The study emphasizes the importance of a multi:stakeholder approach involving government agencies, civil society organizations, and communities to address child labor effectively.

Aim and Objective
The aim of this research is to examine and analyze the status, challenges, and prospects of child rights in India, with a focus on the right to health, right to development, right against exploitation, and right related to adoption.

Objectives:

• To assess the current status of child health in India, including the prevalence of malnutrition, access to healthcare services, and immunization coverage.
• To evaluate the effectiveness of existing government programs and policies in promoting child health and well-being, such as the Integrated Child Development Services (ICDS) and immunization campaigns.
• To examine the existing educational landscape for children in India, including access to education, quality of education, and disparities in educational outcomes.
• To analyze the factors contributing to educational inequities and barriers faced by children, particularly those from marginalized communities.
• To investigate the prevalence and forms of child exploitation in India, including child labor, trafficking, and abuse.
• To analyze the effectiveness of existing legal frameworks and interventions in preventing and addressing child exploitation.
• To propose measures and policies to strengthen child protection mechanisms and ensure the effective realization of the right against exploitation for children in India.
• To examine the adoption procedures and safeguards in India, including the role of adoption agencies, legal frameworks, and the protection of the child's rights throughout the adoption process.
• To assess the challenges and gaps in the adoption system, including delays, transparency, and accountability.
• To offer recommendations to strengthen the legislative and administrative regime to protect child rights.

By accomplishing these objectives, this research aims to contribute to the understanding of child rights in India and provide evidence:based recommendations for policy:makers, stakeholders, and practitioners working towards the protection and promotion of children's rights in the country.

Scope and Limitation
The scope of this research paper encompasses child rights issues in India, considering the diverse socio:cultural and economic contexts within the country. It focuses on four specific rights: the right to health, development, protection against exploitation, and adoption rights. The research will utilize existing data and qualitative methods to analyze child rights issues, aiming to provide evidence:based policy recommendations for stakeholders and practitioners involved in child rights advocacy.
Limitations Faced by the Team

• Data Availability: The research is limited by the availability and reliability of data related to child rights in India.
• Time Constraints: Due to time constraints, the research may not be able to cover all aspects of child rights comprehensively.
• Resource Limitations: The research may face limitations in terms of resources, such as financial constraints or restricted access to certain sources of information.
• Generalizability: While the research aims to provide insights into child rights issues in India, the findings may not be fully generalizable to all regions or communities within the country.
• Ethical Considerations: The research may encounter ethical considerations, particularly when dealing with sensitive topics such as child exploitation or adoption.

Research Questions

• What has been the jurisprudence of evolution of Child Rights in India through the ages?
• What are the key challenges and strategies for the effective realization of child rights in India, specifically focusing on the right to Health, Survival and Development, right against Exploitation, right related to Adoption and Justice?
• What are the Legislative, Administrative, and Judicial frameworks that support Child Rights in India? (Policies And Programs)
• What roles have the institutions played in preserving the Child Rights?

Research Methodology:
This study adopts a mixed:methods research design, combining quantitative and qualitative approaches to comprehensively explore child rights issues in India. The quantitative component involves analyzing secondary data from government reports, surveys, and databases, focusing on indicators related to child health, education, exploitation, and adoption. National surveys like NFHS and ASER will serve as important sources of data.

The qualitative component includes conducting semi:structured interviews with key stakeholders, such as government officials, NGOs, child rights activists, and individuals working in the field. Additionally, case studies will be employed to gain in:depth insights into specific child rights issues. These qualitative methods will provide a deeper understanding of the complexities and perspectives surrounding child rights in India.

The collected data will undergo analysis using appropriate techniques for each method. Quantitative analysis will involve statistical techniques to examine prevalence, patterns, and correlations among child rights indicators. Qualitative data will be transcribed, coded, and thematically analyzed to identify key themes, patterns, and narratives.

Ethical considerations will be given utmost importance throughout the research process. Informed consent will be obtained from participants, ensuring their confidentiality and privacy. The research team will handle sensitive topics related to child rights ethically and responsibly.

By employing this mixed:methods research methodology, the study aims to provide a comprehensive and nuanced understanding of child rights in India. The combination of quantitative evidence and qualitative insights will inform policy recommendations and advocacy efforts, contributing to the improvement of child protection mechanisms and the promotion of child rights in the country.

International Instruments

Child rights have long been on the agenda of the Hague Conventions. In the backdrop of two world wars, the international community found its most vulnerable section of the population : the children, separated by one parent or both by national boundaries. Children turned out to be trapped between international borders becoming refugee children, abducted children, inter: country adoptees, trafficked and subjected to cross:border sexual and economic exploitation and other serious pressing situations that require cooperation between states and a proper framework that not only deals with these problems but effectively can provide for protection of our children.

• The very first attempts related to international child law can be seen in the 1902 Convention governing the Guardianship of Minors. The convention was concerned with the legal position of children concerning their guardianship in the international context. It gave the concept of guardianship as established by the Hague Convention. Attempts were made by the League of Nations in 1924, as it adopted the Geneva Declaration of Rights which delineated a child's rights to means for development, protection from exploitation, priority of relief, etc.
• Article 427 of the Versailles Peace Treaty signed in 1919 urged the International Labour Organisation (ILO) to take measures related to the abolition of child labour. Today, we see a similar approach being upheld under the Social Clause of the World Trade Organisation that prohibits child labour.
• The Universal Declaration of Human Rights, 1948, under Article 25 calls for 'special care and assistance' along with 'social protection' for children. Child rights were further conceptualised by the 1959 UN Declaration on Rights of the Child which laid down a child's right to education, a supportive and safe environment, and healthcare.
• On 20th November 1989, the United Nations General Assembly (UNGA) unanimously adopted a Convention on the Rights of the Child. The convention stressed the need to extend child rights as previously proclaimed by the Geneva Declaration of the Rights of Child adopted by the League of Nations in 1924 and the Declaration of the Rights of Child adopted by the UNGA in 1959. The convention also refers to the Universal Declaration of Human Rights which acknowledges that children are entitled to special care and assistance. Additionally, Paragraph 10 of the Convention recalls the:
  • United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with special reference to Foster Placement and Adoption Nationally and Internationally (UNGA resolution 41/85);
  • UNGA resolution 40/33: The United Nations Standard Minimum Rules for Administration of Juvenile Justice: commonly referred to as 'the Beijing Rules';
  • UNGA resolution 3328 (XXIX): the UN Declaration on the Protection of Women and Children in Time of Emergency and Armed Conflict;
  • The Convention also refers to Article 24(1) of the International Covenant on Civil and Political Rights, which talks about protection being given to children without any discrimination on the part of the family, society, and the state.
• The convention in Paragraph 6 recognises that the family is a fundamental unit of society and should be provided with necessary protection and assistance so it can assume responsibilities. The Convention on the Rights of the Child comprises minimum standards for child rights and does not restrict any state from granting more rights to their children or defining the rights of children more broadly.
• The 1989 Convention on the Rights of the Child has been criticised for having no consistent policy as it is alleged that the convention deals with diverse issues in a haphazard manner and other specific conventions seem to be more useful. The convention attracts criticism on the grounds of the absence of a unified approach that defines peculiarities of child rights and the conditions, be it economic, religious, or cultural, within which child laws operate differ so widely.
• The 1989 Convention is characterised as soft law and largely found to be falling short. But at the same time, it can act as a powerful point of pressure that can be used to persuade governments to confront children's issues. The CRC further recognises that child rights are conditioned by economic factors and therefore prevent states from viewing it as an instrument of oppression. While various dimensions related to children and their rights are very well addressed in various Hague Conventions that have evolved under the conferences on International Private Law, CRC lays down the basic rights of a child.

Evolution Of Jurisprudence Of Child Rights In India

Indian History of Child Rights

Evidently from the Ancient texts we have around, like the Manusmriti or Mahabharat or the Vedas, it is clear that laws revolving around Children have existed in this country for quite some time. Children were even considered to be €œowned€ by their fathers. The British helped in the modernization of the Indian society but through Christian Missionaries. They abolished female infanticide as well, however still considered an Indian child inferior to a British. Thus, the British did bring about some reforms, but they weren't because they care for the future of the kids in India, rather each reform they brought had an ulterior motive behind them. reformer the country had ever seen. Raja Ram Mohan Roy found The Brahmo Samaj, which also worked for the liberty and freedom of girl child. He opposed the caste system and helped in the delivery of education to every child.

History of Major Legislations for Protecting Child Rights in India:

• The beginning: First legislation pertaining to children in India was the Apprentice Act of 1850. This legislation, however, did not create a separate juvenile justice system but worked within the adult justice system. It was the Reformatories Schools Act, 1897 which separated, for the first time in India, children from adults in the criminal justice system.
   
• Children's Acts: Following the recommendations of the Indian Jails Committee 1919:1920, the Madras Children Act 1920 was introduced, which became the first Children's Act in India. It was a provincial law and covered the then Madras Province. The Bengal Children's Act and the Bombay Children's Act and many other such legislations then followed. In 1960, the Government of India enacted the Children's Act, which was applicable in Union Territories.
   
• The Juvenile Justice Act: Enacted in 1986, was the first juvenile law in India which was uniformly applicable across the country. In order to comply with the provisions of UNCRC, the Juvenile Justice Act 1986 was amended and reenacted as the Juvenile Justice (Care and Protection of Children) Act in 2000.
   
• Prohibition of Child Marriages Act: The Child Marriage Restraint Act was first enacted in British India in 1929. It was amended in 1978. To overcome the shortcomings of Child Marriage Restraint Act, the Government of India enacted the Prohibition of Child Marriages Act, 2006 (PCMA). Under this Act, a child or minor is a person up to 18 years in the case of girls and 21 years in the case of boys.
   
• Child Labour (Prohibition and Regulation) Act, 1986: The CLPR Act is the foremost legislation on preventing child labour. The CLPR Act repealed the Employment of Children Act, 1938. Under this Act a child means a person who has not completed the age of 14 years. The Act prohibits child labour in certain specific hazardous occupations and manufacturing processes.
   
• Commissions for Protection of Child Rights: The Government of India appointed an Expert Committee under the chairmanship of Justice V R Krishna Iyer for drafting the "National Commission for Children Bill 2000".
   
• Ban On Corporal Punishment: The Supreme Court of India banned corporal punishment for children on December 1, 2000 when it directed the State to ensure "that children are not subjected to corporal punishment in schools, and they receive education in an environment of freedom and dignity, free from fear".
   
• Right to Education Act: The Right of Children to Free and Compulsory Education (RTE) Act, 2009, came into force with effect from 1st April, 2010. The RTE Act aims to provide free and compulsory education to all children from the ages of 6 to 14 years in a neighborhood school, till completion of elementary education.
   
• Protection Of Children From Sex Abuse: The Protection of Children from Sexual Offences Act 2012 (POCSO Act) came into effect on 14th November 2012. This Act aims to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first time, a special law has been passed in India to address the issue of sexual offences against children. It provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment, pornography.

Rights Of Children Against Exploitation

Child exploitation in India is a pressing issue with alarming statistics. According to the International Labour Organization (ILO), India has the highest number of child laborers globally. The National Human Rights Commission reported that approximately 40,000 children are abducted each year, with 11,000 remaining untraced.4 The National Crime Records Bureau (NCRB) recorded 2,200 cases of child trafficking in 2019, with internal trafficking accounting for 95% of the cases.5

• Child labor is a significant concern, and the ILO's report highlighted a rise in children aged 5 to 11 engaged in labor worldwide. The Indian Constitution prohibits children below the age of 14 from working in hazardous occupations or factories. The Child Labour (Prohibition and Regulation) Act, 1986, was established to address child labor practices. In 2016, amendments to the Act enforced a complete prohibition on employing children below the age of 14.
   
• Bonded labor is another form of exploitation, with children forced to work to repay familial debts. The Bonded Labour System (Abolition) Act, 1976, regulates bonded labor in India. The Supreme Court has ruled that bonded labor violates fundamental rights, emphasizing the identification and release of bonded laborers, including children.
   
• Domestic Workers. The ILO estimated that 10.1 million children work as child laborers in India, with 5.6 million boys and 4.5 million girls. Efforts must be made to protect these children from abuse and provide decent working conditions.
   
• Child marriage remains a deeply rooted social issue in India, with around 27% of girls married before the age of 18. The Prohibition of Child Marriage Act, 2006, criminalizes child marriage, but enforcement and implementation are challenging, particularly in rural and marginalized communities. Various initiatives, including awareness campaigns, community mobilization programs, and educational opportunities, have been undertaken to combat child marriage.
   
• Child trafficking involves taking children out of their protective environments for exploitation. Underreporting is a significant concern, with missing children far exceeding the number of reported trafficking cases. Trafficking for sexual exploitation is prevalent, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, provides legal protection and stringent punishments for offenders.
   
• Child begging, considered a form of forced child labor, exposes children to exploitation, abuse, and trafficking. Efforts have been made to recognize the legitimacy of begging through judicial discourse on common law doctrines and constitutional principles. Legislation such as the Bombay Prevention of Begging Act, 1959, and Section 125 of the Code of Criminal Procedure, 1973, aim to address begging and protect vulnerable individuals and children.
   
• Several global organizations are actively working to combat child exploitation in India. The International Justice Mission (IJM) focuses on rescuing and rehabilitating trafficking victims, including children, and supporting legal interventions. Terre des Hommes and Plan International are child rights organizations implementing programs to prevent child exploitation, promote education, and advocate for policy reforms.

Addressing child exploitation requires a multi:faceted approach involving legislation, enforcement, awareness campaigns, community empowerment, and collaboration between governmental bodies, NGOs, and international organizations. By addressing the root causes and providing comprehensive support systems, India can make significant progress in protecting children's rights and combatting exploitation.

Right Of Child To Health And Development

Health and Nutrition Of Child

India witnesses the birth of approximately 26 million children each year, accounting for nearly one-fifth of the global annual child births. For newborns, the focus should be on maternal nutrition, proper antenatal care, safe delivery, immediate neonatal care, and subsequent management during the first 1-3 months. Older children require adequate nutrition and treatment for acute and chronic diseases, while adolescents require physical and emotional health support, disease treatment, and family life counseling. The major causes of child mortality in India, as reported by the Sample Registration System (SRS) from 2010 to 2013⁶, include:

• Prematurity and low birth weight
• Pneumonia
• Diarrheal diseases
• Birth asphyxia and trauma
• Congenital anomalies
• Various other causes

Initiatives to Improve Child Health

• The Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA) provides free and assured antenatal care to pregnant women, identifying high-risk pregnancy cases.
• The Anemia Mukt Bharat (AMB) strategy aims to reduce anemia among young children, adolescents, and women through the POSHAN Abhiyan program.
• The Rashtriya Kishor Swasthya Karyakram (RKSK) focuses on the sexual and reproductive health of adolescents, including iron and folic acid supplementation.

Immediate Newborn Care

• Newborn Care Corners (NBCCs) and the Navjat Shishu Suraksha Karyakram aim to provide essential care and resuscitation for newborns.
• The Universal Immunization Programme (UIP) targets 2.7 crore newborns annually, ensuring vaccination coverage.
• Newborn Stabilization Units (NBSUs) and Special Newborn Care Units (SNCUs) have been established to provide basic care and comprehensive 24/7 support for small and sick newborns.

Nutrition-Related Initiatives

• Initiatives promoting infant and young child feeding practices.
• Establishment of Nutritional Rehabilitation Centers (NRCs) for severe acute malnourished children.
• Vitamin A supplementation.
• Village Health and Nutrition Days (VHNDs) are organized to provide nutritional counseling to mothers and improve child care practices.

Integrated Child Development Services Scheme

The Integrated Child Development Services Scheme aims to improve the nutritional and health status of children below six years of age and pregnant/lactating mothers. This program aims to:

• Reduce mortality, morbidity, malnutrition, and school drop-outs while promoting child development.
• Empower mothers through health and nutrition education.

Additionally, the Mid Day Meal Programme provides cooked meals to school children, initially starting with primary schools and later extended to cover upper primary classes as well. Through these initiatives and programs, India strives to address the health needs of children, reduce child mortality rates, and improve overall child development by prioritizing child-centric policies.

Rights Of Child To Education And Development

The state of child education in India is a matter of concern, with less than half of children between the ages of 6-14 attending school. The enrollment rate drops significantly from grade one to grade eight, indicating a high dropout rate. Approximately 35 million children in the 6-14 age group do not have access to education, and around 53% of girls between 5-9 years old are illiterate. The availability of schools is also limited, with only 53% of habitations having primary schools and 20% having secondary schools. Furthermore, the average distance to an upper primary school is 3 km in 22% of inhabited areas⁷:

Constitutional Provisions

• Article 21A mandates free and compulsory education for children aged six to fourteen years.
• Article 45 emphasizes the provision of early childhood care and education.
• Article 51A(k) imposes a mandate on parents or guardians to provide educational opportunities for their children.

Court Judgments

Significant court judgments have played a role in establishing the right to free and compulsory education as a fundamental right for all children in India:

• Mohini Jain v. Union of India⁸
• J.P. Unnikrishnan v. State of Andhra Pradesh⁹

The ratification of the United Nations Convention¹⁰ on the Rights of the Child (UNCRC) further obligated India to ensure children's rights and justice as per international laws and treaties.

Right of Children to Free and Compulsory Education Act (RTE Act)

• The RTE Act guarantees quality elementary education as a fundamental right for children aged 6-14 years.
• It aims to provide inclusive education for socially and educationally disadvantaged children.
• The implementation of the RTE Act marked a historic moment for Indian children, ensuring child-centered and child-friendly education.

Government Schemes and Programs

• Sarva Shiksha Abhiyan (SSA) aims to achieve universalization of elementary education.
• Rashtriya Madhyamik Shiksha Abhiyan (RMSA) focuses on improving secondary education.
• National Programme for Education of Girls at Elementary Level (NPEGEL) addresses gender disparities.
• Mid-Day Meal Scheme provides free meals to improve attendance and retention rates.
• Kasturba Gandhi Balika Vidyalaya (KGBV) for girls from disadvantaged backgrounds.
• Padhe Bharat Badhe Bharat program for improving literacy skills.

These initiatives and the RTE Act itself aim to enhance the educational landscape for children in India.

Improve attendance and retention rates. Other initiatives include the Kasturba Gandhi Balika Vidyalaya (KGBV) for girls from disadvantaged backgrounds, the Padhe Bharat Badhe Bharat program for improving literacy skills, and the RTE Act itself.

Internationally, several initiatives support the right to education. The United Nations Sustainable Development Goals (SDGs) emphasize inclusive and equitable quality education for all. The Universal Declaration of Human Rights (UDHR) recognizes the right to education, and the Convention on the Rights of the Child (CRC) emphasizes compulsory and free primary education. The Education for All (EFA) initiative and the Global Partnership for Education (GPE) also prioritize providing quality education worldwide.

These initiatives underscore the global commitment to education as a fundamental human right and stress the importance of ensuring quality education for all individuals, regardless of their socioeconomic status. Efforts in India, such as the RTE Act and various government schemes, aim to bridge the education gap and provide equal opportunities for all children.

Right Of Child To Adoption And Guardianship

India as one of the ancient countries in the Asian continent has gone through major changes in the field of adoption. From an informally adopting male child for performing last rites after the death of the adopted parents, India has shown progressive changes. The domestic adoption in India gained its momentum only in late 1980's. Since then, important changes have happened in the field of adoption.

Historical perspective of Indian adoption structuring of inter country adoption policies in India are:

1. The Hindu Adoption & Maintenance Act, 2015
2. Juvenile Justice Act: Model Rules & Adoption Regulation, 2017
3. CARA is for Mandating, monitoring, and provides the Eligibility of Adopted Applicant

According to the latest estimate, only around 2200 children are in the adoption pool while 3100 parents are waiting to adopt a child. The waiting time to adopt a child can take up to three years. The time-consuming process gives child traffickers an edge over legal adoption.

Provision of JJ Act

The Parliament passed the Juvenile Justice Care and Protection of Children Amendment Bill 2021 with the aim of ensuring speedy disposal of cases and enhancing accountability. The new amendment empowers district magistrates to pass adoption orders, which were earlier the responsibility of the courts. All pending applications before the court will now be transferred to the district magistrate, but this move has already raised concerns among parents looking to adopt. Experts think this will further delay the adoption process, which is already long and tedious.

Eligibility Process of Adoption and Expenses of Adoption

1. Physically, mentally, and financially strong. Neither one of the couple should have a life-threatening serious form of medical condition.
2. If married, then the consent of the other parent is also necessary.
3. If you want to be a single mother, you are eligible for either male or female child adoption.
4. If male and want to be a single father, you will be eligible for only male child adoption.
5. If a married couple wants to adopt a child, they must have completed at least 2 years of happy married life.

Provision Related to Guardianship

The guardianship laws in India are governed by various acts and regulations, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, and the Juvenile Justice (Care and Protection of Children) Act, 2015. This multiplicity of laws leads to inconsistencies and varying provisions across different personal laws, creating confusion and inequality in the application of guardianship principles.
 

Right Of Child To Justice

A Nowadays, juveniles are engaging in various serious offences like rape, murder, dacoity, theft, robbery. There are innumerable causes behind the psychic of a delinquent child

Biological causes:

1. Ocular Ailments : leads to irritability and discomfort which will further hamper them in leading a moral life.
2. Hearing Problem : deafness leads to the incapability to do any work properly which further leads to antisocial behaviour.
3. Excessive Strength : A child who is possessed with excessive strength and his mental trait being uncultured will lead to the imbalance in the body which will further encourage a child to do a crime.

Societal and Environmental causes:

1. Family Background : a hostile aggressive parenting atmosphere becomes an easy prey to criminality.
2. Socio:Economic Condition
3. Neighbourhood
4. Trend of Alcoholism
5. Peer Pressure

Juvenile Justice (Care And Protection Of Children) Act, 2015:

Amongst the various provisions of the JJ Act, 2015 there are special provisions to deal with children in the age group of 16:18 years who commit heinous offences. It also provides for strengthened provisions for both children in need of care and protection and children in conflict with law. Some of the key provisions include:

• Change in nomenclature from 'juvenile' to 'child' or 'child in conflict with law', to remove the negative connotation associated with the word 'juvenile';
• Special provisions for heinous offences committed by children above the age of sixteen year;
• Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
• Clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC);
• Clear timelines for inquiry by Juvenile Justice Board (JJB);
• Separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children; inclusion of new offences committed against children;

Juvenile Justice Board:

This board acts as a separate court for juveniles comprising of a judicial magistrate of the first class and two social workers, one of whom at least should be a woman.

Child Welfare Committees:

Set up by the State governments in districts, these committees have the power to dispose of cases for the care, protection, treatment, development and rehabilitation of the children in need of care and protection, and provide for their basic needs and protection.

Conclusion
In conclusion, this paper has highlighted the importance of recognizing and upholding the rights of children in India that contribute to their overall well:being and development. In India, the injury:specific mortality rate is approximately 2.1 per 1000 live births, accounting for 4% of the total under:5 mortality rate. According to the SRS report (2010:2013), injuries were identified as a significant cause of child mortality. Child health and development are fundamental rights that require access to healthcare services, nutrition, and a safe environment.

The budget allocation for education has decreased from 10.4% to 9.5% of total expenditure in the last seven years, according to the Economic Survey 2022:23. Article 21A of the Indian Constitution mandates free and compulsory education for children aged six to fourteen, but the lack of a clear definition of education and the presence of discretionary powers may not guarantee quality education.

Prioritizing investments in child healthcare infrastructure and preventive measures is vital for ensuring their physical and mental well:being. Facilitating the adoption process for orphaned, abandoned, or surrendered children and promoting awareness about adoption can provide them with a loving and nurturing family environment. Protecting children from exploitation is a pressing concern. Under reporting of case related to trafficking stands out as major issue. Efforts should be directed towards combating child labor, trafficking, and abuse through strengthened laws, enforcement mechanisms, and awareness campaigns.

Lastly, access to justice is essential for protecting children's rights and ensuring accountability The amended Juvenile Justice Act (JJA) has prolonged incarceration of minors in prisons, which

can harm their rehabilitation. Treating 16:18 year:olds as adults contradicts the UN Convention on the Rights of the Child. The data used to justify the special bracket is questionable, often based on preliminary proceedings. Juvenile delinquency in India stems from poverty, lack of education, family issues, and peer pressure.. Establishing child:friendly legal systems and support systems can empower children to seek justice when their rights are violated.

Recommendations:
By the careful research for this paper, our team seek to have the following recommendations for the promotion of child rights in India:

• Proper functioning of Vigilance Committees (constitution of which is given under the Bonded labour Act) at the district and sub:divisional level, and in the area of identification and rehabilitation of freed bonded labourers.
• The Child Labour Act to define what constitutes "hazardous work" as it aims at prohibiting working of children at hazardous places.
• Awareness programs such as dial 1098 started by the government to register complaints against child labour.
• A need for a central law on Beggary which is presently regulated by the state laws.
• There is a need to significantly increase the financial allocation towards education. It is essential to regularly review and augment these allocations to adequately address the needs and demands of the education sector. It is crucial to perceive expenditure on education not merely as a cost but as an investment in the future.
• Private unaided schools should enroll students from poorer socioeconomic backgrounds.
• A government initiative similar to Ayushman Bharat could be introduced in the field of education as well. This scheme would facilitate the enrollment of children from economically disadvantaged backgrounds into private educational institutions, with the government covering the cost of their education.
• A clear definition of the expression "free education" should be inserted to make Right to education meaningful. The term "education" needs to be defined and qualified. It should be made the commitment of the GoI to provide quality education to all children, without any discrimination.
• Minimum standards for all aspects of quality of education, including infrastructure, curriculum, teachers training, education and other pedagogic dimensions must be prescribed in consultation with professional bodies.
• To bring uniformity in adoption laws in India which are presently regulated by the JJ Act and the Hindu (Adoption and Guardianship) Act causing inconsistency.
• Easing the process of adoption and reduction of the waiting period by pre:scanning of children as well as parents fit for the adoption process.
• In order to prevent intermingling of minors with hardened criminals, there is a need to provide for house detention of minors with ankle monitoring devices and, unless they pose a threat to the family members, or the parents are incapable of monitoring their activities.
• The Juvenile Justice (Care and Protection) Act should be strengthened to provide better protection for juveniles and to ensure that they are treated fairly and justly. This can include measures such as providing timely legal aid, counselling, and rehabilitation services to juvenile offenders.
• Early intervention and prevention strategies should be developed to identify at:risk children and provide them with the necessary support and services to prevent delinquent behaviour. This can include early childhood education in the slum areas, counselling and mentorship by Child Welfare Committees, establishing more children shelters and even improving the adoption process.
• Since poverty is found to be a significant root cause for delinquency, therefore, in the formidable years, the state must start providing vocational training and skill development courses in typing, plumbing and electricity work, basic IT work, and even certification courses, so that their skills are commensurate with the requirements of the job market.
• Despite the rehabilitation, the juveniles often have no remorse or guilt, and continue to commit similar crimes. Therefore, in order to make this rehabilitation process successful, it is necessary to provide continued therapeutic training for improving psychological behaviour by experienced psychologists and psychiatrists.
• Psychological assessment should be done to assess whether the minor can be treated as an adult or not. However, this can be subjective and not entirely scientific.
• In order to better understand the reasons for committing the crime, it is important to consider the background in which the child's upbringing took place, the environment he was exposed to, whether there were any instances of domestic violence or sexual abuse, the people he came in contact with, his peer groups, and substance consumption, amongst others.

By upholding few changes, India can create a society where children thrive, are protected, and have the opportunity to reach their full potential. It requires a holistic approach that encompasses health, adoption, protection against exploitation, and access to justice, alongside education, to secure a brighter future for all children in the country. Written By: Pragun Bagla, (Intern, NHRC)

References:

1. (2021) Government of India : Ministry of Health and Family Welfare. Available at: https://main.mohfw.gov.in/sites/default/files/NFHS:5_Phase:II_0.pdf (Accessed: 21 June 2023).
2. (2021) Annual Status of Education Report (Rural) 2021. Available at: https://img.asercentre.org/docs/aser2021finalreport_16.116.54pm1.pdf (Accessed: 21 June 2023).
3. Census 2011: Data & Resource (No date) Home | Government of India. Available at: https://censusindia.gov.in/census.website/ (Accessed: 21 June 2023).
4. https://nhrc.nic.in/sites/default/files/misc_MCRReport.pdf
5. The NHRC Action Research on Trafficking, published by Orient Longman in 2005
6. Census 2011: Data & Resource (No date) Home | Government of India. Available at: https://censusindia.gov.in/census.website/ (Accessed: 21 June 2023).
7. 7th All India Education Survey (2002).
8. Mohini Jain v. Union of India (1992) 3 SCC 666.
9. J.P. Unnikrishnan v. State of Andhra Pradesh 1993 SCC (1) 645.
10. India acceded to the convention on 11 December 1992.