UNITED NATIONS CONVENTION ON THE

RIGHTS OF THE CHILD

1. Introduction
Children have no political power as they do not have voting rights. Their opinion carries little
weight with the government. They are therefore, dependent on their parents. If the families
fail or are unable to fulfil the basic requirements of their children, the governments and the
international civil society ought to take the responsibility for the growth of these vulnerable
children.
The demand that children should be given specific attention through international cooperation
particularly emerged in the post war construction period. During this period, the international
approach to children changed remarkably. It created an idea that children have same rights as
the adults civil, political, social, cultural and economic that is now discussed at both national
and internationallevel.1 This faith was specifically expressed in the Convention on the Rights
of the Child (CRC) in 1998. This Convention is considered as the most significant milestone
in the quest of children's rights and has been ratified by most of the countries.
From the first international Child Labour Convention in 1919, the worlds concern over child
labour has gradually evolved as a process and expanded as a movement thereafter. The
Geneva Declaration on September 26, 1924 is the first attempt to highlight the concern
related to child labour. The international conventions of the International Labour
Organisation (ILO) have also played an important role in dealing with the problem of
children. One of the major concerns of these conventions is the protection of the child against
exploitation in employment. In brief, the chief objectives of these conventions were to lay
down norms and standards for the well being of the working children. Various other
international conventions, declarations and statements exist which too have a vital role to
play in the protection of the rights of the child.
The practice of child labour is very much prevalent in India. India had not only ratified the
UN Convention on the Rights of the Child but is also a member of ILO. Both these
international agencies as well as the Indian Government have made efforts to focus on this
grievous problem.
2. Historical Development of Child Rights at the International Level
1 UNICEF, The State of the World's Children 2007, (Oxford, New York: 2007), p. 9.
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UN Convention on the Rights of the Child

Till the CRC, the rights of children have not been treated very specifically, though scattered
efforts were made from time to time about the rights since the Geneva Declaration, 1924. For
a very long period, children were included in the general category of human beings when one
dealt with human rights. In 1959 for the first time, UN had adopted a Declaration though not
legally binding, but it was entirely for children. It was later on revitalised in 1989 in the form
of Convention on the Rights of Child (CRC).
CRC is considered as a big step towards recognising the child as a holder of human rights.
This Convention also ensures rights for those children who are exploited under different
circumstances like, economic, sexual discrimination, etc. for instance, the CRC not only
gives rights to child labourers (Article 32, right against economic exploitation), but also
recommended education to all. This chapter we will analyse the Rights of the Child ensured
by different internal agencies along with a brief look on the historical development of the
childrens rights in the international community.
In 1924 the Geneva Declaration was the first concrete effort of the international community
that recognised human rights of a person. It was based on the relieforiented approach. It also
touched rights of the children and recognised the concept that a child in difficulty should be
provided help. It conferred obligations upon men and women of all nations, while
recognising the rights of the children. It recognises the following rights in terms of child
labourers:2
i.

Right to Survival and Development: the child must be given the means needed for its
normal development, both materially and spiritually; The child must be brought up in

ii.

the consciousness that its best qualities are to be used in the service of its fellowmen.
Right to get Protection: the child who is hungry should be fed; the erring child should

iii.

be reclaimed; and the orphan and homeless child should be sheltered and succoured.
Right against Exploitation: the child must be protected against any form of
exploitation.

3. United Nations and Convention on the Rights of the Child (CRC)3

The UN is the pioneer agency in securing human rights of the all human beings at the
international level. In reference to children it also secures their right by considering it their
fundamental rights and works as a need for them through passing Resolutions, Declarations,
2 Ian Brownlie, Basic Documents on Human Rights, (Clarendon, New York: 1971), pp. 10-11.
3 UN, Convention on the Right of the Child, (New York: 1991).
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UN Convention on the Rights of the Child

Covenants and Conventions. The concept of the defence of childrens rights based on equally
consistent and recognisable body of law, got impetus when Poland launched its proposal for a
separate convention on the rights of child. This initiative thus provided an opportunity to
define clearly human rights standards for children and to fulfil many gaps, which are
identified in the present provisions within a single, binding provision. The Convention was
far reaching than all previous declarations and conventions concerning childrens rights.
It is the first international legal instrument, which lays down guarantees for the entire
spectrum of the child human rights. 4 It is the most ratified (196 countries by November 28,
2016 including every member of United Nations except the United States)5 human rights
agreements in the history of UN and holds special promises in this regard. The ratifying
countries have to take concrete action to uphold it. Once a country ratifies, it is obligated in
law to undertake all appropriate measures to assist parents and other responsible parties in
fulfilling their obligation towards children under the Convention. This Convention has
produced a profound change in the worlds attitude towards children live in the States and
obligated to protect their rights.6
The CRC basically explores the principle of children first and has changed the concept that
children are not merely the subject of rights but the objects of legal protection. It recognises
the child as an individual with the rights to participate in decision affecting the childs own
life.7 Right to participation is a new concept for the developing countries in reference to
childrens rights. Balkur Panchayat in Tamil Nadu (India) initiated an experience based on
this right, where children formulate policies for themselves. The policy states what kind of
work they can do and what kind of work they cannot do.
On September 2, 1989 it entered into force with ratification of over 20 states.

4 Ibid.
5 See. Accessed from <https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child> last
visited on 28/11/2016 at 21.34 IST.
6 UNICEF, n. 1, p. 9.
7 HMG/N & Danida, Identification and formulation Mission Rights and Needs of Children in Danish
Development Assistance to Nepal, Ministry of Foreign Affairs, (Kathmandu: 2000), p. 2.

UN Convention on the Rights of the Child

Since its first day it was opened for signature, 61 countries signed this Convention by the
January 26, 1990.8 India ratified the convention in 1992. However, while signing the
Convention, India expressed some of its reservations:9
While fully subscribing to the objectives and purpose of the Convention, realizing
that certain of the rights of the child, namely those pertaining to the economic, social
and cultural rights, can only be progressively implemented in the developing countries
subject to the extent of available resources and within the framework of international
cooperation, recognizing that child labour has to be protected from exploitation of all
forms including economic exploitation; nothing that of several reasons children of
different ages continue to work in India; having prescribed minimum age for
employment in hazardous occupations and in certain other areas having made
regulatory provisions regarding hours and conditions of employment; and being aware
that it is not practical to immediately prescribed minimum age for admission to each
and every area of employment in India, the Government of India undertakes to take
measures to progressively implement the provisions of Article 32, particularly
paragraph 2(a) in accordance with the national legislation and relevant international
instrument to which it is a state party.
The Convention, in its approach, recognised that governments are not able to ensure all
economic, social and cultural rights, but it commits them to make those rights on a priority.
Its implementations sometimes require the States to make fundamental changes in national
laws, institutional plans, policies and practices to bring commitments on priority.
Encompassing the whole range of human rights civil, political, social and cultural, the
Convention recognises that the enjoyment of ones rights cannot be separated from the
enjoyment of others. It includes various political, social, economic and cultural rights of
every child and for the first time the Convention had a combination of civil and political
rights and economic, social and cultural rights together.10

8 UNICEF, The State of World Children, (New Delhi: 1996), p. 10.

9 Lakshmidhar Mishra, Child Labour in India (Oxford, New Delhi: 2010), p. 192.
10 Archana Mehendale, Law and Child Labour: A Case for Protecting Childrens Rights, Social Change,
Vol. 27, no. 3 & 4, September-December 1997, p. 139.

UN Convention on the Rights of the Child

The first UN document specially focused on child rights was the Declaration on the Rights of the
Child, but instead of being a legally binding document it was more like a moral guide of conduct for
governments. It was not until 1989 that the global community adopted the United Nations Convention
on the Rights of the Child, making it the first international legally binding document concerning child
rights. The Convention contains 54 Articles: 41 of them are substantive rights and rest deal

with the implementation measures and miscellaneous provisions. The rights in the
Convention can broadly be divided in four sections: Right to Survival, Right to
Development, Right to Protection and for the first time Right to Participation.11 It came
into force on the 2nd September 1990.12

The initiative to create a body of rights for children came from the draft document submitted
by the Government of Poland to the Commission on human rights in 1978. A decade was
spent drafting the Convention by an alliance of a number of small NGOs including Radda
Barnen of Sweden, the International Child Catholic Bureau, and Defence for Children
International, and United Nations human rights experts. Today the convention has been
ratified by 196 countries (except the United States) becoming the most ratified of all
international Human Rights treaties. India signed and ratified the convention in 1992. The
only two countries who have not ratified the treaty are the United States and Somalia.
Somalia has been unable to ratify due to the lack of a stable government and the US has
signed the treaty showing their intention to ratify.13
A. Definition of Child under UNCRC
The UNCRC defines the child as a person under 18 years of age. It acknowledges the
primary role of parents and the family in the care and protection of children, as well as the
obligation of the State to help them carry out these duties.14
B. Types of Rights under UNCRC, 1989
11 Right to Survival include right to health, nutrition and basic care needed to sustain life; Protection rights
include right against abuse, exploitation, neglect and prejudice; Developmental rights include rights to
education, recreation and personality development; and Participation right include rights related to the freedom
of expression, decision making and assembly.

12 Aggarwal, H.O., International Law and Human Rights, 24, (Central Law Publications,
New Delhi) 2015

13 Awasthi and Kataria, Law relating to Protection of Human Rights, 18(Orient Publishing Company,
New Delhi 2012)
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UN Convention on the Rights of the Child

The UN Convention consists of 41 articles, each of which details a different type of

rights. These rights are not ranked in order of importance; instead they interact with one
another to form one integrated set of rights. A common approach is to group these articles
together under the following themes:
1. Survival rights: include the childs right to life and the needs that are most basic to
existence, such as nutrition, shelter, an adequate living standard, and access to
medical services.
2. Development rights: include the right to education, play, leisure, cultural activities,
access to information, and freedom of thought, conscience and religion.
3. Protection rights: ensure children are safeguarded against all forms of abuse, neglect
and exploitation, including special care for refugee children; safeguards for children
in the criminal justice system; protection for children in employment; protection and
rehabilitation for children who have suffered exploitation or abuse of any kind.
4. Participation rights: encompass children's freedom to express opinions, to have a
say in matters affecting their own lives, to join associations and to assemble
peacefully. As their capacities develop, children should have increasing opportunity to
participate in the activities of society, in preparation for adulthood.15
C. General Principles under UNCRC, 1989
The UN Convention includes four articles that are given special emphasis. These are also
known as general principles. These rights are the bedrock for securing the additional
rights in the UN Convention.

that all the rights guaranteed by the UNCRC must be available to all children without
discrimination of any kind16

that the best interests of the child must be a primary consideration in all actions
concerning children17

14 Article 1, United Nation Convention On Child Rights, 1989

15 Chopra, Geta, Child Rights In India ,64(Allahbad Law Publishing Company, 2015).
16 Article 2, United Nation Convention On Child Rights,1989
17 Article 3, United Nation Convention On Child Rights,1989
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UN Convention on the Rights of the Child

that every child has the right to life, survival and development18

that the childs view must be considered and taken into account in all matters affecting
him or her.19

D. Protocols under UNCRC, 1989

In 2000, two optional protocols were added to the UNCRC. One asks governments to
ensure children under the age of 18 are not forcibly recruited into their armed forces.
The second calls on states to prohibit child prostitution, child pornography and
the sale of children into slavery. These have now been ratified by more than 120 states.
A third optional protocol was added in 2011. This enables children whose rights have
been violated to complain directly to the UN Committee on the Rights of the Child.
The UNCRC is also the only international human rights treaty to give non-governmental
organisations (NGOs), like Save the Children, a direct role in overseeing its
implementation, under Article 45A.20

4. Main Features of UN Convention on the Rights of the Child, 1989

1. Non-discrimination The Convention applies to all children, whatever their race,
religion or abilities; whatever they think or say, whatever type of family they come
from. It doesnt matter where children live, what language they speak, what their
parents do, whether they are boys or girls, what their culture is, whether they have a
disability or whether they are rich or poor. No child should be treated unfairly on any
basis.21
2. Best interests of the child The best interests of children must be the primary
concern in making decisions that may affect them. All adults should do what is best
18 Article 6, United Nation Convention On Child Rights,1989
19 Article 12, United Nation Convention On Child Rights,1989
20 http://www.savethechildren.org.uk/about-us/what-we-do/child-rights/un-convention-on-the-rightsof-the-child
21 Article 2 United Nation Convention On Child Rights,1989
7

UN Convention on the Rights of the Child

for children. When adults make decisions, they should think about how their decisions
will affect children. This particularly applies to budget, policy and law makers.22
3. Protection of Rights Governments have a responsibility to take all available
measures tomake sure childrens rights are respected, protected and fulfilled. When
countries ratify the Convention, they agree to review their laws relating to children.
This involves assessing their social services, legal, health and educational systems, as
well as levels of funding for these services. Governments are then obliged to take all
necessary steps to ensure that the minimum standards set by the Convention in these
areas are being met. They must help families protect childrens rights and create an
environment where they can grow and reach their potential. In some instances, this
may involve changing existing laws or creating new ones. Such legislative changes
are not imposed, but come about through the same process by which any law is
created or reformed within a country. Article 41 of the Convention points out the
when a country already has higher legal standards than those seen in the Convention,
the higher standards always prevail.23
4. Parental Guidance Governments should respect the rights and responsibilities of
families to direct and guide their children so that, as they grow, they learn to use their
rights properly. Helping children to understand their rights does not mean pushing
them to make choices with consequences that they are too young to handle. Article 5
encourages parents to deal with rights issues in a manner consistent with the
evolving capacities of the child. The Convention does not take responsibility for
children away from their parents and give more authority to governments. It does
place on governments the responsibility to protect and assist families in fulfilling their
essential role as nurturers of children.24
5. Registration, name, nationality and care All children have the right to a legally
registered name, officially recognised by the government. Children have the right to a
nationality (to belong to a country). Children also have the right to know and, as far as
possible, to be cared for by their parents.25
22 Article 3 United Nation Convention On Child Rights,1989
23 Article 4 United Nation Convention On Child Rights,1989
24 Article 5 United Nation Convention On Child Rights,1989
25 Article 7 United Nation Convention On Child Rights,1989
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UN Convention on the Rights of the Child

6. Preservation of identity Children have the right to an identity an official record

of who they are. Governments should respect childrens right to a name, a nationality
and family ties.26
7. Separation from parents Children have the right to live with their parent(s), unless
it is badfor them. Children whose parents do not live together have the right to stay in
contact with both parents, unless this might hurt the child.27
8. Kidnapping Governments should take steps to stop children being taken out of
their own country illegally. This article is particularly concerned with parental
abductions. The Conventions Optional Protocol on the sale of children, child
prostitution and child pornography has a provision that concerns abduction for
financial gain.28
9. Respect for the views of the child When adults are making decisions that affect
children, children have the right to say what they think should happen and have their
opinions taken into account.This does not mean that children can now tell their
parents what to do. This Convention encourages adults to listen to the opinions of
children and involve them in decision-making - not give children authority over
adults. Article 12 does not interfere with parents right and responsibility to express
their views on matters affecting their children. Moreover, the Convention recognizes
that the level of a childs participation in decisions must be appropriate to the child's
level of maturity. Children's ability to form and express their opinions develops with
age and most adults will naturally give the views of teenagers greater weight than
those of a preschooler, whether in family, legal or administrative decisions.29
10. Freedom of expression Children have the right to get and share information, as
long as the information is not damaging to them or others. In exercising the right to
freedom of expression, children have the responsibility to also respect the rights,
freedoms and reputations of others. The freedom of expression includes the right to
share information in any way they choose, including by talking, drawing or writing.30
26 Article 8 United Nation Convention On Child Rights,1989
27 Article 9 United Nation Convention On Child Rights,1989
28 Article 10 United Nation Convention On Child Rights,1989
29 Article 11 United Nation Convention On Child Rights,1989
30 Article 13 United Nation Convention On Child Rights,1989

UN Convention on the Rights of the Child

11. Freedom of thought, conscience and religion Children have the right to think and
believe what they want and to practise their religion, as long as they are not stopping
other people from enjoying their rights. Parents should help guide their children in
these matters. The Convention respects the rights and duties of parents in providing
religious and moral guidance to their children. Religious groups around the world
have expressed support for the Convention, which indicates that it in no way prevents
parents from bringing their children up within a religious tradition. At the same time,
the Convention recognizes that as children mature and are able to form their own
views, some may question certain religious practices or cultural traditions. The
Convention supports children's right to examine their beliefs, but it also states that
their right to express their beliefs implies respect for the rights and freedoms of
others.31
12. Access to information; mass media Children have the right to get information that
is important to their health and well-being. Governments should encourage mass
media radio, television, newspapers and Internet content sources to provide
information that children can understand and to not promote materials that could harm
children. Mass media should particularly be encouraged to supply information in
languages that minority and indigenous children can understand. Children should also
have access to childrens books.32
13. Parental responsibilities; state assistance Both parents share responsibility for
bringingup their children, and should always consider what is best for each child.
Governments must respect the responsibility of parents for providing appropriate
guidance to their children the Convention does not take responsibility for children
away from their parents and give more authority to governments. It places a
responsibility on governments to provide support services to parents, especially if
both parents work outside the home.33
14. Protection from all forms of violence Children have the right to be protected from
being hurt and mistreated, physically or mentally. Governments should ensure that

31 Article1 4 United Nation Convention On Child Rights,1989

32 Article 17 United Nation Convention On Child Rights,1989
33 Article 18 United Nation Convention On Child Rights,1989
10

UN Convention on the Rights of the Child

children are properly cared for and protect them from violence, abuse and neglect by
their parents, or anyone else who looks after. In terms of discipline, the Convention
does not specify what forms of punishment parents should use. However any form of
discipline involving violence is unacceptable. There are ways to discipline children
that are effective in helping children learn about family and social expectations for
their behaviour ones that are non-violent, are appropriate to the childs level of
development and take the best interests of the child into consideration. In most
countries, laws already define what sorts of punishments are considered excessive or
abusive. It is up to each government to review these laws in light of the Convention.34
15. Children deprived of family environment Children who cannot be looked after by
their own family have a right to special care and must be looked after properly, by
people who respect their ethnic group, religion, culture and language35.
16. Adoption Children have the right to care and protection if they are adopted or in
foster care.The first concern must be what is best for them. The same rules should
apply whether they are adopted in the country where they were born, or if they are
taken to live in another country.36
17. Health and health services Children have the right to good quality health care
the best health care possible to safe drinking water, nutritious food, a clean and safe
environment, and information to help them stay healthy. Rich countries should help
poorer countries achieve this.37
18. Adequate standard of living Children have the right to a standard of living that is
good enough to meet their physical and mental needs. Governments should help
families and guardians who cannot afford to provide this, particularly with regard to
food, clothing and housing.38
19. Right to Education All children have the right to a primary education, which
should be free. Wealthy countries should help poorer countries achieve this right.
Discipline in schools should respect childrens dignity. For children to benefit from
34 Article 19 United Nation Convention On Child Rights,1989
35 Article 20 United Nation Convention On Child Rights,1989
36 Article 21 United Nation Convention On Child Rights,1989
37 Article 24 United Nation Convention On Child Rights,1989
38 Article 27 United Nation Convention On Child Rights,1989
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UN Convention on the Rights of the Child

education, schools must be run in an orderly way without the use of violence. Any
form of school discipline should take into account the childs human dignity.
Therefore, governments must ensure that school administrators review their discipline
policies and eliminate any discipline practices involving physical or mental violence,
abuse or neglect. The Convention places a high value on education. Young people
should be encouraged to reach the highest level of education of which they are
capable.39
20. Goals of education Childrens education should develop each childs personality,
talents and abilities to the fullest. It should encourage children to respect others,
human rights and their own and other cultures. It should also help them learn to live
peacefully, protect the environment and respect other people.

Children have a

particular responsibility to respect the rights their parents, and education should aim
to develop respect for the values and culture of their parents. The Convention does not
address such issues as school uniforms, dress codes, the singing of the national
anthem or prayer in schools. It is up to governments and school officials in each
country to determine whether, in the context of their society and existing laws, such
matters infringe upon other rights protected by the Convention.40
21. Children of minorities/ indigenous groups Minority or indigenous children have
the right to learn about and practice their own culture, language and religion. The
right to practice ones own culture, language and religion applies to everyone; the
Convention here highlights this right in instances where the practices are not shared
by the majority of people in the country.41
5. UNCRC and India
The Government of India itself has ratified the Convention on the 10 th of December 1992.
The text of the ratification reads as below:
While fully subscribing to the objective and purpose of the convention, realizing that
certain of the rights of the child. Namely those pertaining to the economic, social and
cultural rights can only be progressively implemented in the developing countries,
39 Article 28 United Nation Convention On Child Rights,1989
40 Article 29 United Nation Convention On Child Rights,1989
41 Article 30 United Nation Convention On Child Rights,1989
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UN Convention on the Rights of the Child

subject to the extent of available resources and within the framework of international
cooperation, recognizing that the child has to be protected from exploitation, nothing
that for several reasons children of different ages do work in India, having prescribed
minimum hours and conditions of employment, and being aware that it is not practical
immediately to prescribe minimum ages for admission to each and every area of
employment in India the Government of India undertakes to take measures to
progressively implement the provision of Article 32(a) particularly paragraph 2 (a), in
accordance with the national legislation and relevant international instruments to
which it is a state party.
The government of India does not seem to undertake the obligation which the ratification lays
on them. That is where our concern must continue in the form of addressing the Government
as to its obligations and educating the public on the issues of childrens rights.42
However, Judiciary has played a vital role in regard to development of Child rights in India,
which can be easily observed from the following judgments
1. Peoples Union for Democratic Rights v. Union of India,43 also known as the Asiad
Workers case. The Supreme Court held that though the Employment of Children Act,
1938 did not include the construction work on projects because the construction
industry was not a process specified in the Schedule to the Act, yet, such construction
was a hazardous occupation and under Art. 24 children under 14 could not be
employed in a hazardous occupation. The right of a child against exploitation under
Art.24 was enforceable even in the absence of implementing legislation, and in a
public interest proceeding
2. Lakshmi Kant Pandey v. Union of India44 This is an extremely important case
relating to the adoption of Indian children by persons inside and outside India. In the
absence of legislation, the Supreme Court framed elaborate guidelines in the matter.
42 An Article by CN George, A brief history of the UNCRC accessed from
<http://www.childrensrightsindia.org/pdf/Brief%20History%20of%20UNCRC.pdf> last visited on
28/11/2016 at 22.45 IST.
43 [(1982) 3 SCC 235; AIR 1982 SC 1473]
44 [(1984) 2 SCC 244; AIR 1984 SC 469]
13

UN Convention on the Rights of the Child

There was no law to regulate inter-country adoptions and such lack of legal regulation
could cause incalculable harm to Indian children. Considering the possibility of child
trade for prostitution as well as slave labor, legal regulation of such adoptions was
essential. Therefore, Justice Bhagwati created a scheme for regulating both intercountry and intra-country adoptions. The Supreme Court held that any adoption in
violation of or non-compliance with may lead adoption to be declared invalid and
expose person concerned with to strict action including prosecution. For years, social
activists have used these directions to protect children and promote desirable
adoptions. The Government of India framed a national policy in this regard.
3. M.C.Mehta v. State of T.N.45 The Supreme Court directed that children should not
be employed in hazardous jobs in factories for manufacture of match boxes and
fireworks, and positive steps should be taken for the welfare of such children as well
as for improving the quality of their life.
4. M.C.Mehta v. State of T.N.46 The Supreme Court directed that the employers of
children below 14 years must comply with the provisions of the Child Labour
(Prohibition and Regulation) Act providing for compensation, employment of their
parents / guardians and their education.
5. Gaurav Jain v Union of India47 The Supreme Court held that the children of the
prostitutes have the right to equality of opportunity, dignity, care, protection and
rehabilitation so as to be part of the mainstream of social life without any pre-stigma
attached on them. The Court directed for the constitution of a committee to formulate
a scheme for the rehabilitation of such children and child prostitutes and for its
implementation and submission of periodical report of its Registry.
6. Status Report towards Child Rights in India48
45 [(1991) 1 SCC 283]
46 [(1996) 6 SCC 756; AIR 1997 SC 699]
47 [(1997) 8 SCC 114; AIR 1997 SC 3021]
48 Hena Naqvi, 25 Years of UNCRC and status of children in India, Assessed from
<http://www.csrtimes.com/community-articles/25-years-of-uncrc-and-status-of-children-in14

UN Convention on the Rights of the Child

We may begin with the Millennium Development Goals (MDGs) that were to be achieved
at international level by all the signatory countries including India. The second MDG i.e.
Universalisation of primary education and the fourth one i.e. reduction in child
mortality are directly related to children. According to a study report49 students retention
rate in the primary schools in India was just 82.38% in the year 2013-14. This implies that the
remaining 17.62% primary school children cannot complete their primary education in India
let alone secondary and higher education. According to a UNICEF report, the infant mortality
rate of our country was 42 (on per 1000 live births) in the year 2012. The figures clearly
show that we have a long way to achieve the goals of universalisation of primary education
and reduction in child mortality. Keeping in view the same, Government of India has passed
the Right to Education Act. As per Census 2011, countrys child sex ratio 50 (in 6-14 years age
group) is 914. This suggests a gap of 86 girls on every 1000 boys. The difference in the
figures is an outcome of centuries old preference for male children and recently emerged
inhuman practice of female foeticide. Skewed sex ratio is a very alarming situation for any
developing country as it will create threats for the very survival of humanity.
Every human aspect cannot be presented in terms of figures. Thats why; we may also
discuss the issue in qualitative terms. Lets begin with the children with disabilities. We are
yet to have an inclusive environment to integrate these children in the mainstream of society.
Schools are reluctant to admit such children. Dearth of disability-friendly infrastructure and
societys apathy are the prime factors behind exclusion of the children with disabilities from
mainstream of society. Child labour, child sexual abuse, corporal punishment, child
marriage, child trafficking, abandoning of girl/illegitimate child, discrimination with girl
child, cumbersome education system etc. are such areas wherein we are yet to achieve the
desired results despite continuous efforts by government and voluntary sectors. There is a
need of better and stricter enforcement of laws preventing pre-natal sex determination test
and female foeticide. Our society requires an attitudinal change for minimising discrimination
with the girl children. Widespread and consistent mass awareness campaigns are required in
india/eZTLXcNizq> last visited on 28/11/2016 at 23.11 IST.
49 Elementary Education in India, Progress towards UEE, National University of Educational
Planning and Administration, New Delhi
50 Number of females per thousand males
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UN Convention on the Rights of the Child

this domain. Union governments recently launched Beti Bachao, Beti Padhao campaign is
an excellent example of mass awareness campaign aiming at attitudinal change in the society
towards girl child. Care and protection of orphan and destitute children, rescue and
rehabilitation of child labourers, children into conflict with law and children into addiction
are some other issues requiring attention of the policy makers and different stakeholders.
There are innumerable such issues that need an accelerated pace, stronger political
will and concerted efforts if we genuinely wish to make our society a child-friendly
society. Formulation of National Policy for Children, 2013 is a milestone in the direction
of efforts to ensure an all-round development and protection of our children. There are other
endeavours like CHILDLINE, a 24 hours toll-free emergency helpline for the care and
protection of children in need, Integrated Children Protection Scheme (ICPS) and Integrated
Child Development Services (ICDS). There are various government-civil society partnership
endeavours striving towards providing development, care and protection of the children. Still,
the fact remains the fact that children of our country need a better environment offering rights
to survival, protection, development and participation to our children. The task is not only
government or voluntary sectors responsibility. Media, corporate houses, religious bodies,
educational institutions, common citizens; all are required to contribute in the direction of
developing children as tomorrows valuable resources.
A. Indias Reporting to the Committee on the Rights of the Child (UN)51
(a) The 1997 Report India submitted their first/initial report to the Committee on the
Rights of the Child in 1997. The purpose of this first report was to give the Committee
a sense of the situation of children in India. The report outlines the various laws and
policies pertaining to children that are being implemented in the country. The report
outlines steps taken by India to fulfil the UNCRC commitments
Ministries have begun to outline their roles in fulfilling the convention
provisions
State governments have begun incorporating convention articles into their
plans of action for children
The government is partnering with notable NGOs to determine actions to be
taken
India has begun gathering data for the country's first periodic report.
51 Assessed from <http://childlineindia.org.in/India-and-UNCRC.htm> last visited on 27/11/2016 at
21.11 IST.
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The report goes on to discuss civil rights and freedoms, family care and alternative care,
health and nutrition of children, education, leisure and cultural activities, and special
protection measures the state is currently engaged in.
The Committee responded to this report with a list of recommendations. Some of the
recommendations are:

Make efforts to match country legislations with convention provisions and

plan and allocate resources to ensure the implementation of all child related
legislations.
Adopt a comprehensive national plan of action, based on a child rights
approach, to implement the Convention.
Develop a comprehensive system for collecting disaggregated data about the
status of children
Establish a statutory, independent national commission for children
Establish a national age limit that a person ceases to be a child
Address issues of discrimination against caste and tribal groups
Ensure the rights of the child who is in police custody
Ensure the rights of children with disabilities
Aim to eliminate child labour
Etc.

(b) The 2001 Report - India submitted their first comprehensive periodic report in 2001.
Again the report discusses discuss civil rights and freedoms, family care and
alternative care, health and nutrition of children, education, leisure and cultural
activities, and special protection measures the state is currently engaged in.
In 2001 report, the Government of India (GoI) also outlines actions taken as per the
recommendation of the Committee in 1997. The report discusses all the various
legislative achievements of the last five years such as the adoption of the following
acts:
The Juvenile Justice (Care and Protection of Children) Act, 2000
National Commission for Children
Amendment of the Infant Milk Substitutes, Feeding Bottle and Infant Foods
Regulation of Production, Supply and Distribution) Act, 1992
The report outlines that minimum legal age has been defined for issues such marriage,
sexual consent for girls, voluntary enlistment in the armed forces, admission to
employment or work, criminal responsibility, juvenile crime, capital punishment and
life imprisonment. To counter discrimination the GoI has constituted two exclusive
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ministries: the Ministry of Social Justice and Empowerment for SCs, OBCs and
Minorities in 1998 and the Ministry of Tribal Affairs in 1999. GoI adopted the Meena
project to promote positive images of the girl child. Measures have been taken to
improve the Civil Registration System. Central Adoption and Resource Agency
(CARA) was constituted to act as an information centre for children available for
inter-country adoption and receiving adoption applications.
The GoI is taking several measures to protect the rights of children with disabilities as
per the provisions of the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995. With regard to child health, the government
is taking initiatives to strengthen the existing Reproductive and Child Health
Programmes. The 83rd Amendment Bill of the Constitution of India is under
consideration in the Parliament to ensure children the fundamental right to education.
The GoI gives special attention to children National Disaster Relief Plan to meet the
needs of children in emergency situations including situations of conflict. The
Government has adopted a two-pronged strategy of supply control and demand
reduction of drugs. With regard to sexual exploitation and abuse of children the GoI
has many provisions to protect children in the Indian penal code. India also has an
emergency helpline for children: CHILDLINE 1098. GoI has also amended the
Immoral Traffic (Prevention) Act, 1956 to counter trafficking of children.
Again the Committee responded to the periodic report, 2001 with a list of
recommendations. Some of the recommendations are as follows:

Make every effort to increase the proportion of the budget allocated to the
realization of childrens rights
Involve NGOs in the more systematic manner to achieve the goals of the
convention and MDGs
Systematically involve parliamentarians and community and religious leaders
in its programmes to eradicate customs and traditions that impede the
implementation of the Convention
Take all necessary steps to abolish the discriminatory practice of
"untouchability", prevent caste- and tribe-motivated abuse, and prosecute State
and private actors who are responsible for such practices or abuses.
Include in the next periodic report specific measures and programmes relevant
to the Convention undertaken by the state
Promote the participation of children within the family, the schools,
institutions, as well as in judicial and administrative proceedings
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UN Convention on the Rights of the Child

Strengthen its efforts to train the law enforcement personnel on the human
rights of children
Prohibit corporal punishment in all institutions including the family
Create a universal civil code for adoption
Create new legislation to counter sexual exploitation and abuse of children
Seek help of UN agencies with regard to HIV/AIDS and child health
Take legislative and awareness-raising measures to prohibit and eradicate all
kinds of traditional practices harmful to children
Improve the education system to meet goals
Establish CHILDLINE centres in all districts of the country
Adopt comprehensive legislation to ensure adequate protection of refugee and
asylum-seeking children
Amend the Child Labour Act, 1986 so that household enterprises and
government schools and training centres are no longer exempt from
prohibitions on employing children
Strengthen and extend the Integrated Programme for Street Children
Extend the application of the Juvenile Justice (Care and Protection of
Children) Act, 2000 to the State of Jammu and Kashmir
Strengthen the Juvenile Justice system and personnel through training and
awareness programmes
Etc

7. Conclusion
According to the UNCRC Child Rights are minimum entitlements and freedoms that should
be afforded to all persons below the age of 18 regardless of race, colour, gender, language,
religion, opinions, origins, wealth, birth status or ability and therefore apply to all people
everywhere. The UN finds these rights interdependent and indivisible, meaning that a right
can not be fulfilled at the expense of another right.
The purpose of the UNCRC is to outline the basic human rights that should be afforded to
children. There are four broad classifications of these rights. These four categories cover all
civil, political, social, economic and cultural rights of every child.
Right to Survival: A child's right to survival begins before a child is born. According to
Government of India, a child life begins after twenty weeks of conception. Hence the right to
survival is inclusive of the child rights to be born, right to minimum standards of food, shelter
and clothing, and the right to live with dignity.
Right to Protection: A child has the right to be protected from neglect, exploitation and
abuse at home, and elsewhere.

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UN Convention on the Rights of the Child

Right to Participation: A child has a right to participate in any decision making that involves
him/her directly or indirectly. There are varying degrees of participation as per the age and
maturity of the child.
Right to Development: Children have the right to all forms of development: Emotional,
Mental and Physical. Emotional development is fulfilled by proper care and love of a support
system, mental development through education and learning and physical development
through recreation, play and nutrition.
Thus, under the terms of the convention, governments are required to meet childrens basic
needs and help them reach their full potential. India being signatory to this convention has to
provide basic minimum rights to their children as provided in UNCRC. Few of the things i.e.,
enacting Juvenile Justice Act, Right to Education etc. are few of the initial basic steps
towards achieving Indias obligation under this convention.
8. Bibliography
1.

Aggarwal, H.O., International Law and Human Rights, 24, (Central Law Publications, New Delhi)
2015.

2. Archana Mehendale, Law and Child Labour: A Case for Protecting Childrens Rights, Social Change,
Vol. 27, no. 3 & 4, September-December 1997.

3. Awasthi and Kataria, Law relating to Protection of Human Rights, 18(Orient Publishing
Company, New Delhi 2012).
4. Chopra, Geta, Child Rights In India,(Allahbad Law Publishing Company, 2015).
5. Elementary Education in India, Progress towards UEE, National University of Educational
Planning and Administration, New Delhi.
6. HMG/N & Danida, Identification and formulation Mission Rights and Needs of Children in Danish
Development Assistance to Nepal, Ministry of Foreign Affairs, (Kathmandu: 2000)

7.
8.
9.
10.
11.

Ian Brownlie, Basic Documents on Human Rights, (Clarendon, New York: 1971).
Lakshmidhar Mishra, Child Labour in India (Oxford, New Delhi: 2010).
UN, Convention on the Right of the Child, (New York: 1991).
UNICEF, The State of the World's Children 2007, (Oxford, New York: 2007).
UNICEF, The State of World Children, (New Delhi: 1996)

7. Webliography
1. http://www.savethechildren.org.uk/about-us/what-we-do/child-rights/un-convention-on-therights-of-the-child.
2. http://www.childrensrightsindia.org/pdf/Brief%20History%20of%20UNCRC.pdf
3. http://www.csrtimes.com/community-articles/25-years-of-uncrc-and-status-of-children-inindia

4. http://childlineindia.org.in/India-and-UNCRC.htm
5. https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
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UN Convention on the Rights of the Child

6. https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child#India
7. http://www.humanium.org/en/convention/signatory-states/
8. https://www.unicef.org/crc/index_30229.html

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