PARDEEP KUMAR SHARMA[1]

ABSTRACT

The Indian Constitution reflects a commitment to ensuring the welfare and development of children by enshrining a comprehensive framework for the protection and advancement of children's rights. The following chapter examines the judicial rulings, legislative actions, and constitutional clauses that serve as the cornerstone of India's child protection system. Important constitutional provisions that give the state the authority to create laws specifically for children, ensure free and compulsory education, and forbid child labour, respectively, clearly prioritise the rights of children. These include Article 15(3), Article 21A, and Article 24. Furthermore, the Directive Principles of State Policy, including Articles 39(e) and 39(f), exhort the government to make sure that children are not abused and that their developmental possibilities and facilities are protected. Acts such as the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Right of Children to Free and Compulsory Education (RTE) Act, 2009, strengthen the legal framework in India. These laws constitute a strong foundation for dealing with several areas of child protection, such as protecting children from exploitation and abuse and guaranteeing their right to an education. Judicial pronouncements have also played a pivotal role in interpreting and reinforcing these constitutional mandates and legislative provisions. The judiciary has been proactive in expanding the scope of children's rights through landmark judgments, thus enhancing the legal safeguards available to children. This chapter emphasises how the Indian Constitution protects children's rights in a variety of ways and how the legislative and judiciary work together to create a legal environment that is safe for children in India. Even with these strong safeguards, it is still difficult to put them into practice, thus more work is needed to make sure that every Indian kid may benefit from the constitutional guarantees.

Keywords: Child Rights, Constitution of India, Education , Poverty, exploitation,, Legal Safeguards, Judicial Pronouncement, Legislative actions.

INTRODUCTION

Since children are among the most vulnerable members of society, strong social and legal structures are essential to guarantee their growth and safety. In light of this, the Indian Constitution incorporates a wide range of regulations intended to protect children's rights. This chapter explores the Indian constitutional framework's approach to providing constitutional safeguards for children, looking at the several articles, laws, and court rulings that serve as the cornerstone of the country's child protection system.

The Indian Constitution's framers were well aware of the necessity to give children's rights particular consideration. Consequently, the Constitution incorporates certain provisions allowing the state to take proactive measures for the welfare of children. These clauses aim to cover a broad range of topics, including health and education as well as safeguarding against exploitation and abuse.

Important constitutional provisions like Article 15(3) permit the state to provide particular provisions for children, while Article 21A ensures that children aged six to fourteen get free and obligatory schooling. In keeping with the goal of ending child labour, Article 24 forbids the hiring of minors in dangerous jobs. Furthermore, the state's obligation is emphasised by the Directive Principles of State Policy, specifically Articles 39(e) and 39(f).

In addition to the constitutional framework, there are other laws in India that safeguard the rights of children. Some of the important laws that carry out the constitutional mandate for child protection are the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

These legislative and constitutional requirements have also been interpreted and enforced in large part by the court. Indian courts have widened the definition of children's rights via historic rulings, guaranteeing that the commitments made in the constitution are respected and properly carried out.

This chapter explores the interplay between the constitutional provisions, legislative measures, and judicial interpretations that collectively constitute the legal safeguards for children in India. It aims to provide a comprehensive understanding of the Indian constitutional approach to child protection, highlighting both the strengths and the challenges in realizing the constitutional vision of a safe and nurturing environment for every child.

CHILD: DEFINITION AND INTERPRETATION

According to the "Convention on the Rights of the Child," a child can be interpreted as a person who is younger than 18 years old [2], until the maturity age is crossed before time under the child's relevant law. Corresponding to this, the International Labor Organization[3] mandates that the age requirement for perilous labor be 18 years old, and that it may only be lowered to 16 years old under very specific circumstances. The ILO states that the fundamental employment age shall not be lower than the age at which students have completed their compulsory education. The definitions provided by international organizations and laws in developing nations have exceptions. In India, the interpretation of a child varies depending on the law.

Definition of Child in the Indian Legislations

The Union Government has passed a number of laws to look into the safety and other heedfulness for the comprehensive development of children. An overview of the laws is given below:

1.     The Factories Act, 1948[4] A "child" is defined as a person under the age of” 15 in Section 2 of the Factories Act (Malik, 2009), while a "young person" is understood as a person who is either a child or an adolescent.

2.     The Child Labor (Prohibition and Regulation) act, 1986[5]” The intention of this Act is to forbid and control child labor. In accordance with this Act, a "child" under this act is interpreted to be a human body who has not attained the age of 14. As required by the 2013 "National Policy for Children," it does not regard the child as a person under the age of 18.”

        The children (Pledging of Labour) Act, 1933[6], Child labor undertaking are prohibited by this law (Malik, 2009). According to this Act, a guardian is somebody who has custody of a minor legally. A child can be “any person who has not attained the age of fifteen years.

3.     The Commissions for Protection of Child Rights Act, 2005 & 2006[7] Child rights refer to those recognized in the Convention on the Rights of the Child and approved by the Government of India in these Acts. A child in this context is someone who is 0 to 18 years old.

Constitution Provisions For The Child

The Indian Constitution, which serves as the country's ultimate legislation, is a fairly detailed constitution that includes measures for the welfare of all societal groups, including children. The following sections of the Constitution contain the main provisions for children's welfare[8].

1. Fundamental Rights: Fundamental Rights represent the basic values cherished by the people of this country and are aimed at protect the dignity of the individual and creating conditions in which every human being can develop his personality to the fullest extent.

a)     Article 14[9] provides, -the State shall not deny to any person equality before the law or equal protection of laws within the territory of India. Thus, nobody including the children should be denied any equality of status and opportunity as all are equal before the eye of law.

b)    Article 15(1)[10] speaks that, -State shall not discriminate against any citizen on ground only of religion, race, sex, place of birth or any of them.

c)     Article 15(3)[11] enables - the State to make special provisions for women and children which indicates that it seeks to protect the interest of women and children and nothing else. Part of Fundamental Rights; providing discretion to the government to make special laws/policies and schemes for women and children.

d)    Article 19(1)(a)[12], all citizens shall have the right to freedom of speech and expression and it is also applicable to children too. The most important Article i.e. =Right to life.

e)     Article 21[13], as interpreted by the Supreme Court, says that -right to life means something more than just physical survival, not merely the right to the continuance of a person‘s animal existence[14]. It would include the right to live with human dignity[15]. It would also include the right of a person not to be subjected to bonded labour[16], or any other unfair Conditions of labour[17]. So, the State is under obligation to see that there should not be any violation of fundamental rights of any person-adult or child.

f)     Article 21A[18] says that education from 6 to 14 years of age a fundamental right within the meaning of Part III of Constitution. This Article deals with -the State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may by law determine. Article 21 A may be read with new substituted Article 45 and new clause (k) inserted in Article 51 A by 86th Amendment in the constitution[19]. Part of Fundamental Rights; added to the Constitution in 2002. The Right of Children to Free and Compulsory Education Act, 2009 was enacted in pursuance of Article 21 A of the Constitution.

g)    Article 23[20] and Article 24[21] has much importance which aims at recognition of restoration of the dignity of a person and crystallizes the philosophy of child welfare. Part of Fundamental Rights; only two Articles in the Constitution in 1950, listed as 'offences' and which, provided for 'punishment' were - trafficking and untouchability. Particularly, Article 24 provides the most relevant provisions which are directly connected with Child labour. It prohibits the employment of children below the age of fourteen years, in any factory, mine or any other hazardous employment which involves danger or risk to the physical or mental health of children. Part of Fundamental Rights; protecting children from performing hazardous labour.

2. Directive Principles of the State Policy : Although not legally binding, the Directive Principles of the State Policy serve as very useful recommendations for the Central and State governments when enacting pertinent laws.

a) Article 39(e)[22] directs the State to adopt protective measures so that the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

b) Article 39(f)[23] urges upon the State to see that -children are given opportunities and proper facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth, are protected against exploitation and against moral and material abandonment.

c) Article 41[24] requires that, -the state shall within the limits of its economic capacity and development, make effective provision for securing the right to education.

d) Article 42[25] indirectly aims at the healthy and favourable atmosphere for securing just and humane condition of work as Article 24 does not prohibit their employment totally.

e) Article 43[26] seeks that the State shall endeavour to secure by suitable legislations etc. to all workers (which also includes the Child labourers), not only to work, but living wages, conditions of work ensuring a decent standard life and full enjoyment at leisure and social as well as cultural opportunities.

f) Article 45[27] the State is obliged to provide compulsory early childhood care and education to the children. The main aim of this Article is to provide compulsory education along with eradication of illiteracy.

g) Article 46[28] directs the state to promote with special care the educational and economic interest of the weaker sections of the people, and in particular, of the scheduled castes and scheduled tribes and to protect them from social injustice and all forms of exploitation. So this provision, therefore automatically applicable to the children of such class.

3. Fundamental Duties: According to Article 51 of the Constitution, the government must adhere to international treaties and laws that it has approved while establishing national legislation and regulations[29]. Article 51A(k)[30] imposes a fundamental duty on parent or guardian, -to provide opportunities for education to his child or. as the case may be, ward, between the age of 6 to 14 years.

Other statute and Laws :

In order to safeguard children's interests before and after independence, the Indian government passed some laws. The Reformatory Schools Act of 1897, the Child Marriage Restraint Act of 1929, and the Children (Pledging of Labor) Act of 1933 are prominent examples. "Reformatory Schools Act, 1897

•       Child Marriage Restraint Act,1929

•       Children (Pledging of Labour) Act,1933

•       Young Persons (Harmful Publications) Act,1956

•       Children Act,1960

•       National Policy for Children in 1974

•       Child Labour (Prohibition & Regulation) Act,1986

•       Infant Milk Substitutes Act,1992

•       Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of Production, Supply & Distribution) Act, 1992

•       National Nutrition Policy 1993

•       Juvenile Justice (Care & Protection of Children) Act,2000

•       National Policy for the Empowerment of Women 2001

•       Infant Milk Substitutes Act, 2003

•       Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of Production, Supply & Distribution) Amendment Act, 2003

•       Commissions for the Protection of Child Rights Act, 2005

•       Juvenile Justice (Care & Protection of Children) Amendment Act,2006

•       Prohibition of Child Marriage Act, 2006

•       Protection of Children from Sexual Offences Act, 2012

•       National Policy for Children 2013

•       National Early Childhood Care and Education Policy 2013

These regulations were created to safeguard and empower women in addition to boosting the child-to-parent ratio, provide protection for children, preventing and reducing undernutrition in mothers and children, and controlling anaemia. Child welfare has taken a backseat as child development has gained prominence. This strategy placed a high priority on providing children from socioeconomically disadvantaged households with high-quality services in the areas of education, health, nutrition, and recreation. The Indian government has initiated several programmes aimed at protecting children's rights and promoting their growth. The Ministry for Women's and Children's Advancement is now operating at full capacity[31].

Judicial Response In Safeguarding Constitutional Rights

The judiciary in India has been a pivotal force in safeguarding constitutional rights, ensuring that the ideals enshrined in the Constitution are not merely theoretical but actively upheld and enforced. Through its proactive and dynamic role, the judiciary has expanded the interpretation of fundamental rights, making them more accessible and meaningful to the common citizen.

Landmark judgments have underscored the judiciary's commitment to protecting individual rights against state excesses and private injustices. The Supreme Court and High Courts have utilized tools like Public Interest Litigation (PIL) to allow broader access to justice, enabling even the marginalized and disadvantaged to seek redressal for their grievances. This has been instrumental in addressing systemic issues and ensuring accountability.

Moreover, the judiciary has not shied away from taking progressive stances on contemporary issues, often stepping in to fill the gaps left by legislative and executive inertia. Through doctrines like the Basic Structure Doctrine, the judiciary has safeguarded the core values of the Constitution against any potential erosion by constitutional amendments.

However, the judiciary's role is not without challenges. Issues such as judicial overreach, backlog of cases, and the need for greater transparency and accountability within the judicial system itself have been points of concern. Addressing these challenges is essential to maintaining the credibility and effectiveness of the judiciary in its role as the guardian of constitutional rights.

Moving forward, it is crucial for the judiciary to continue balancing its role with respect for the principles of separation of powers and federalism. Ensuring timely justice, enhancing judicial infrastructure, and adopting technological advancements can further strengthen the judiciary's capacity to protect constitutional rights.

In essence, the judicial response in safeguarding constitutional rights in India has been robust and transformative. By continuously evolving and adapting to new challenges, the judiciary has ensured that the Constitution remains a living document, capable of protecting the rights and liberties of all citizens. The path ahead requires sustained efforts to address existing challenges and reinforce the judiciary’s role in upholding the democratic fabric of the nation.

Judicial response on Child Labour Welfare

Child labour is a social evil which continues to haunt the society inspite of the best efforts of the government. It affects the children directly and society at large indirectly. Indian Judiciary has been very attendant to give effect to the prohibition of child labour and child protection from exploitation. Judicial response to the welfare of child labours may be discussed though some landmark judgments.

There is another judgment given by the Apex Court of India in the case of M.C. Mehta v. State of Tamil Nadu[32], Sivakashi in Kamraj District of Tamil Nadu State was a notorious place for violation of child labour laws. As situation had become intolerable, a public spirited lawyer, Shri M. C. Mehta filed a petition under Article 32 of the Constitution through a PIL regarding the problem of children employed in Match factories of Sivakasi. There were 221 registered match factories employing 27,338 workmen of whom 2941 were children. The court held that the manufacturing process of matches and fireworks was hazardous giving rise to accidents including fatal cases. Therefore, keeping in view the provisions of Articles 39(f) and 45 of the Constitution, the court gave certain directions as to how the quality of life of children employed in factories could be improved. The Court also felt the need of constituting a committee to oversee the directions given. Because of such widely directions given in this judgment to eradicate the problem of child labour, the case is also known as Child Labour Abolition case. While delivering judgment, the court said that the task is big but not as to prove either unwieldy or burdensome. The financial implication would be such as to prove damper because the money after all would be used to build up a better India.

Labourers Working on Salal Hydro-Project v. State of J&K[33], is another landmark judgment on the problem of child labour in India. Accepting poverty as the main cause of this problem, the Supreme Court said that the parents often wanted their children to be employed in order to be able to make two ends meet. The Court said that the possibility of augmenting their meager earnings through employment of children was very often the reason why parents did not send their children to schools and there are large drop-outs from the schools.

In this case a large number of migrant workmen including minors from different States were working on the Salal Hydro-Electric Project in difficult conditions and they were denied the benefits of various laws and were subjected to exploitation by the contractors. The Court held that construction work was a hazardous employment and no child below the age of 14 years can, therefore, be allowed to be employed in construction work by reason of the prohibition enacted in Art. 24 and this constitutional prohibition must have been enforced by the Central Government. The Court took notice that as long as there is poverty and destitution in our country, it will be virtually difficult to eradicate child labour. But if we want to ensure that children should also enjoy human rights, then an attempt has to be made to reduce, if not eliminate the incidence of child labour, particularly from the hazardous concerns. Otherwise, the constitution will have no meaning to these children.

In Bachpan Bachao Andolan v. Union of India and Others[34], PIL was filed under Article 32 of the Constitution of India in the wake of serious violation of human rights and abuse of children who were forcefully detained in circuses under extreme inhuman conditions. There were instances of sexual abuse on a daily basis, physical abuse as well as emotional abuse. The children were deprived of basic human needs of food and water.

 The apex court of India was of the opinion that the children working in circus are entitled to special protection under Articles 14, 15, 16, 17, 21, 23 and 24 of the Constitution.

Judiciary on Sexual Exploitation and Harassment of Children

All children due to their age are considered to be at risk for exploitation, abuse, violence and neglect. But vulnerability cannot be defined simply by age. Though age is one component, vulnerability is also measured by the child’s capability for self-protection. The question that arises is whether children are capable of protecting themselves. Can children fulfill their basic needs; can they recognize danger and defend against such dangerous situation? These questions call for, redefinition of the concept of self-protection. A child’s vulnerability comes from various factors that hinder a child’s ability to function and grow normally[35].

There are various provisions made under different enactments to protect children from sexual exploitation, however, no law in India is adequate to combat this evil. While disposing of a Public Interest Litigation (PIL), the court emphasized the need for effective legislation to curb the sexual harassment of working women and girls. In Vishaka v. State of Rajasthan[36], the division bench of the Supreme Court laid down a number of guidelines to remedy the legislative vacuum. The court defined “sexual harassment” as including any unwelcome sexually determined behavior, whether directly or by implication, like physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography and any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

In an another important case SAKSHI v. Union of India[37] and others, a writ was filed by SAKSHI, an NGO working for women, to issue a writ declaring that the term “sexual intercourse” contained in S. 375, IPC includes all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vaginal and finger/anal penetration and object/vaginal penetration and to issue a direction that all such cases should be registered under SS. 375, 376 and 376 A, 376 D (IPC). It was also contended by the petitioner that limited understanding of “rape" to abuse by penile/vaginal penetration only was contrary to existing laws on sexual abuse as it denied majority of women and children access to adequate redress in violation of Art. 14 and 21. Considering it appropriate, the Supreme Court observed that the 156th report of the Law Commission was not dealing with the precise illness as sexual abuse of children and therefore, Law Commission was requested to examine the feasibility of making recommendation for amendment of IPC or deal with the same in any manner.

In another important case Delhi Domestic Working Women’s Forum v. Union of India and Others[38], a writ was filed by Women’s Forum after an incident wherein women domestic servants were subject to indecent physical assault by army personnel in train. The Supreme Court of India held that trial in such cases should not be frustrated due to prolonged investigation. The court directed to the Union of India to take necessary steps as regards framing scheme for compensation and rehabilitation to ensure justice to victims of such crimes of violence.

In Childline India Foundation and Another v. Allan John Waters and Others[39], laying emphasis on the importance of children the Supreme Court righty said, “…children are the greatest gift to humanity. The sexual abuse of children is one of the most heinous crimes. It is an appalling violation of their trust, an ugly breach of our commitment to protect the innocent. There are special safeguards in the Constitution that apply specifically to children. The Constitution has envisaged a happy and healthy childhood for children which is free from abuse and exploitation…”

In Re. Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India[40], the Supreme Court has said that inspite of the emphatic directions that have been issued by it on 3rd January, 2013 directing all the States and the Union Territories to implement the protective provisions contained in the Protection of Rights of Children from Sexual Offences Act, 2012, the Right of Children to Free and Compulsory Education Act, 2009 and the Commission for Protection of Child Rights Act, 2005, many States and Union Territories have not complied with the same.

Taking suo-motu cognizance in the case, the court said that it is the bounden duty of the States under Articles 21, 21A, 23, 24, 45 and 51A (k) to create and maintain a protective and healthy environment in which children who are the future of this country can bloom and subsequently become mature and responsible citizen of this country.

Judiciary on Education of Children

Education is an essential right, which permits each person to receive instruction and to blossom socially. The right to an education is vital for the economic, social, and cultural development of all societies. Education permits one to acquire basic knowledge. In India, right to get basic education is a fundamental right of every child up to the age of fourteen years. Education develops insights to every children of the country. Education permits, notably, the transmission of common principles to new generations, and the conservation and perpetration of social values. It also contributes to the flourishing of individuality through the enhancement of social and professional integration.

It is submitted that judiciary in India has discharged duties for attainment of social justice and has been very attendant to give effect the protection of children and prohibition of child exploitation. In the cases of Maharashtra State Board of Secondary and Higher Education v. K. S. Gandhi[41] and Unni Krishnan v. State of Andhra Pradesh[42], Constitutional Bench of the Supreme Court has held education upto the age of 14 years to be a fundamental right, right to health has been held to be a fundamental right, potable water has been held to be a fundamental right, meaningful right to life has been held to be a fundamental right, the child is equally entitled to all these fundamental rights. It would, therefore, be incumbent upon the state to provide facilities and opportunities as enjoined under Articles 39(e) and (f) of the Constitution and to prevent exploitation of their childhood due to indigence and vagary.

Recently, In City Montessori School v. State of U. P. and Others[43], a Writ Petition was filed by an educational institution challenging an order passed by District Basic Education Officer, Lucknow directing the petitioner to admit 31 students in Class 1 and Nursery as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Government Orders issued in this regard. Certain other reliefs have also been sought regarding the embargo on enhancement of fee, the amount of reimbursement of fee, drawing of a policy of neighbourhood based on a reasonable criteria etc.

The contention of the petitioner was that the right to free and compulsory education available to the child under Section 12 (1) (c) read with Section 6 is restricted to neighbourhood schools. The area or limits of neighbourhood for the purposes of admissions to Classes I to V as per Rule 7(3) read with Rule 4 (1) of the Rules, 2011 means a school within one kilometer of the neighbourhood or vice versa.

In pursuance to the order of the Court, the Basic Education Officer, Lucknow measured the distance of the residence of the 31 students from the petitioner school. According to him, 18 students were residing beyond one kilometer from the school, whereas 13 were residing within one kilometer. The Court, therefore, accordingly ordered as an interim measure that the petitioner-school shall admit these 13 students in the respective classes for the academic session 2015-16 adhering to the provisions of the Act, 2009 and the Rules 2011 without prejudice to its rights in this writ petition, within one week from the date a certified copy of this order becomes available to it. As regard the remaining students, the Basic Education Officer, Lucknow was directed to ensure their admission in any other neighbourhood school within 15 days. At last, it may be concluded that in India, judiciary had made a lot of efforts and many times directed to the Government to make such policies by which exploitation of children must stop. The above discussed cases are few of the landmark judgments of the Supreme Court and High Courts through which we may observe the judicial trend towards the problem of child abuse in India and towards the betterment and protection of the rights of children. It is to be noted that the majority of the provisions for child welfare in various Acts and legislations are operational on papers only and the ground reality is far from satisfactory. In such a situation and scenario, it shows the rays of hope that our Judiciary has been playing a vital role to protect our new generation.

In Bachpan Bachao Andolan v. Union of India[44], This cases was instituted by way of a writ petition by the NGO, Bachpan Bachao Andolan in order to draw attention to the increasing use of drugs and alcohol amongst children in India. The Supreme Court was prayed to issue orders to the Government to formulate and implement a national action plan to address this concern, incorporate important information in this regard in school curriculums, establish de-addiction centres, etc.

Through the course of the hearings the Supreme Court observed that although various arms of the governments had taken initiative to deal with substance abuse and addiction amongst children, there was a lack of a comprehensive national plan. The Supreme Court in its final order directed the Union government to:

a. Complete a national survey to determine the extent and patterns of abuse.

b. Generate a national level database with reliable information on factors such high-risk populations, vulnerable states, etc.

c. Formulate and adopt a comprehensive national plan within a span of four months.

d. Adopt specific content in school curriculums under New Education Policy (NEP).

In Kamlesh Vaswani v. Union of India[45], In 2013, an Indore based advocate petitioned the Supreme Court urging for various sections of the IT Act to be held unconstitutional in the context of the harmful effects of pornography on the health, wellness and human potential of the people[46]. The petition highlighted the injurious effects that free and easy access to pornography has on children. It stated that the IT Act and the relevant sections 67, 67A and 67B which criminalise the publication and transmission of obscene content, sexually explicit content and child pornography respectively, were ineffective in tackling virtual pornography and poser pornography. The petition further stressed that the punishments meted out in the Act were insufficient given the serious nature of the offences. With particular reference to the cancerous spread of child pornography and the extensive number of child abuse clips available freely online[47], the parties sought that various orders be passed with directions to the MeitY and the Ministry of Women and Child Development.

The Supreme Court, during the course of hearing this petition has passed several orders imposing obligations on various stakeholders. The Supreme Court stressed that “innocent children cannot be made prey to these kind of painful situations, and a nation, by no means, can afford to carry any kind of experiment with its children in the name of liberty and freedom of expression.”

The Juvenile Justice (Care and Protection of Children) Act, 2015

The Supreme Court’s directed in Sampurna Behura v. Union of India [48], “It is important for the police to appreciate their role as the first responder on issues pertaining to offences allegedly committed by children as well as offences committed against children. There is therefore a need to set up meaningful Special Juvenile Police Units and appoint Child Welfare Police Officers in terms of the JJ Act at the earliest and not only on paper. In this context, it is necessary to clearly identify the duties and responsibilities of such Units and Officers and wherever necessary, guidance from the available expertise, either the National Police Academy or the Bureau of Police Research and Development or NGOs must be taken for the benefit of children.”

CONCLUSION

In conclusion, the Indian Constitution acknowledges children as a vulnerable population in need of special care and attention, and it offers a strong framework for their protection and welfare. By means of many constitutional provisions, legislative actions, and judicial interpretations, India has built a comprehensive legal framework with the objective of protecting the rights of children.

Articles 21, 21A, 24, and 39 of the Indian Constitution, in particular, guarantee children's fundamental rights to life, education, safety from dangerous jobs, and growth chances. These fundamental rights are further solidified by legislative measures including the Juvenile Justice (Care and Protection of Children) Act, the Protection of Children from Sexual Offences (POCSO) Act, and the Right of Children to Free and Compulsory Education (RTE) Act.

The judiciary has been instrumental in interpreting and widening the ambit of children's rights, guaranteeing the efficient execution of constitutional obligations. Not only have landmark rulings reaffirmed the significance of protecting children's rights, but they have also offered useful directives for enforcing them.

Even with the extensive legal framework, there are still issues with resource allocation, awareness, and successful implementation. To guarantee that the laws result in concrete advantages for children, a coordinated endeavour involving all relevant parties—the government, civic society, and the community at large—is vital.

It is essential to address these issues going ahead and fortify the monitoring and enforcement systems. For every kid in India to have a safe, educated, and empowered childhood as envisioned in the constitution, there must be greater cooperation, greater awareness, and committed resources. By doing this, India can make sure that its legislative protections for children are put into effect, ensuring that every child may flourish and make a positive contribution to the growth of the country.