LEGAL FRAMEWORK FOR THE

PROTECTION OF THE RIGHTS OF

CHILDREN

LEGAL METHODS ASSIGNMENT

Submitted By,
Alok Antony
Roll no. 1516
Semester I
BA.LLB (Hons.)
The National University of Advanced Legal Studies, Kochi
 Acknowledgement

First, I thank God for his blessings in the completion of this assignment, without
which I wouldn’t have completed it.
In preparation of my assignment, I had to take the help and guidance of some
respected persons, who deserve my deepest gratitude. As the completion of this
assignment gave me much pleasure, I would like to show my gratitude Prof. Dr.
Jacob Joseph, Professor and Director in Charge of Centre for Law and Agriculture,
The National University of Advanced Legal Studies, Kochi for giving me good
guidelines for assignment throughout numerous consultations. I would also like to
expand my gratitude to all those who have directly and indirectly guided me in
writing this assignment.

Many people, especially my classmates have made valuable comment suggestions on

my assignment which gave me an inspiration to improve the quality of the
assignment; I express my sincere gratitude towards them.
"We are guilty of many errors and faults, but our worst crime is
abandoning the children, neglecting the foundation of life. Many
of the things we need can wait. The child cannot; right now is the
time his bones are being formed, his blood is being made and his
senses are being developed. To him we cannot answer 'tomorrow'.
His name is 'today'.1"- Gabrial Mistral

It was Justice P. N. Bhagwati who said in a famous judgment that children are a “Supremely
important national asset,” and the future of the well-being of the nation depends on how its children
grow and develop.2 If a child is a national asset, it is the duty of the State to look after the child with
a view to ensuring full development of its personality3. The laws and policies regarding child
welfare and their rights have gone through a significant amount of change from the eyes of history.
From ancient times only the welfare of the child was considered. It was only after the twentieth
century that the rights of children came into the picture. The changes from welfare to rights were
brought about after the United Nations Convention on Rights of the Child in December 1989. To
achieve this task from the country having the highest number of children in the world, this accounts
for almost 40 percent of the total 1.3 billion of the population of India. The marginalization takes
even different gear when it comes to the children who are in need; they, therefore, become helpless
are often abused by those in power. To tackle this problem and to provide better solutions to
eradicating this, the governments of India, from time to time, have come out with different
legislations and policies in need of it.

1
Desolación,1922
2
Lakshmi Kant Pandey v. Union of India, AIR 1984 SC 469
3
Sheela Barse v. Union of India, AIR 1986 SC 1773
Definition of a Child:
According to Article 1 of the United Nations Convention of Child Rights, “a child means every
human being below the age of eighteen years unless, under the law applicable to the child, majority
is attained earlier.”4

According to Section.3 of the Indian Majority Act, “Every person domiciled in India shall attain the
age of majority on his completing the age of eighteen years and not before.”5 Thereby mentioning
that every person below the age of 18 is a child.

According to the Child Labour (Protection and Regulation) Act, 1986 states that “a child is a person
who has not completed his fourteenth year of age.” 6

According to the Plantation Labour Act 1951 has a separate definition for child, adolescent and
adult. According to it “‘child’ means a person who has not completed his fourteenth year.7
‘Adolescent' means a person who has completed his fourteenth year but has not completed his
eighteenth year.8”

According to the Juvenile Justice (Care and Protection of Children) Act, 2015, “a child means a
person who has not completed eighteen years of age.”9

In the Protection of Children from Sexual Offences Act of 2012 has given the definition of a child
as “any person below the age of eighteen years.”10

But the Constitution of India does don't provide for an accurate definition of a “child,” but puts
down the different provisions for the protection and what the state can do protect their rights.

4
Article 1 of the United Nations Convention on Rights of the Child, 1989
5
Indian Majority Act, 1885, sc.3
6
Child Labour (Protection and Regulation) Act, 1986, sc.2 (ii)
7
The Plantation Labour Act, 1951, sc.2(c)
8
The Plantation Labour Act, 1951, sc.2(a)
9
Juvenile Justice (Care and Protection of Children), 2000 sc.2 (12)
10
Protection of Children from Sexual Offences, sc.2(d)
Provisions in the Constitution of India
The Supreme Law of the land lays down these provisions for the protection of children and their
rights:
• Right to free and compulsory elementary education for all children in the 6-14 year age group
(Article 21 A).11
This is perhaps the most important right of a child as far as their future is concerned. Every child
needs to have a compulsory education to enable them to make something of their life and lead a life
with dignity. This was inserted by the 86th Constitutional Amendment in 2002, which provides for
free and compulsory education for all children between the ages of 6 and 14. Furthermore, the
government has come out with the Right of Children to Free and Compulsory Education (RTE) Act,
2009, which has the necessary legislation for Article 21A, which also prescribes the standard of the
education so provided by the state.
This has been so legislated as a result of the famous P. Unni Krishnan v. State of Andhra Pradesh.12

• Right to be protected from any hazardous employment till the age of 14 years (Article 24).13
As the provision of the constitution mandates that no child below the age of14 shall be employed
under hazardous conditions. Several Supreme Court cases have been dealt with child labour, mainly
the People’s Union for Democratic Rights v. Union of India & Ors14 , which dealt with the issue of
children being employed during the construction work during the 1982 Asian Games. In M.C.
Mehta v. State of Tamil Nadu15, the Supreme Court decided that children hold not be employed in
factories that have hazardous employment conditions.

• Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e)).16
• Right to equal opportunities and facilities to develop in a healthy manner and conditions of
freedom and dignity and guaranteed protection of childhood and youth against exploitation
and moral and material abandonment (Article 39 (f)).17
These two directive principles are followed by the state to make necessary laws and legislations
regarding the exploitation of children in workplaces by putting them for employment in hazardous

11
Constitution of India, 1950, p.11
12
AIR 1993 SC 2178
13
Constitution of India, 1950, p.13
14
AIR 1982 SC 1473
15
AIR 1997 SC 699
16
Constitution of India, 1950, p.22
17
ibid
conditions. This can be seen as the different ruling governments coming out with different
legislations for the protection of children from these unruly hazardous conditions of employment,
such as The Mines Act of 1952 which prohibits the employment of children below 18 years of age
in a mine. Mining being one of the most dangerous occupations, which in the past has led to many
major accidents taking life of children is completely banned for them and the Child Labour
(Prohibition and Regulation) Act of 1986 which prohibits the labour of children below the age of 14
years in hazardous conditions as identified by the list provided in the same Act itself. The Juvenile
Justice (Care and Protection of Children) Act of 2002 provides for the prohibition of child labour
and has made it a crime for those who make children work in hazardous conditions. As India is one
of the 135 signatories to the United Nations Convention on Child Rights, 1989, which lays down
the different rights available to a child, and according to Article 32 of the Convention of Child
Rights States that “ The child has the right to be protected from work that threatens his or her
health, education or development. The State shall set minimum ages for employment and shall
regulate working conditions.”18

18
Convention of Child Rights, 1989, Article 32
Legislations Brought Out:
Several legislations have been brought out by different governments in power for the protection of
the rights of children. Many Legislations have been brought out by different governments of the
country since the early 1890s. Some of the important ones are:

The Guardian and Wards Act of 1890: This Act deals with the qualifications, appointment, and
removal of guardians of children by the court19 and the duties of the guardians towards the
children.20

The Children (Pledging of Labour) Act of 1933: This Act has been enacted with an eye to
prohibit agreements that pledge the labour of a child. The Acts state that every agreement that has
been made with the pledging of labour of child is null and void.21 According to the Act, it can
penalize both the employer and the guardian, the parent who pledges the child.

The Employment of Children Act of 1938: This Act has been enacted to prohibit the employment
of children in hazardous conditions to those who have not completed the age of fifteen years, the
ages between fifteen and seventeen have limited protection under the Act, while those who
apprentices or who have received vocational training to work22.

The Factories Act of 1948: This Act is subsequent legislation of the previous Factories Act of
1881 by the British Raj in India. According to this Act, no person who has not completed fourteen
years for age shall be strictly prohibited from working in a factory. Furthermore, it provides for
stringent rules to employers from exploiting children that are above the age of fourteen by
certifying them with a fitness certificate.23

The Mines Act of 1952: According to this Act, “No Person below the age of eighteen shall be
allowed to work in any mine.” Section 68 of the same Act provides for the punishment of
employing persons below the age of eighteen years in mines 24. But the ground reality of the
implementation of such pun shipment is pointless, as the fine is placed at five hundred rupees, and

19
The Guardian and Wards Act, sc.15
20
The Guardian and Wards Act, 1890, sc.24
21
The Children (Pledging of Labour) Act, 1933, sc.3
22
The Employment of Children Act, 1938
23
The Factories Act, 1938, Chapter VII
24
The Mines Act, 1952, sc.68
as compared to the wages paid to a child labourer, it does not make a big difference to the
employer.

The Apprentices Act of 1961: The Act lays down the minimum qualifications to be engaged as an
apprentice. It states that “A person shall not be qualified for being engaged as an apprentice if he is
not less than fourteen years of age, and for designated trades related to hazardous industries, not less
than eighteen years of age.”25

The Child Labour (Prohibition and Regulation) Act of 1986: This is perhaps one of the most
important legislation that is concerned with the prohibition of child labour26. According to this Act,
the law prohibits the employment of persons who are below the age of fourteen. Furthermore, it
27
provides the list of hazardous conditions or processes a child is not deemed fit to do. The Act
came into force in December 1986 and henceforth had been a very useful tool in eradicating child
labour from the country, though there are still instances nowadays too. This lays down certain
objectives for the eradication of child labour.

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production,
Supply and Distribution) Act of 1992: This Act regulates the production, supply, and distribution
of infant milk substitutes, feeding bottles & infant foods with a view to the protection & promotion
of breastfeeding & ensuring the proper use of infant foods & other incidental matters.28

The Pre-Natal Diagnostic Technique (Regulation and Prevention of Misuse) Act of 1994: This
Act provides for the regulations of the use of pre-natal diagnostic techniques for the purpose of
detecting genetic or metabolic or chromosomal abnormalities or certain congenital malformation or
sex-linked disorders & for the prevention of the misuse of such techniques for the purpose of pre-
natal sex determination leading to female foeticide.

Juvenile Justice (Care and Protection of Children) Act of 2015: This Act deals with the
juveniles who are in need of care and protection, by means of providing needed care, their
protection and catering to the needs of a developing child.
The First Juvenile Act came in the form of the Children Act of 1960, which was subsequently
repealed by the Juvenile Justice Act of 1986. But after the United Nations Convention of Child
25
The Apprentices Act, 1961, sc.3
26
The Child Labour (Prohibition and Regulation) Act, 1986, sc.3
27
ibid
28
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution)
Act, 1992
 Rights in 1989 came to the further legislation “Juvenile Justice (Care and Protection) Act of 2000,
but after the turn of events after the Nirbhaya Delhi Gang Rape Case29, the previous Act was
repealed, and the new Juvenile Justice (Care and Protection) Act of 2015 was enacted and
enforced with provisions that can bring about a change in the ill-equipped legal provisions and
malfunctioning juvenile system in the previous Act.
The Act aims to consolidate the laws relating to children alleged and found to be in conflict with
law and children in need of care and protection by catering and considering their basic needs
through proper care& protection, development, treatment, social- integration, by adopting a child
friendly approach in the adjudication and disposal of matters in the best interest of children. The
act also focuses on the rehabilitation of juvenile offenders through various childcare homes and
institutions.
The Act talks about the establishment of the Juvenile Justice Board for the purpose of inquiry and
hearing in the matters of a juvenile in conflict with the law30.
The Act further mentions that the Board shall consist of Principal Magistrate and two social
workers, among whom one should be a woman.31
The Act provides that under no circumstances, the Board can regulate and operate from regular
court premises, and the decision taken by the Principal Magistrate shall be final.32
The Act lays down special provisions for the heinous offences that have been committed by
children above the age of sixteen.33 The new Act strengthens the protective approach provided by
the juvenile justice system towards children in conflict with the law as well as children in need of
care and protection. The ‘Juvenile’ in conflict with the law has been redefined in the Juvenile
Justice Act 2015 as a ‘child’ in conflict with the law.34 Offences have been categorized as petty/
serious/ heinous offences. Children in the age group of 16 - 18 years may be tried as adults in
cases of heinous offences after preliminary assessment by the Juvenile Justice Board. 35 Many
other provisions lay down the care and protection of children who are in need 36, punishment for
offences against children37, rehabilitation and social integration38 and monitoring of the
development of a child.

29
MANU/DE/0649/2014
30
Juvenile Justice( Care and Protection) Act , 2015, sc.4
31
Juvenile Justice( Care and Protection) Act , 2015, sc.4(2)
32
Juvenile Justice( Care and Protection) Act , 2015, sc.5
33
Juvenile Justice( Care and Protection) Act , 2015, sc.12
34
Juvenile Justice( Care and Protection) Act , 2015, sc.2(13)
35
Juvenile Justice( Care and Protection) Act , 2015, Chapter X
36
Juvenile Justice( Care and Protection) Act , 2015, Chapter VI
37
Juvenile Justice( Care and Protection) Act , 2015, Chapter IX
38
Juvenile Justice( Care and Protection) Act , 2015, Chapter VII
 Children Act of 1960: The Children Act, 1960 mainly focuses on the establishment of children’s
courts, Child Boards, Children's homes, Special homes and observation homes39 in every state.
Moreover, it deals with the provisions regarding delinquent children.40

Right to Education Act, 2009: The Right of Children to Free and Compulsory Education
Act or Right to Education Act (RTE) was enacted on 4 August 2009, which describes the
modalities of the importance of free and compulsory education for children between the ages of 6
to 14 years in India under Article 21A of the Constitution of India.41 India became one of 135
countries to make education a fundamental right of every child when the act came into force on 1
April 2010. According to the RTE Act, 2009, not only does it make education a fundamental
right, but it specifies certain minimum norms to be followed in elementary educational
institutions.

Protection of Children from Sexual Offences Act of 2012: This Act deals with the provisions
regarding the protection of children from sexual offenders by addressing the heinous crimes of
sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal
provisions. It defines different forms of sexual abuse, including penetrative42 and non-penetrative
assault, as well as sexual harassment43 and pornography44, and deems a sexual assault to be
“aggravated” under certain circumstances, such as when the abused child is mentally ill or when
the abuse is committed by a person in a position of trust or authority with the child, like a family
member, police officer, teacher, or doctor. Moreover, the Act provides for the establishment of
special courts to try the offences under the Act. It also provides certain rules for the police to
follow the investigations for offences45 under this Act.

The Commission for Protection Child Rights Act of 2005: This Act has been enacted in the
Parliament with an eye to establish the National Commission for Protection of Child Rights46 and
State Commission for Protection of Child Rights.47 The functions of the commissions mainly
include examining and reviewing the safeguards provided by law that is in force for the protection

39
The Children Act, 1960, Chapter II
40
The Children Act, 1960, Chapter IV
41
Constitution of India, 1950, Art. 21-A
42
Protection of Children from Sexual Offences Act, 2012, sc.3
43
Protection of Children from Sexual Offences Act, 2012, sc.11
44
Protection of Children from Sexual Offences Act, 2012, sc.13
45
Protection of Children from Sexual Offences Rules, 2012
46
The Commissions for Protection of Child Rights Act, 2005, sc.3
47
The Commissions for Protection of Child Rights Act, 2005, sc.17
of the rights of children48, inquire into child right violations and recommend the initiation of the
proceedings49 against the same and presenting an annual report regarding the work of the
Commission50 for that year to the government and the ministry concerned.

Judicial Intervention
Apart from the legislation that has been brought out by the government, there is something
important to notice that judicial intervention has also played an important role in working towards
the protection of the rights of children. Some of the landmark judgments which brought about a
change in the protection of the rights of the children are:

Sheela Barse v. Union of India, 1986: This case talks about the conditions of the juveniles who are
spending their detention in jails. The apex court ordered in favour of the petitioner that there should
ensure strict compliance with the rules and follow the sections laid down in the Children Act of
1960. Furthermore, it direct that every District and Sessions Judge should visit the District Jail at
least once in two months51 and had made a direction to the State Legal Aid Boards to provide the
facility of lawyer's service concerning under trial children.52 It was in this Judgment that Justice

P.N. Bhagwati said: “It is an elementary requirement of any civilized society and it has been so

provided in various statutes concerning children that children should not be confined to jail because
incarceration in jail has a dehumanizing effect and it is harmful to the growth and development of

children.”53

Unni Krishnan, J.P. v. the State of A.P: This was one of the cases which established the Right to
Education as one of the fundamental rights according to Article 21-A of the Constitution of India.
According to Justice Mohan S, Article 21 has been interpreted by this Court to include the right to
live with human dignity and all that goes along with it. ‘The “right to education” flows directly
from right to life.’ In other words, ‘right to education’ is concomitant to the fundamental rights
enshrined in Part III of the Constitution.54

48
The Commissions for Protection of Child Rights Act, 2005, sc.13(a)
49
The Commissions for Protection of Child Rights Act, 2005, sc.13 (c)
50
The Commissions for Protection of Child Rights Act, 2005, sc.16
51
Sheela Barse v. Union of India, 1986 AIR 1986 SC 1773
52
Sheela Barse v. Union of India, 1986 AIR 1986 SC 1773
53
Sheela Barse v. Union of India, 1986 AIR 1986 SC 1773
54
Unni Krishnan J.P v. State of A.P, AIR 1993 SC 2178
Bachpan Bachao Andolan v. Union of India: The Supreme Court discussed the issue of
trafficking, factors that cause trafficking, available legislations, India’s obligations under
International and Regional Instruments, National Plans and Policies to combat human trafficking,
and existing child protection mechanisms. The court ordered the Central Government to issue
certain notifications regarding prohibiting employment for children in hazardous conditions.55

M.C.Mehta v. State of Tamil Nadu: This is one of the important cases where the conscious of the
citizens of stricken about the ill effect of child labour. This case arose out of a petition filed by
M.C.Mehta in the Supreme Court to bring their attention to the employment of children in the
matchstick and fireworks industry in Sivakasi in Tamil Nadu. Justice Hamsaria said, "To enable
fathering of a valiant and vibrant man, and the child must be groomed well in the formative years of
his life. He must receive education, acquire knowledge of man and materials, and blossom in such
an atmosphere that on reaching age, he is found to be a man with a mission, a man who matters so
for as the society is concerned." The court in its judgment, pointed out that this is only appropriate
to be dealt with if it is a national problem.

People's Union for Democratic Rights v. Union of India: In this letter to the Supreme Court, who
considered it as a writ petition dealt with the exploitation of children by putting them in hazardous
construction work during the 1982 Asian Games, which violated Article 24 of the constitution of
India. The judgment delivered by Justice P.N Bhagwati said: "Construction work is clearly a
hazardous occupation and it is absolutely essential that the employment of children under the age of
14 must be prohibited in every type of work."56

Vishal Jeet v. Union of India: This case dealt with forced prostitution and begging and girls
pushed into flesh trade. The court ordered the state governments to bring the inmates of the red light
areas and also those who are engaged in ‘flesh trade’ to protective homes of the respective States
and to provide them with proper medical aid, shelter, education and training in various disciplines
of life so as to enable them to choose a more dignified way of life.57

55
Bachpan Bachao Andolan v. Union Of India & Ors AIR 2011 SC 3361
56
AIR 1984 SC 802
57
1990 AIR 1412
Gaurav Jain v. Union of India58: This case dealt with ensuring the rights of children of prostitutes
and letting them live a dignified life and eradicating any social stigma attached to their lives. Justice
K.Ramaswamy pointed out in this judgment that "the right of the child is the concern of the society
so that fallen women surpass trafficking of their person from exploitation; contribute to bring up
their children; live a life with dignity, and not to continue in the foul social environment. Equally,
the children have the right to equality of opportunity, dignity, and care, protection, and
rehabilitation by the society with both hands open to bring them into the mainstream of social life
without pre-stigma affixed on them for no fault of her/his. The Convention on the Right of the
Child, the Fundamental Rights in Part III of the Constitution, Universal Declaration of Human
Rights, the Directive Principles of State Policy are equally made available and made meaningful
instruments and means to ameliorate their conditions — social, educational, economic and cultural,
and to bring them into the social stream by giving them the same opportunities as had by other
children."

Provisions in the Indian Penal Code and the Code of Criminal

Procedure
The Various Legal Provisions laid down in the Indian Penal Code and the Code of Criminal
Procedure.

 Section 82 of IPC: Section 82 of the Indian Penal Code, nothing is an offence which is
done by a child under seven years of age.59 This is the application of the legal maxim
“Doli incapax,” which essentially means that a child is incapable of committing a crime.
 Section 83 of IPC: This section of the Indian Penal Code I yet another application of the
above maxim “Doli incapax.” According to this section, nothing is an offence which is
done by a child above seven years of age and under twelve, who has not attained
sufficient maturity of understanding to judge of the nature and consequences of his
conduct on that occasion.60
 Section 89: This essentially states that anything that is not done in good faith against the
person under twelve years of age by any person who has legal custody of that child is an
offence.61

58
AIR 1997 SC 3021
59
The Indian Penal Code, 1860, sc.82
60
The Indian Penal Code, 1860, sc.83
61
The Indian Penal Code, 1860, sc.89
  Section 317: This is the section that deals with the abandonment of children under the age
of twelve by the parent or whoever is the legal guardian of that child. The section not only
deals with the offence but also says about the intention to commit the offence.62
 Section 361 of IPC: This section deals with the provisions regarding the kidnapping of
minors, sixteen in the case of males and eighteen in the case of females.63
 Section 363 A of IPC: This section deals with kidnapping or maiming a minor for
purposes of begging.64
 Section 369 of IPC: Section 369 deals with kidnapping or abducting a minor with an
intent to steal from that minor.65
 Section 370(4), (5), (6) of the IPC: The section mainly deals with the trafficking of
persons and sub-sections (4) deals with trafficking of a minor while66 (5) deals with
trafficking of more than one minor67 and (6) deals with the trafficking of a minor in more
than one occasion.68
 Section 372 of IPC: This section focuses on the offence of selling minors for the purposes
of prostitution.69
 Section 373 of IPC: This section deals with the offence of buying minors for the purpose
of prostitution.70
 Section 27 of the CrPC: Section 27 of the Code of Criminal Procedure provides for the
jurisdiction in the case of juveniles. It states that any offense not punishable with death or
imprisonment for life, committed by any person who at the date when he appears or is
brought before the court is under the age of sixteen years, maybe tried by the court of' a
Chief- Judicial Magistrate, or by any court71 specially empowered under the Children Act,
1960.72

62
The Indian Penal Code, 1860, sc.317
63
The Indian Penal Code, 1860, sc.361
64
The Indian Penal Code, 1860, sc.363 A
65
The Indian Penal Code, 1860, sc.369
66
The Indian Penal Code, 1860, sc.370(4)
67
The Indian Penal Code, 1860, sc.370(5)
68
The Indian Penal Code, 1860, sc.370(6)
69
The Indian Penal Code, 1860, sc.372
70
The Indian Penal Code, 1860, sc.373
71
Code of Criminal Procedure, 1976, sc.27
72
The Children Act of 1960
Policies implemented by the Government for keeping up the welfare
and protecting the rights of children

There are several government campaigns, schemes, policies and Action plans that reaffirm the
commitment of keeping up the welfare and protecting the rights of children.

National Policy for Children, 2013:

This policy declares the children of the nation as a supremely important asset and states that
children's programmes should find a prominent role in our national plans for the development of
human resources. The important objective of the National Policy for Children is that it aims to
protect and encourage the rights of the children to survival, health, nutrition, education,
development, protection, and participation. Furthermore, the Policy has emphasized the need for
special policies for the rights of children with disabilities and has brought certain provisions for it.

National Policy of Education, 1992

National Policy on Education in 1992, which replaced the previous one which was established in
1986. Its objectives were on mainly on Free and Compulsory Education, Equalization of
Educational Opportunities, Identification of Talents and Scientific Education and Research. The
Government of India is coming out with an updated National Policy on Education in 2019 with the
recommendations of the Kasthurirangan Committee Report.

National Policy on Child Labour, 1987

The National Policy on Child Labour, August 1987 contains the action plan for tackling the
problem of child labour. It envisages forming a legislative action plan and focusing and
convergence of general development programmes for benefiting children wherever possible, and a
Project-based action plan of action for launching of projects for the welfare of working children in
areas of high concentration of child labour.73

National Health Policy, 2017

The policy set its goal as the attainment of the best health and healthcare facilities for each and
every citizen of the country, through a preventive and promote health care policies and better and
more efficient access to good quality health care services without any having to face the issue of
financial hardship for getting better health care facilities. The major objectives with respect to
children are to reduce Under Five Mortality to 23 by 2025 and MMR from current levels to 100 by

73
The Child Labour (Prohibition and Regulation) Act, 1986....
https://childlabouract1986.blogspot.com/2010/08/policy.html
2020, to reduce the infant mortality rate to 28 by 2019 and to reduce neonatal mortality to 16 and
stillbirth rate to “single-digit” by 202574.

Conclusion

Children can no longer be considered as passive recipients of services. Governments and civil
society must accept children as partners and facilitate their participation in matters which affect
their lives. The challenge is, therefore, to change the mindset that children can no longer be objects
of charity, philanthropy, and welfare. They have rights, and the government, civil society, and
NGOs are obliged to provide for them. There must be legislative, administrative, and judicial
support to implement the policies, plans, and legislation in the interest of the child. The ideals and
norms outlined in emphasized Constitution, national laws and case laws, international conventions,
regulations, Policies. And practices have addressed norms and issues relating to children and have
contributed considerably towards the betterment of children. We also need other means like
political, psychological, managerial, economic, social, and financial to implement the best interest
of the child. Public interest litigation has been used beneficially to realize the protection of the
rights of children. The Supreme Court of India has, in recent years, used the directive principles to
expand fundamental rights to include socio-economic rights.
Here is a dire need for correcting legal perspectives both substantive and procedural, and to foster,
adopt, and create child-centered approaches and institutions. Accountability has to be fixed for the
non-implementation of legislation. Legal education and research should include child rights
advocacy. All this requires reallocation of resources for children. It is essential that the children are
placed high on the political agenda of development. Only then can we can assure the complete
protection of the Rights of the Child.

74
NATIONAL HEALTH POLICY, 2017 - nhp.gov.in.
https://www.nhp.gov.in/nhpfiles/national_health_policy_2017.pdf