Jonah Patel
The Constitution of India guarantees children several fundamental rights that ensure their safety, education, and development. The Indian Constitution, promulgated in 1950, encompasses most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy. These rights include freedom of children and their civil rights, family environment, essential healthcare, and welfare facilities, education, leisure and cultural activities, and special measures to protect them. The Constitution also awards children rights in accordance with the United Nations Conventions on the Rights of the Child.
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What You'll Learn
Right to free and compulsory elementary education for children aged 6-14
The Constitution of India accords rights to children as citizens of the country. The Constitution, promulgated in 1950, encompasses most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy.
The 86th Amendment to the Constitution made the Right to Education a fundamental right. Article 21A, inserted by this Amendment in December 2002, grants the Right to Free and Compulsory Education to all children aged six to fourteen years, in a manner as the State may, by law, determine. This Article accords education the status of a fundamental right to ensure quality in educational expansion at the elementary level.
The Right of Children to Free and Compulsory Education Act, or Right to Education Act (RTE) was enacted on 4 August 2009, implementing the right to free and compulsory education for children from 6 to 14 years in India under Article 21A of the Indian Constitution. The RTE Act, which came into effect on 1 April 2010, provides for the right of children to free and compulsory education until the completion of elementary education in a neighbourhood school.
The RTE Act specifies the duties and responsibilities of governments, local authorities, and parents in providing free and compulsory education, and the sharing of financial and other responsibilities between the central and state governments. It establishes School Management Committees (SMCs) in all schools to facilitate parental and community participation in education. The RTE Act also lays down norms and standards relating to pupil-teacher ratios (PTRs), buildings and infrastructure, school-working days, and teacher-working hours. It requires the deployment of enough trained and qualified teachers to ensure that the pupil-teacher ratio is maintained for each school.
The RTE Act is the first legislation in the world that puts the responsibility of ensuring enrolment, attendance, and completion of elementary education on the Government.
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Right to protection from hazardous employment until 14
The Constitution of India, promulgated in 1950, accords rights to children as citizens of the country. These rights are in accordance with the United Nations Conventions on the Rights of the Child, which defines child rights as the 'minimum entitlements and freedoms that should be afforded to every citizen below the age of 18'. The Constitution of India gives all citizens access to the same facilities, irrespective of background, and some fundamental rights that are exclusive to citizens of India.
The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005. The NCPCR awards children in India the following rights:
- Right to free and compulsory elementary education for all children aged 6-14 (Article 21 A)
- Right to be protected from any hazardous employment until the age of 14 (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 against exploitation and against moral and material abandonment (Article 39 (f))
- Right to early childhood care and education until the age of six (Article 45)
Articles 14-16, 19(1)(c), 23-24, 38, and 41-43A of the Constitution of India directly concern labour rights. Article 24 prohibits child labour under 14 years old in a factory, mine, or any other hazardous employment.
Despite these rights being enshrined in the Constitution of India, in practice, the laws are not always properly enforced.
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Right to protection from abuse and economic necessity
The Indian Constitution recognises children as equal to their adult counterparts and worthy of the nation's protection and shelter. The Constitution accords rights to children as citizens of the country, and the State has enacted special laws to protect them.
Article 39(e) of the Constitution of India grants children the "Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength". This right is in accordance with the United Nations Conventions on the Rights of the Child, which defines child rights as the "minimum entitlements and freedoms that should be afforded to every citizen below the age of 18 regardless of race, national origin, colour, gender, language, religion, opinions, origin, wealth, birth status, disability, or other characteristics".
The Indian Constitution also includes the following provisions to protect children from exploitation or discrimination:
- Article 24 prohibits the employment of children in factories, mines, or any other hazardous employment.
- Article 39 outlines certain principles of policy to be followed by the State, including the right of citizens to an adequate means of livelihood and the equal distribution of material resources for the common good.
- Article 46 grants the right of weaker sections of the people to be protected from social injustice and all forms of exploitation.
In addition to the Constitution, India has a wide range of laws to protect children, including:
- 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, amended in 2019)
- The Child Labour (Prohibition and Regulation) Act (1986, amended in 2016)
Despite these laws and policies, violence, abuse, and exploitation of children remain widespread in India, affecting millions of children from all socio-economic groups. UNICEF is working with the Government of India, state governments, and civil society organizations to strengthen child protection systems and ensure that children are safe and free from abuse and exploitation.
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Right to equality and freedom of speech
The Indian Constitution, promulgated in 1950, accords rights to children as citizens of the country, encompassing most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy. The Constitution offers all citizens, individually and collectively, some basic freedoms guaranteed in the form of six broad categories of Fundamental Rights, which are justifiable.
The Right to Equality, as per Article 15 of the Constitution, prohibits discrimination based on religion, race, caste, sex, or place of birth. It also states that the State shall not be prevented from making any special provisions for women and children. The Right to Equality also includes equality before the law and equality of opportunity in matters of employment.
The Right to Freedom of Speech and Expression is a crucial right recognised by Article 19(1)(a) of the Constitution. It states that all citizens of India, including children, have the right to freedom of speech and expression. This right is not absolute and is subject to certain restrictions under Article 19(2), such as the security of the State, friendly relations with foreign States, public order, decency, and morality. The freedom of the press is also included under the Right to Freedom of Speech and Expression, which means the right to print and publish without interference from the State or any other public authority.
The Indian judiciary has played a significant role in promoting children's rights, with landmark judgments leading to Constitutional Amendments, such as the 86th Amendment that made the Right to Education a fundamental right. The Supreme Court of India has also upheld the freedom of the press and invalidated laws and administrative actions that abridge this freedom.
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Right to healthcare and other basic needs
The Indian Constitution accords rights to children as citizens of the country, encompassing most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy. The Constitution, promulgated in 1950, includes several provisions to protect children from possible and further exploitation or discrimination.
The 86th Amendment to the Constitution made the Right to Education a fundamental right. This includes the right to free and compulsory elementary education for all children aged 6 to 14 years, as per Article 21 A. Children also have the right to be protected from any hazardous employment until the age of 14 years, as outlined in Article 24. This right is further reinforced by Article 39(e), which protects children from being forced by economic necessity to enter occupations unsuited to their age or strength.
Article 39 (f) guarantees children the right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity. It ensures protection against exploitation and moral and material abandonment. Additionally, Article 45 provides for the right to early childhood care and education for all children until they complete the age of six years.
Despite these constitutional guarantees, children in India continue to face challenges in accessing their basic rights, particularly in rural areas, where they may have limited access to healthcare, education, and protection. To address this, India established the National Commission for the Protection of Child Rights (NCPCR) in 2007, under the Commission for Protection of Child Rights Act, 2005. This commission aims to ensure that all laws, policies, and programmes are aligned with the perspectives enshrined in the Constitution of India and the UN Convention on the Rights of the Child, which India adopted in 1989.
Furthermore, the Indian judiciary has delivered landmark judgments promoting children's rights. The high courts and states have also taken measures such as appointing special prosecutors, establishing special police units, and setting up children's courts in various districts. These efforts reflect a commitment to safeguarding children's rights and ensuring their access to healthcare, education, and other fundamental needs.
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Frequently asked questions
The Indian Constitution does not explicitly define a child, but it does guarantee children several fundamental rights and protections.
The Indian Constitution guarantees children the Right to Education, the Right to Equality, and the Right to Participation. Children also have the right to protection from hazardous employment and abuse until the age of 14.
Children's rights in India are enforced through various laws and policies, including the Juvenile Justice Act, 2015, the Protection of Children from Sexual Offences Act, 2012, and the National Policy for Children, 2013. The National Commission for Protection of Child Rights (NCPCR) is responsible for monitoring the implementation of these laws and policies.
Despite constitutional guarantees and legal provisions, Indian children continue to face challenges and deficiencies in the fulfilment of their rights. This is partly due to the large and diverse population, with 46% of India's 1.12 billion people being children.
