ROLE OF JUDICIARY IN PROTECTING CHILD RIGHTS

Nikhil Singh and Vineet Tripathi, 4th Year, Amity University Uttar Pradesh Lucknow Campus

---

(Image Source: Teachers of India)

The role of Justice in India and the scope of legal interpretation have grown exponentially in recent times, in part due to the rapid growth of legal interventions at the present period. Justice plays a vital role in protecting the basic rights of citizens and non-citizens alike. The protection of equality before the law and for equal protection of the laws are recognized as the two most important pillars of human rights in the universe; this is where the freedom to guarantee human rights is realized. India's constitution lays the foundation for its foreign policy and international obligations are respected. These principles are set out in particular in Article 51 occurs in part IV of the Constitution of India.

Austin described the law as a political mandate his sovereignty and sovereignty were inseparable and complete, only a legislature could legislate. The function of the court was simply to proclaim the existing law or to interpret the law but on the other hand, the United States truth organization is the latest branch of Sociological Jurisprudence focused on the decisions of the courts of law. Humble law is what the court says. To them, the judges are law-abiding citizens. Every common law is the creation of English courts but based on the myth that a judge simply found the law. Despite such a casual view of their role, the judges of England not only made law but also modify them to suit the completely new conditions created by the industrial change in the modern era Judicial Activism emerged as a tool to protect the Rights of the Child including protection from sexual exploitation, child trafficking, child abuse, etc.

CHILD LABOUR AND THE RIGHT TO EDUCATION

“Education is a human right with immense power to transform. On its foundation rest the cornerstones of freedom, democracy, and sustainable human development.”[1]

Education is a vital part of economic and social development. It is important in building people skills and opening opportunities. Education plays a vital role in shaping social and professional growth. The termination of child labour must precede the introduction of compulsory education because compulsory education and labour laws for children are intertwined. Article 24 of the Constitution prohibits the employment of a child under the age of 14. Article 45 adds to Article 24 because if a child cannot be employed under the age of 14 it should be kept in something else educational institution.

In M.C. Mehta v. Status of Tamil Nadu[2] The Supreme Court instructed that children should not be employed in hazardous work in factories to make matchboxes and explosives, and that good child welfare measures should be taken such as and to improve their quality of life.

Unni Krishnan, J.P. & Ors. v State of Andhra Pradesh[3] Justice Mohan noted that “in educational institutions which are sowing seeds a culture, in which children are wrapped up in the future of their own hands, trained. From them, positions will arise as government officials and soldiers, religious zealots, and philosophers, will determine global progress.”

LABOUR AND CHILD WELFARE AND LOCUS STANDI

The release of the concept of locus standi, making court access easier, is an example of the changing nature of the Indian courts. It often seems that working children are and large ones come from families, below the poverty line, and there are no ways to do that open their complaint that their basic rights are being violated without punishment. Last, in view of the deplorable conditions of child labour, the high court has shown its sensitivity targeting poor people by loosening the concept of locus standi.

In Peoples Union for Democratic Rights v. Union of India[4]. The Supreme Court held that although the Labour Law, 1938 did not include construction work in projects because the construction industry did not exist in the process outlined in the Law Schedule, however, such construction was a risky undertaking and under Art. 24 children under the age of 14 could not be employed in hazardous work. The right of a child who fights exploitation under Article 24 was compulsory or non-compliant law and for the continued benefit of the community. They do not believe in the existing social and economic system. High watermark on the operation of Article 24 of the Constitution was upheld by the Salal Court Hydro Project v. State Jammu and Kashmir[5] where the Court reiterated the above stand. The court it is maintained that child labour is an economic problem. Poor parents want to argue with their little ones' income from the employment of their children. Therefore, a complete ban on child labour of any kind may not be socially possible in the existing socio-economic environment. Article 24 therefore, only imposes an applicable limit on the use of children. The Court also noted that as long as there was poverty in this country, it will be difficult to end child labour.

YOUTH JUSTICE

The Youth Justice Act (Care and Protection), 2015 is enacted as a human rights law again we are now working across the State in the same way, repealing all the Children's Laws passed by the provinces each. This law applies to two types of children. “A child who opposes the law” as defined under Section 2 (1) and a child in need of care and protection as defined below Section 2 (d). A child or a child as defined under Section 2 (k) by an intruder received 18 years. The prison system will include the management of prisoners.

Sheela Barse v. Union of India[6] Ms. Sheela Barse, a dedicated social worker took the case of helpless children under the age of 16 illegally detained in prisons. You requested the release of such young children from prisons, the production of information on the availability of children's courts, in homes and schools, and a directive that district judges should visit prisons or dungeons inside their ability to ensure that children are properly cared for while in custody. The Court noted that children in prison have the right to special treatment. Children are national assets too; they should be treated with special care. The Court called for the establishment of chiefs and young men's, children's homes in prisons. In Sheela Barse v Secretary Children Aid Society[7] The Supreme Court came forward to protect the rights of children in foster homes.

CHILD SEXUAL EXPLOITATION

Human rights are based on human dignity and worth. Human rights and fundamental freedoms have been restored by the Universal Declaration of Human Rights. Human rights for women, including the age of girls, therefore, are undeniable, inclusive, and an inseparable part of human rights in general. All forms of gender discrimination violation of fundamental freedoms and human rights. Therefore, it will be worth taking all measures to prevent prostitution. The eradication of prostitution by any means is an important factor in social interaction and the glory of women. The right of the child to grow up depends on the removal of prostitution. Success lies in the practical steps to root out the root and branch of fornication. In Bachpan Bachao Andolan v Union of India[8] filed an application filed by HRLN, Supreme Court ordered the implementation of the recommendations made during this hearing case, which will introduce significant changes to the current government for child protection. A complaint was introduced in 2006 on the issue of child abuse and exploitation in the circus industry.

The court ordered the federal government to issue a notice prohibiting the hiring of people children in the circus, committing crimes to rescue children who are already working in the circus, and framework the appropriate scheme for their restoration. During the hearing in this case, several recommendations set by the applicant and the respondent, which are intended to change the existing legal and procedural requirements to protect children. This latest order is just one of several possible orders issued by the Honourable High Court in due course as the Honourable Court has specified the aim is to address the issue of child abuse in a long and systematic manner. Confirming a strong response to child abuse, the Supreme Court noted: “We plan to tackle the problem of systematic child abuse”.

In Vishal Jeet v. Union of India[9], High Court in this case is facing some complex questions in relation to child sexual abuse. It is sad and heartbreaking to realize that most of the poverty affects children and girls at early age adolescence is taken to the ‘meat market’ and forced into the existing “meat trade” it is committed to the total violation of all moral, moral and human dignity. In Gaurav Jain v. Union of India[10], The Supreme Court ruled that the children of prostitutes have the right to equal opportunity, dignity, care, protection, and renewal which is a big part of social life without prejudice. The Court ordered that the constitution of the committee makes a plan to rehabilitate such children and child prostitutes and their implementation and submission of periodic reports Registry. Sakshi v Union of India[11] in the matter of claiming Public Interest, the Supreme court has asked the Legal Commission to look into certain sexual matters child abuse referred by the complainant and the possibility of amendments 375 and 376 IPC.

---

References

[1] Kofi Annan [2] AIR 1997 SC 699, (1996) 6 SCC [3] 1993 AIR 217, 1993 SCR (1) 594, 1993 SCC (1) 645, JT 1993 (1) 474. 1993 SCALE (1) 290 [4] AIR 1982 SC 1473 [5] 1984 (1) Scale 680, 1984 (3) SCC [6] JT 1986 136 1986 SCALE (2) 230 [7]AIR 1987 SC 656: 1986(2) Scale 1234: (1987) 3 SCC 50: (1987) 1 SCR 870 [8] [2011] 5 SCC 1 [9] (1990) 3 SCC 318 [10] (1997) 8 SCC 114; AIR 1997 SC 3021 [11] (2004) 5 SCC 546, AIR 2000 SC 3479

---

(Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)