LEGAL AND CONSTITUTIONAL PROVISIONS FOR CHILDREN IN INDIA

  The law is something which is produced for regulates the society, yes today in India there are some sectors which needs development. Children are part of society who is suffering from so many issues for which government is working on. Those issues are Malnutrition, Child Abuse, Sexual Exploitation, Employment in earlier age, Illiteracy, Marriage below 14 age, etc.

 Children are vulnerable to numerous social and economic dangerous and difficult conditions, which are unfortunately increasing with passing of time. The nation is progressing through a juncture, which demands more focused attention towards the challenges faced by the children. The Government is taking various remedial actions including legislative measures and administrative initiatives. In this context, Statistics on various aspects of childhood, analysed and presented at one place, will be of great use for policy and programme makers, administrators and social activists. Following are the laws which are made by legislatures and government implemented them for sake of children.

• Article 45 of Constitution of India states - ‘the State shall endeavor to provide free and compulsory education for all children till they complete the age of fourteen years …’.

         Different Acts under Labor Laws declare different age criteria:

•  The Apprentices Act (1961) ‘A person is qualified to be engaged as an apprentice only if he is not less than fourteen years of age ….’.
•  The Factories Act (1948) ‘a child below 14 years of age is not allowed to work in any factory. An adolescent between 15 and 18 years can be employed in a factory only if he obtains a certificate of fitness from an authorized medical doctor….’.
• The Child Labor Prohibition and Regulation Act (1986) ‘Child means a person who has not completed his fourteenth year of age.’
• Prohibition of Child Marriage Act (2006) declares ‘Child means a person who, if a· male, has not completed twenty-one years of age and, if a female, has not completed eighteen years of age’.
• The Juvenile Justice (Care and Protection of Children ) Act 2000, amended in 2006,2010 declares ‘”juvenile” or “child” means a person who has not completed eighteenth year of age.’
• Indian Penal Code in its Criminal law states ‘Nothing is an offence which is done by a child under age of 7 years. The age of criminal responsibility is raised to 12 years if the child is found to have not attained the ability to understand the nature and consequences of his/her act.

These laws guaranteeing rights and enlightenment to children. Still lot of improvement in india regarding children is needed. There is an Article 45 of Indian constitution which states that primary education is free and compulsory for children till age of 14 but in rural areas the schools are far from the village. In many villages there are schools but not a proper teaching staff available for children; one teacher teaches too many classes at the same time. There are no sitting arrangement no benches in classes. Recently one of political party donated Tabs for students, if  basic equipments are not available for students then how tabs are going help them? We need to provide children their basic needs then we can see the dream of children  who knows their rights and they can fight for their rights.      

By - Ankita Bhanudas Kamble {MACJ}