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Neha Maria Antony, 3rd Year, The National University of Advanced Legal Studies The Protection of Children from Sexual Offences Act, 2012 (POCSO) is a legislation that was brought out as an answer to a dire call from a society that was reeling from an ever-increasing rate of heinous crimes against young children. The very future of the country was being choked in fear of such crimes, where a child, at a time when they should be learning and playing, are reduced to mere objects for satisfying the lust of perverted minds. The enactment has seen success in many regards. The Act was primarily established for the purpose of protecting children from offenses like sexual assault, sexual harassment, pornography and so on which severely threaten and destroy the safety and wellbeing of the child. The Act recognizes these crimes as vile and heinous and aims to address them effectively using the law. In pursuance of the same, it purports to establish Special Courts for the trial of such offenses. While there are several issues attributed to the Act, there is no doubt that the Act has recognized the depravity of such offenses and brought a separate legal pathway for the victims who are young children and might be intimidated and further traumatized by the tedious and long drawn out judicial process that ensues. There are several features of the Act including its detailed and categorical classification of offenses, the apt punishments, recognition of the menace of child pornography, the establishment of Special Courts for trying POCSO cases, other infrastructure, procedural safeguards to ensure justice and to protect the interests of the child victim and so on. These deserve much appreciation. Though we may wish for a utopian world where children are happy and free without any such threats to their innocent smiles, the reality is much harsher. And in this bleak reality, the Act does create a piece of solid legal machinery to deter criminals and bring the perpetrators before the hand of justice. Despite all of this, there are situations when the legislation is blatantly misused. This paper focuses on one such misuse of the POCSO Act. Over the many cases that have traversed the Courts under the aegis of POCSO, it is noted that in many situations, the children are made to raise false allegations, leading to false complaints being filed against innocent people who are painted as heinous offenders and their names dragged through the mud. This is often done to exact revenge, to influence other cases like matrimonial disputes, property issues, and so on. There is no doubt that such allegations are an abuse of the very ideals of justice. However, there is no denial of the increasing cases where such happenings are noted. This is a crucial problem that threatens the sanctity of the Act itself. It is pertinent to note that the possibility of false allegations being raised was also considered by the legislators and incorporated into the POCSO Act. Several provisions of the legislation stamp responsibility on the people to inform any apprehension or knowledge they may have about the commission of such an offense. It is to be noted that no person shall incur any liability, be it civil or criminal for giving any such information in good faith as provided under S 19. However, S 22 makes scope for punishment where false complaints or false information is given. A child in this regard is exempted. But a false complaint by any other, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both. In a detailed analysis of cases before the Supreme Court of India and the Kerala High Court concerning POCSO, several such instances were noticed. In Samsher Singh Verma v State of Haryana[1], the Court considered the possibility that the allegation might be false and thus allowed for the accused to adduce evidence in the form of a recorded conversation which would possibly reveal that the complaint had been brought up just to subdue the accused in a property dispute. In several cases, we find that an on-going matrimonial dispute might have prompted the parties to plaster false allegations on one another to get an advantage in the matrimonial spat. Some examples of this are- Jaseer Aboobaker v State of Kerala[2] where it was argued that the false allegations were made to influence the granting of visitation rights to the father. The Court opines that ‘serious allegations have been leveled for securing a favourable order in the petition for custody pending before the Family Court cannot be nonchalantly brushed aside.’ In Anu P. Kumar v State of Kerala[3] where it was alleged that the father had sexually assaulted his 15-year-old daughter, the allegation was countered by the accused as being false and fabricated in a plot to seek revenge by his wife with whom he was having a strained relationship owing to matrimonial disputes. Here, the Court takes into account the insubordinate delay in filing the case and several other facts and states that the delay of 19 months in registering the case is especially noted here and the HC, after a perusal of several SC judgements in this regard finds that ‘often than not, result in embellishments and exaggerations, which are the creations of afterthoughts. The delayed report, not only gets bereft of the advantages of spontaneity, but the danger of introduction of coloured versions exaggerated account of incidents or a concocted story as a result of deliberations and consultation also creeps in, which in turn would cast very serious doubts on the very veracity of the prosecution story.’ Another compelling case is that of Suhara and Ors. v Muhammed Jaleel[4] where the Court directly addresses this issue when it says -‘there is a growing tendency in the recent years to foist false crimes against the biological father alleging sexual abuse of own child misusing the provisions of the POCSO Act when the serious fight for custody of ward is pending resolution before the Family Courts.’ It thus urges much caution and detailed examination of the facts and circumstances to completely eliminate the possibility of a false allegation. Let us consider the case of Varun Bansal v Vibha Bansal[5] where the parties had obtained a divorce and the mother had custody of their girl child. The father had visitation rights but had preferred a petition to seek overnight custody of the child. During the course of the case, the Court finds that the child was repeating whatever was taught to her by the mother. It seemed that the mother was intent on ensuring that the father didn’t get custody of the child alleging torture and harassment against him. The pitiful situation where parental indoctrination forces young children to see their own parents as their enemies are seen here. The Court holds that- ‘The parents only caretakers and they have no statutory right to have the custody of the child. The paramount consideration is the welfare of the child. It is up to the Court to protect the child's interest. The parents are not supposed to use the child for getting a win over others, especially to book POCSO cases against the father. In our view, the Court has to take much care in analysing the allegations raised against the father of the child.’ Similarly, in the case of Swarup Mohan v State of Kerala[6] where the alleged victim was the 13-year-old son of the accused and where the relationship between his parents was strained, the facts and circumstances raised a high probability that this was a false allegation made by making the child a tool in the hands of his mother who had her own ends to achieve as she wanted to live with her current partner in peace after obtaining the divorce. The Court sums it up thus- ‘the complaint is full of incongruities and embellishments. The long delay in setting the law in motion and the events that transpired in between persuades me to conclude that it would not be advisable to place explicit reliance on the statement of the victim. A case of false implication of the applicant cannot be ruled out.’ Children are taught by scheming adults to lie convincingly and to believe that they are indeed the victims of a heinous crime that never occurred. Ramlal N.R. v State of Kerala and Ors[7] was another case where a false complaint was registered against a school van driver where the facts itself combined with the statement of the eyewitnesses seemed to reveal the falsity of the allegation. When questioned by the Court as to the veracity of her complaint, the victim reveals that a police official had tutored her to alter her statement as her original statement (that the accused had hit her hand using his shoulder) would not have invited any punishment. The Court laments that the real victim in such cases where false allegations are raised are the alleged accused themselves. In Periyadinesh v State of Kerala and Ors[8] the accused argues that that the allegations so made were false and baseless and had been ‘made out of misunderstandings in the mind of the young child and that the parents of the child have now sworn to affidavits stating that the allegations are made out of misunderstandings and that they have no objections in the grant of bail to the petitioner, etc.’ Since this was a bail petition it is not discernable what the final outcome of the same might have been. It seems to be a blatant abuse of law and of the innocence of young children and an act aimed at demeaning the very purpose of this legislation. However, we can see that Courts have taken a vigilant stance against this growing menace and have tried to weed out the possibility of false allegations without threatening justice due to the victim or the alleged perpetrator. But it still remains an urgent need to curb this detrimental practice. For one, harsher punishments may be prescribed for making false allegations that are raised based on pure malicious intent. This needs to be done with caution, however, as it might invariably end up discouraging the active reporting of such crimes. Further, Courts have to delve deep into the facts and circumstances and all the pertinent details concerning the alleged crime and the relationship between the concerned. The training manuals and handbooks as drawn up by the relevant authorities need to take this factor into the mind and develop holistic investigative or procedural safeguards to ensure that false allegations do not pass through the sieve of the law. Employing psychiatrists and other such professionals to discern the behaviour of the child and understand whether the child is speaking the truth or not might help in this regard. Educating judges and other legal professionals on the psychological basis of lying, common markers to identify lying, and effective methods of questioning and arriving at the truth are other ways by which we can ensure the same. The misuse of even the most stringent legislation to meet one’s personal motives, mostly negative, has been an evident problem in our legal system. POCSO too has turned out to be no exception. But the very aim of the Act is to provide for a strong framework to deal with the menace of child sexual abuse and bring the perpetrators before the strong hand of justice. So long as the crime continues, the law must stay put. In the meanwhile, in order to ensure that the true meaning and purpose of the Act is not lost out through the blatant misuse of the same, measures have to be evolved and strictly implemented to completely eradicate the menace of false allegations and the disastrous consequences that flow from it. References [1] Criminal Appeal no 1525 of 2015 [2] MANU/KE/1930/2018 [3] MANU/KE/5705/2019 [4] Mat. Appeal. Nos. 182 and 198 of 2019 [5] MANU/KE/2857/2019 [6] Bail Appl. No. 7981 of 2018 [7] Crl. M.C. No. 5129 of 2019 (A) [8] Bail Appl. No. 6080 of 2019 (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.)

Moiz and Maaz Akhtar Hashmi, 5th Year, Faculty of Law, Aligarh Muslim University, Aligarh INTRODUCTION Children make up a huge and basic segment of the population on the web. Indeed, they will in general be more agreeable and capable with electronic gadgets and applications than numerous grown-ups. However, regardless of whether youngsters are to some degree master clients of web innovation and mindful of the two dangers and methods of managing them, they actually don't have development in the feeling of having the option to assess the circumstances they experience and the potential results their activities can have on the web. Children are among the most dynamic web clients and are lamentably subject to various dangers. They spend a lot of their time on the web. The web, being a puzzling spot, opens kids to the clouded side of the world. CYBERCRIME AND CHILD ABUSE Children are the most vulnerable part of society and are handily misused in the digital world because of the absence of a majority level in them. Nowadays it is seen that even sexual abuse of the kids has begun on the web. The wrongdoers talk online with small kids by wrongly expressing/addressing their age and draw them towards sex. With these most recent advancements it has gotten exceptionally simple for the criminal to contact kids. Kids are handily abused by online lawbreakers due to their age and larger part as well as they intensely depend on systems administration destinations for social connection. Wrongdoers utilize bogus characters in talk space to draw casualties for individual gatherings. This prompts kid misuse and abuse, for example, trafficking and sex tourism. The kid never knows the individual with whom the person is talking. CYBER BULLYING Cyberbullying is mostly done through web-based media destinations and is lamentably common in this day and age, and causes the same amount of harm as some other type of tormenting. This is perhaps the most provoking danger to manage as a parent. Indeed, even any video which comprises terrorizing and looks to urge obscure individuals to disturb others can likewise go under the extent of cyberbullying. CYBER GROOMING Practice where individuals build up a passionate association with kids via web-based media stages with the goal of acquiring their trust so they can explicitly mishandle them. This is generally regular with young teen ladies. CYBER EXTREMISM Cyber Extremism is a rising worldwide issue with non-state entertainers progressively utilizing the internet and web-based media to advance, proliferate and actualize radicalized perspectives, possibly compromising the security and respectability of countries. While the free progression of data is the sign of a popularity based society, incendiary or revolutionary data has the capability of exasperating a genuine or saw feeling of underestimation and mistreatment, prompting fights, viciousness and demonstrations of dread by people and gatherings. Coordinated non-state entertainers are additionally known to be effectively radicalizing youngsters and youngsters on the internet. The appearance of digital fanaticism has brought to the front line some important, lawful, strategic and administrative issues that should be tended to go through worldwide digital lawful structures. The non-appearance of peaceful accords on digital fanaticism and the different public ways to deal with digital law are likewise requirements to the foundation of network safety at the worldwide level. The danger of youngsters and youngsters being instilled and radicalized is expanding because of the genuine danger psychological warfare stances to worldwide security. Non-state entertainers might not have set up a huge presence in India, however are known to have radicalized a few adolescents. ONLINE SEXUAL HARASSMENT The inspiration and recurrence of activity, absence of assent and sexual, abusive or threatening substance defines lewd behaviour which includes sending unwanted substance to an individual and additionally posting unseemly substance about that person in the internet. A harasser who utilizes undesirable sexual thoughtfulness regarding a casualty online frequently, means to request sexual participation from his/her casualty, either on the internet or face to face. The harasser may utilize individual correspondence to pass on undesirable and unwanted messages straightforwardly identifying with sex and additionally sexuality. REVENGE PORNOGRAPHY In April 2015, a 21-year-old man was booked by the police in the Nargol village of Valsad (Gujarat) for allegedly spreading photographs of his teenage ex-girlfriend in compromising positions on popular social media websites. The pictures were reportedly taken on a mobile phone but were posted by the accused when the girl’s parents were reportedly looking for a groom for the girl. The accused was charged with molestation under different sections of the Information Technology Act and the Protection of Children from Sexual Offences Act. INTERNET ADDICTION: A REALITY OR A MYTH? In a recent case from India, two gaming-addicted brothers required a month of rehabilitation in the ward of the Ram Manohar Lohia Hospital in New Delhi. Several reports and articles in the media, which have been suggesting an increase in cases of internet and gaming addiction, highlighted this case as an example of the perils of children spending excessive amounts of time on online gaming. UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC) The United Nations Convention on the Rights of the Child (UNCRC) characterizes Child Rights as the basic privileges and opportunities that ought to be present for each citizen beneath the age of 18, paying little mind to race, national origin, colour, gender, language, religion, opinions, origin, wealth, birth status, disability, or other characteristics. These rights develop opportunities for youngsters and their social equality, family climate, vital medical services and government assistance, training, recreation and social exercises and extraordinary security measures. The UNCRC traces the central basic liberties that ought to be stood to kids in four expansive characterizations that appropriately cover all affable, political, social, economic and social privileges of each child. LAWS FOR PROTECTION OF CHILD RIGHTS IN INDIA The law implementation offices make a legitimate move according to arrangements of law against people associated with computerized sexual misuse/maltreatment of child. The Information Technology (IT) Act, 2000 has satisfactory arrangements to manage prevailing cybercrimes. Section 67B of the Act explicitly gives tough discipline to distributing, perusing or communicating child sexual entertainment in electronic structure. Further, Section 354A and 354D of Indian Penal Code give discipline to cyber harassing and cyber stalking against ladies. The Protection of Children from Sexual Offences (POCSO) Act, 2012, is an essential piece of legislation that specifically addresses sexual offences committed against children. POCSO criminalises cybercrime against children, including child pornography, cyber stalking, cyber bullying, defamation, grooming, hacking, identity theft, online child trafficking, online extortion, sexual harassment, violation of privacy. THE PERSONAL DATA PROTECTION BILL 2019: ARRANGEMENTS ENSURING A CHILD’S ONLINE INFORMATION The public authority after an extensive stretch of time, postponed its first The Personal Data Protection Bill, 2019 in the Parliament in December 2019. The individual information assurance charge looks to ensure the individual information of the individual and foundation of an information insurance expert for the equivalent. Chapter IV of the Personal data protection bill gives arrangements to the handling of individual information and sensitive individual information of the kids. The personal data protection bill was postponed in the parliament in December 2019 and in January the Covid19 pandemic hit the Indian region, so the personal data protection bill is under seclusion. It will be again tabled before the "Parliament" trailed by official consent to turn into an enactment. STEPS TAKEN BY THE GOVERNMENT Ministry of Home Affairs dispatched a plan named 'Cyber Crime Prevention against Women and Children (CCPWC)' under which an online National Cyber Crime Reporting Portal, (www.cybercrime.gov.in) was dispatched on 20th September 2018 to empower the general population to report cases relating to child pornography/kid sexual maltreatment material, assault/assault pictures or explicitly express substance. This entryway engages people in general to hold up grievances secretly or through the "Report and Track" alternative. CONCLUSION The ascent of online web exercises in the cutting edge time has welcomed various dangers on the online security of the children. Without tough lawful arrangements, the insurance of such privileges of youngsters appears to be a sunshine dream. Nonetheless, after the increment in online wrongdoings like cyber bullying, phishing, stalking and the data leak, the public authority turned into a little restless and proposed a data protection bill for the assurance of right to the online protection of the individual. On the off chance that bills appear to be too short to even think about possessing the appropriate arrangements for child’s online security assurance, the government ought to have outlined the different, needed, efficient and effective bills in countries like the USA and China. (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.)

Kritika Vyas and Saloni Bhambi, 4th Year, ILS Law College, Pune “Child marriage is an affront to human dignity and well-being and an impediment to sustainable development” - Lakshmi Puri, UN Women Deputy Executive Director Marriage is the primary arrangement to form a family between a man and a woman. Since we are land with a fusion of religions, the pious rights and rituals vary. However, a common pattern that can be seen is the widespread child marriages in India. According to the Prohibition of Child Marriage Act, 2006, the minimum age of the man is 21, and the woman is 18. Statistics show that 45% of married women fall in the bracket of a child bride and 10% of men were underaged when they were coerced into holy matrimony. Child marriage evokes imprisonment of the children in a forced marriage without their consent. Hindu Marriage dictates the marriage null only if the bride was married before the age of fifteen years and challenges it in court before she turns eighteen. After she attains the age of eighteen, her marriage is valid in the eyes of law. There are also no provisions to punish the parties and guardians who solemnized the marriage. There is no bar to child marriage under the Shariat Law. The age of marriage is when they attain puberty, which is usually fifteen years. They do however have Khyar-ul-bulugh or also known as the “option of puberty” by which on obtaining the age of puberty, can repudiate their marriage. The Indian Christian Marriage Act allows the commencement of the marriage of minors if no objections have been raised in the period of fourteen days. The root cause of child marriage may be cultural, social, economic, or religious. Poor families use their children as a means to settle their debts or earn bride prices or dowry in exchange for marriage. Hence the young bride is now in the cycle that ensures that she is never made aware of her rights, is not properly educated, and can never be independent. Child marriage increases the discrimination and disparity between genders. According to studies, in cases where the girl was underage when she got married, she was more likely to get inflicted with domestic violence, marital rape, deprivation of food, lack of education, no right to healthcare, and basic necessities. In patriarchal societies like that of India, preservation of the girl’s virginity is held as a priority. Child marriage therefore will ensure that the girl’s virtue is protected, robbing her of her self-respect instead. Child marriages lead to more pregnancies and health complications, as the young bride does not have adequate knowledge, nor does she have someone to guide her. The girls have to hence go through the physical pain of having sexual intercourse when their sexual organs have not matured for the situation they are presented in. Lack of access to contraception at an early age causes her to be trapped in several unwanted pregnancies. A male child is desired, and so she is forced to have as many times as she can till she finally brings an heir to her husband. In most marriages, it is the bride who is underage and has to blindly obey her bridegroom who is an adult with a considerably large age gap between the two. She does not usually have the right to make any decision regarding her children and is treated indispensable by her entire family. Child marriage is therefore more abusive to the girl than it is to the boy. However, that does not negate the fact that both the kids involved in this are exploited and robbed of their innocence. LEGISLATIONS - PAST AND PRESENT The Child Marriage Restraint Act, 1929 also called the Sarda Act (after its sponsor Har Bilas Sharda), was a law enacted by the British government which was the first secular law towards curbing the menace of child marriage by restricting the practice. Its goal was to eliminate the risk placed on young girls who couldn’t handle the strain of married life and avoid early deaths. To make the Act more effective the law was amended in 1978 by raising the minimum age of marriage by three years i.e. from 15 to 18 years in the case of girls and from 18 to 21 years in the case of boys. It only prescribed punishments for an adult male who married a minor and the parents who promoted such marriages but the punishment was very less, and the fine was of a very small amount. The Act had provisions only for restraining the solemnization, not for prevention or prohibition of child marriages i.e. by itself, it did not make the marriage void. Nevertheless, the Act largely remained a dead letter and also failed to achieve its objective. This was largely due to the fact that the colonial British government did nothing to promulgate awareness of it, especially in villages and smaller towns of India.[1] As a result of the ineffectualness of the Act, new legislation was enacted to replace it in the form of the Prohibition of Child Marriage Act, 2006. The Act envisages preventing child marriages with stringent measures; it kept the ages of adult males and females the same as the previous Act but made some significant changes to further protect the children. The children forced into child marriages as minors have the option of making their marriage void up to two years after reaching adulthood, and in certain circumstances like if the child is enticed away from his/her lawful guardians or if the consent is obtained by fraud, deceit or and if the sole purpose is to use the child for trafficking or other immoral purposes, the marriage would be void. All valuables, money, and gifts must be returned if the marriage is nullified, and therefore the girl must be provided with an area of residency until she marries or becomes an adult. Also, children born from child marriages are considered legitimate, and the courts give parental custody with the children's best interests in mind. The law prescribes punishment to an adult male for marrying a child and also requires providing maintenance to his minor bride till her remarriage. It also provided for the appointment of a Child Marriage Prohibition officer whose duties are to prevent child marriages and spread awareness regarding the same. But there is no provision in the law to stop a child bride from living with her husband and from being sexually abused apart from other forms of abuse. The Supreme Court of India gave a landmark judgment (Independent Thought vs. Union of India) in October 2017 by criminalizing sex with a child bride, hence removing an exception in India’s criminal jurisprudence which had until then accorded legal protection to men who raped their minor wives. In 2020, the government-appointed task force proposed to increase the age of marriage for women from 18 to 21 for the purpose of making uniform age for marriage and which will also enormously benefit women on social and economic fronts. SOLUTIONS AND SCHEMES Though child marriage is an outcome of deep-rooted traditions of the patriarchal society, this doesn't mean that it is sacrosanct and unchangeable. The government has introduced several schemes to ensure the protection of children from this system. They need to be explained that girls are not their economic burden, and when given the opportunity to pursue education, they can help their family by holding their own weight in the family income. Providing economic support to families suffering from poverty is a step in the right direction to curb child marriage. Dhanlakshmi was introduced in 2009 as a conditional cash transfer scheme. Empowering young girls will give them a sense of self and awareness of their legal right to refuse marriage, and get educated on health and sex education. The Rajiv Gandhi Scheme for Empowerment of Adolescent Girls was introduced in the year of 2010 for the holistic development of girls aged 11-18 years in 205 selected districts. Religious leaders play an important role in guiding their community, and their resistance towards a cause can change the attitudes of their devotees. Although interception of child marriage is better, there are young girls who are already in the system. It is essential to educate them on their reproductive rights, contraceptives, and healthcare. By allowing women to speak and make decisions for women, harmful traditions which affect their rights, the men are compelled to listen. CONCLUSION Hence, marriages within all communities should be registered mandatorily. Awareness of the benefits of education needs to be given to guardians and girls alike to challenge this discriminatory practice and its ill effects. The Government should keep introducing new schemes that are widespread, and their efforts have been a good step forwards in curbing this malpractice. Reference(s) [1] PANDIT JAWAHARLAL NEHRU, AN AUTOBIOGRAPHY (Penguin Books India 2004) (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.)

Ashutosh Anand and Kaustubh Kumar,1st Year, National University of Study and Research in Law, Ranchi INTRODUCTION In biological terms, a child (plural children) is a human being between the phases of birth and adolescence or between the developmental period of infancy and teenager. Children have similar general human rights as adults and addition to that, specific rights that acknowledge their particular needs. Children are neither the helpless objects of charity nor are they the property of their parents. They are human beings and subjugated to their rights. According to the Convention on the Rights of the Child (CRC), 1989, the definition of a child is "any human being below the age of eighteen years, unless under the law applicable to the child, the majority is attained earlier." Children's rights comprise their right of human identity, association with either parent in addition to the basic needs for food, universal state-paid educational facilities, healthcare facilities, physical protection, and criminal laws suitable for the age and development of the child, equivalent protection of the civil rights of the child, and freedom from discrimination and differentiation based on the child's gender identity, sexual orientation, race, colour, nationality, disability, ethnicity, caste, and creed, or any other characteristic. The onus of safeguarding and sheltering the child rights is on the government in particular and society in general. Despite this, protection and penalizing mechanism for violation of child rights rest on the judiciary's shoulders. Indian judiciary actively played a crucial role in protecting child rights and sometimes come forward with new innovative ideas to prevent child abuse, child trafficking, etc. RIGHT TO EDUCATION versus CHILD LABOUR Child labour and the Right to Education are the two faces of the same coin. If a child is indulged in child labour, then he cannot get a quality education, or even if he performs both things simultaneously, then it will turn out to be mental as well as physical torture for the child. Hence, the Constitution of India restricts child labour in hazardous industries in Article 24, while Article 21A, 45, and 51A(k) together impose a duty on the state and parents for a child's education. The Supreme Court in Unni Krishnan J.P. & Ors. vs. State of Andhra Pradesh & Ors.[1]declared that the right to receive education by child workers is an integral part of Article 21. Although, this right is not absolute. Its parameters and contents have to be determined and inspected in the light of Articles 41 and 45. Every citizen of India has a right to free education until he attains the age of fourteen years. Henceforth, his right to education is subject to the development of the state or his own limits of economic capabilities. Child labour is the malice that deprives children of their childhood and happiness and places harsh responsibilities on their soft shoulders. Child labour harms a child physically, mentally, emotionally, and socially. In M.C. Mehta vs. State of Tamil Nadu,[2] the Supreme Court considering child labour prevalent in India, stated no children should be employed in hazardous works for manufacturing matchboxes and fireworks. The apex court also directed the government to take positive steps for the betterment of such children. Similarly, in Goodricke Group Ltd vs. State of West Bengal,[3] the Supreme Court held that it is on the Central government and State or Union Territory governments to raise necessary resources for providing free education. It is generally seen that poor parents strive to increase their family income by employing their children. While considering it in Salal Hydro Project vs. Jammu and Kashmir,[4] the apex court stated that child labour is an economic problem. So, it is not feasible in prevailing conditions to prohibit child labour. The Court further noted that to eliminate child labour, it is necessary to eradicate poverty and destitution first. CHILD SEXUAL ABUSE In 2006, a petition was filed in the apex court on the issues of exploitation, abuse, and inhuman treatment of children in the circus industry. After observing this, the Supreme Court ordered the government to bring a circular prohibiting the employment of children in circuses.[5] Accepting the submissions made by the Solicitor General, the Court further directed the government to rescue the children already working in circuses by conducting raids and formulate a proper policy for their restoration. In Vishal Jeet vs. Union of India,[6] the Supreme Court came across a petition seeking directions to the Central Bureau of Investigation to “bring all inmates of the red-light areas and also those engaged in 'flesh trade' to protective homes of the respective States and 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.”[7] The petition further mentioned bringing the children of those prostitutes and other children found begging in the streets, and the girls pushed into 'flesh trade' to protective homes and then to rehabilitate them. Though the apex court rejected the petitioner's request, it issued directions to the state and central governments directing them to take appropriate and speedy action to eradicate child prostitution. The Court also directed respective governments to set up rehabilitative homes with well-trained social workers, psychiatrists, and doctors. Taking into account the plight suffered by the children of the prostitutes, the apex court in Gaurav Jain vs. Union of India[8] stated that the children of the prostitutes also have the right to protection, care, dignity, equality of opportunity, and rehabilitation similar to any other citizen of this nation. To rehabilitate them and make them also a part of the mainstream society, the Court formulated a scheme and constituted Child Development and Care Centres (CDCC) along with their advisory and monitoring committees at Central, State, and Local levels. SUPREME COURT ON OTHER ISSUES RELATED TO CHILD RIGHTS In India, before the case of Laxmi Kant Pandey vs. Union of India,[9] there was an absence of regulation on children's intercountry adoptions in India. This case highlighted the malpractices and exploitations committed on children in the veil of intercountry adoptions. Since this judgment, international adoptions started following the regulations of the Guardians and Wards Act, 1890. In 2015, in Roxann Sharma vs. Arun Sharma,[10] the Supreme Court dealt with the custodial rights of a child. In its landmark judgment, the Court ruled that the child's custody below five years of age should be given to the mother unless the father proves that the child's custody to a mother would hinder the child's upbringing. The Court also added that the burden of proof would lie on the father to prove that the mother is not suitable for the child's custody. Furthermore, in Gita Hariharan vs. Reserve Bank of India,[11] the apex court viewed both father and mother as the child's natural guardian. The Court remarked that the father, by reason of a dominant personality, cannot be ascribed to have a favoured right over the mother in the matter of guardianship since both fall within the same category. In Hardev Singh vs. Harpreet Kaur,[12] the apex court, while considering the rights of a child to marry, ruled out that a male between 18 to 21 years cannot be punished for contracting a child marriage if a female is an adult. The Court observed that "The intention behind punishing only male adults contracting child marriages is to protect minor girls."[13] Moreover, the SC mentioned that neither does Section 9 of the Prohibition of the Child Marriages Act, 2006 punish a woman for marrying a male child, nor a male child for marrying a woman. CONCLUSION The recent cases cited above and the old precedents depict a crystal-clear picture of how judiciary time-to-time actively came forth and helped children by interpreting various statutes in a child-friendly manner and directing the government to take cognizance of social ills prevalent in the society that harm a child's well-being. Nelson Mandela's words, "there can be no keener revelation of a society's soul than the way in which it treats its children," shows how society affects the well-being of a child and develops him mentally, physically, and socially to live a life. Nearly 41% of the population of India is under-eighteen years of age that accounts for the largest child population in any country. To help such a vast population of children, there is a dire need for huge machinery and infrastructure. Therefore, not only the judiciary but also the other institutions of the state like the executive and legislature shall strive to bring every child in the ambit of welfare so that they too can enjoy and avail themselves of their rights and privileges. In this way, the children, as well as the society, will develop and help further in the overall development of the nation. References [1] Unni Krishnan, J.P. v. State of A.P., (1993) 1 SCC 645 : AIR 1993 SC 2178 [2] M.C. Mehta (Child Labour matter) v. State of T.N., (1996) 6 SCC 756 : 1997 SCC (L&S) 49 : AIR 1997 SC 699 [3] Goodricke Group Ltd. v. State of W.B., 1995 Supp (1) SCC 707 : (1995) 98 STC 32 : (1995) 50 ECC 138 [4] Salal Hydro-Electric Project v. State of J & K, (1984) 3 SCC 538 : 1984 SCC (L&S) 577 [5] Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1 [6] Vishal Jeet v. Union of India, (1990) 3 SCC 318 [7] Id. [8] Gaurav Jain v. Union of India, (1997) 8 SCC 114 [9] Laxmi Kant Pandey vs. Union of India, 1984 AIR 469 [10] Roxann Sharma v. Arun Sharma, (2015) 8 SCC 318 [11] Githa Hariharan v. Reserve Bank of India, (1999) 2 SCC [12] Hardev Singh v. Harpreet Kaur, 2019 SCC OnLine SC 1514 [13] Id. (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.)

Kaustubh Kumar, 1st Year, National University of Study and Research in Law, Ranchi INTRODUCTION Children being the future asset of a nation play a crucial role in the development of the future well-being of any nation. Since time immemorial, children are exploited and forced to perform menial tasks as even in Manusmriti child labour is mentioned as a practice during that period. During colonial rule, though the British government enacted various legislations to disparage the practice of child labour, its unsuccessful implementation led to bear no fruit. But the Indian lawmakers analysed the situation and strived to help children in getting basic necessities of life by adding provisions in the Indian Constitution so that they may also live a peaceful and prosperous life. The term ‘child’ is not defined in the Constitution, but various legislations define it accordingly as per their purpose. The Article 1 of the United Nations Convention on the Rights of Child defines child as ‘every human being below the age of eighteen years unless, under the law applicable to the child, the majority is attained earlier.’ The framers of the Constitution were fully aware of the fact that the future of any nation depends on upcoming generations and for that it is necessary to protect them from exploitation. The founding fathers achieved this by enshrining various rights and principles in the constitution as well as imposing the duty on the state to look after the welfare of the child. PROVISIONS IN INDIAN CONSTITUTION SAFEGUARDING CHILD RIGHTS To safeguard the rights of children and protect them from any exploitation, the first article that the constitution includes is Article 14. It states that the state shall treat every individual, including children, equally before the law and provide equal protection without discrimination. Article 15(3) prohibits discrimination, but it also states that it shall not prevent the state from enforcing any special provision for the benefit of women and children. Article 21 provides that no individual shall be deprived of his life or personal liberty. Every person has the right to shelter, adequate food, shelter, etc. While Article 21A provides the right to education to every child and makes a duty on the state to provide free and compulsory education to each child from age group six to fourteen years or the state may determine it by law. Article 23 in Part III prohibits the trafficking of human beings and beggars or any other form of forced labour. As well, Article 24 prohibits employing children under fourteen years of age in a factory, mine, or in any other hazardous employment. OBLIGATORY PRINCIPLES ON STATE RELATING TO CHILD RIGHTS The Constitution of India also imposes some obligations on the government of India to make the social and economic conditions better so that people may live a happy life. According to Article 39(e), the state shall ensure that the tender age of children is not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. While Article 39 (f) states that children must be given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity. It must be ensured that childhood and youth are protected against exploitation and moral and material abandonment. As per Article 41, the state is obliged within its economic capacity and development to secure provisions for educational opportunities and facilities. Article 45 which is related to Article 21A also states that the state shall provide free and compulsory education to children till they attain fourteen years of age. Moreover, Article 46 imposes a duty on the state to promote with special care the educational and economic interests of scheduled castes, scheduled tribes, and other weaker sections of the society hence, including children. According to Article 47, the state must raise the nutrition level, living standard and improve public health, including that of children. Moreover, Article 51(c) states that the international conventions should be respected, as well, to every possible extent by the state, including the Child Rights Convention as well as its Optional protocols such as the Optional Protocol on Sale of Children, Child Prostitution and Child Pornography, Optional Protocol on the Involvement of Children in Armed Conflict, and Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure. The Constitution in addition to all these rights and principles, in Article 51A(k), imposes a duty to provide education to each child or, as the case may be, between the age of six and fourteen years on every citizen of India who is a parent or guardian. TOO MANY RIGHTS AND DUTIES BUT STILL CHILDREN SUFFER Although the Constitution provides rights and imposes various duties on the state, the children still face different problems and get exploited. Some of the issues are: Health Issues: Health is a huge concern in India. It can be deciphered from the infant mortality rate (30.924% in 2019) i.e. worse than its neighbouring nations like Bangladesh, Bhutan, and Sri Lanka. Although India is economically stronger than these countries, in 2018 – 19, it spent just 1.5% of its GDP on Healthcare. Another concern is diseases like Diarrhoea and Anaemia. More than 50% of children and women are anaemic in 13 States/UTs. According to NFHS-5, anaemia among pregnant women increased in various States/UTs, despite an increase in IFA tablets consumption. Children also face HIV infections, lack of safe drinking water, and inadequate sanitation. Education Issues: According to a UN report, India has the world’s largest population of illiterate adults (287 million), amounting to 37% of the world population. India also faces a problem of unequal distribution of state funds for literacy, in Kerala, around $685 per year per person gets spent, while in Bihar, it is nearly $100. Girl child education is also a crucial issue that requires investment and social awareness. In Female Literacy, India ranks 115 out of 157 countries in the world. Violence, Abuse, and Exploitation: Asian Centre for Human Rights reported in a finding that sexual offenses against children were at an “epidemic” level in India, stating 336% increase in child rape cases from 2001 to 2011. According to data of NCRB, in 2015, 94,172 incidents were reported, against children which is 5.3% greater than the incidents reported in 2014. Another report states 1.83 million children die every year before five years. There is high inequality in state mortality rates as in Kerala (urban – 3.5 and rural – 5.2) it is much lower out of 1000 than Bihar (urban – 43.1 and rural – 47.3). 117 million girls go missing in India due to selective sex-abortions. Moreover, India ranks fifth with the most skewed sex ratio. Identity Issues: Children are restrained from opting for their identity and expressions. Though the UN convention on child rights provides the right to no discrimination against sexual orientation, the LGBTQ+ community in India has been discriminated various times. To end this practice, the Supreme Court struck down Section 377 that criminalized few sexual acts.[1] From this ruling, the deprivation, bullying, harassment, isolation, and violence faced by LGBTQ+ children got legally dismantled. CONCLUSION AND REMEDIES FOR EFFECTIVE IMPLEMENTATION Though the Constitution of India makes the duty of the state to provide nutrition and a healthy environment to a child, underprivileged children and children living in rural areas hardly get benefit from these schemes and programs of government. The government from its various schemes and initiatives like National Health Mission, Mid-Day Meal, National Nutrition Mission, Integrated Child Development Services, etc. striving to bring children into the mainstream and facilitate them by providing various opportunities to develop. The government is trying its best, but it lacks Mass or Public Sensitization. As ‘Charity begins at Home’, the government should sensitize the public by making them aware of schemes and benefits that they will get from the government as well as from their child in the future if they make him/her study. The government should spread awareness by sensitizing advertisements through electronic media that shall affect the public at large in a good manner. If society does not take part, then nothing can be achieved. The New Education Policy 2020 introduces 6% of GDP to be used by the Centre and States together in the education sector to increase the public investment. It will help in setting up good-quality infrastructure and facilities. The government, considering the rights of children, should also end all discriminatory legislation or renovate them. There are various other legislations to bolster these rights enshrined in the Constitution, but successful implementation is the need of the hour. According to the Constitution, promoting children’s rights is a government priority. Despite this, children continue to face various issues in getting the benefit of these rights, prominently that relates to education, child marriage, and forced labour. Children make up nearly 39% of the 1.21 billion population of India, it is crucial that the rights of these children are met. Reference(s) [1] National Legal Services Authority v. Union of India, (2014) 5 SCC 438 : 2014 SCC OnLine SC 328 : (2014) 3 CTC 46 (SC) : (2014) 2 KLT 378 : (2014) 209 DLT 38 : (2014) 4 ALD 125 (SC) : AIR 2014 SC 1863 (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.)

Jay Gajbhiye and Saransh Saxena, 2nd Year, National Law University, Odisha INTRODUCTION In the modern progressive approaches adopted by various governments of nations to enhance the developmental mechanism, throughout several decades, various groups and sections of people have experienced different sorts of benefits as well as drawbacks. Now, if we take a look at the ratio of benefits entailed, the section of disabled people is one of the most underprivileged ones. But most importantly, our point of view in this research analysis shall only be categorized towards the deprivation of rights and benefits, especially for disabled children. In a general sense, the discussions on the issue of human rights available to disabled children mostly revolve around the educational understanding, with a vision as to even if a child suffers from some of the other kind of disability, he/she shall not be deprived of any of the educational rights made available to the normal children. With the vision being appropriately in place, however, just as other developing nations, India hasn’t adopted much of a progressive ideology for the betterment of children with disabilities. Not only limited to educational rights, but disabled children are also unfortunately considered a non-deserving section in the society, wherein they are also not provided basic human rights made available to similar children not facing any kind of disabilities. HISTORICAL & PRESENT SITUATION Many of the times where one section of people feels to be disadvantaged in society with the non-entailment of some of the other rights and benefits, the sole blame for the non-compliance of equality is imposed on the government. The basic thinking of people is confined to the idea that the complete responsibility of the well-being in the society is only of the government, and the people presiding on higher positions. The reason behind disabled children being considered as a disadvantaged section is not only because of any legislations not framed for their benefit but also as a result of the non-acceptance of the disabled children to be the part of the society just as other normal class of people. When the general society considers them to be different from the rest, the disabled group at that very point only falls in the disadvantaged category. First and foremost, to make sure that the disabled do not feel excluded from the normal people in the society, the government of India has set up a special department under the Ministry of Social Justice and Empowerment, known as the Department of Empowerment of Persons with Disabilities (Divyangjan). This departmental set up by the government makes sure that all the acts and legal provisions brought up by the government are properly enforced, in addition to organizing all sorts of schemes, programs, and events which shall improve the hospitable conditions of the disabled in the society. With special reference made to the initiative of the government, although the department being in force priorly, its working was boosted by the government through improving the status quo from ‘Disabled to Divyang.’ The applicability of the disabled rights in the system could also be justified through the constitutional reference wherein there are general as well as specific laws in place. All the articles which are made general such as Article 14, Article 19, Article 21, etc. contain the applicability of the said provision to normal as well as disabled people[1]. Furthermore, regarding disabled children, Article 21A[2] specifically mentions the right to education to children belonging to 6-14 years of age, including the children suffering from disabilities. DISABLED CHILDREN ARE SUBJECTED TO UGLY FORMS OF DISCRIMINATION Due to the disgrace connected with a disability, families become sufferers of oppression and human rights infringements. Where deprivation, physical abandonment, and societal marginalization collide, the effects on the differently-abled can be catastrophic. Disabled children are confined in their households, denying fair opportunities to movement, schooling, and jobs. They are seen as vulnerable individuals.[3] In some situations, such prejudice begins with family members and extends to decision-makers and state officials. As a consequence of such inequality, disabled children suffer persistent health problems, socio-economic pressures, and neglect. According to Indian legislation, all friends and relatives in the family are entitled to obtain their part of ancestral properties, however, in actuality, these privileges are withheld from the differently-abled. The siblings accept the liability for offering protection and enjoy the properties intended for the individual with disabilities. Family members fear that differently-abled children are ineffective in handling their land, they are deprived of their ownership rights and are rendered reliant on their competent siblings. Adverse of all would be when the families guarantee the ongoing state of the disability by rejecting care or any support so that the siblings could take advantage of the properties. IMPLICATIONS ON SEXUALITY OF A PERSON WITH DISABILITY Sexual orientation is a vital constituent of the general growth and self-esteem that matures in puberty. The differently-abled children are often at a specific limitation in this respect. There is a definite overprotective mentality towards the differently-abled child. Parents infantilize differently-abled children, suggesting that sex is solely for the competent one and has no significance to the disabled.[4] These parental viewpoints are passed down to the child in an implicit manner that makes him/her feel inadequate and incapable of affection. Parents of CWDs foster dependency and share the common public view of individuals with disabilities as inherently childlike, naive, and asexual. DISCREPANCIES IN STATE PROGRAM Differently-abled children come under the compass of the “Ministry of Social Justice and Empowerment”. Some problems, such as preventive and invigorating forms, are dealt with by the Ministry of Health. Nevertheless, no particular ministry took the authority for addressing the overall requirements of CWDs. Disability tends to decline in the “community service” sector. While attempts are ongoing to put this into the “rights” context, the thought mechanism remains driven by the charity method while delivering care to individuals with disabilities. As disability is a state concern, each state provides its policy, but neither of the states will see the comprehensive requirements of individuals with disabilities. Few states have been effective in raising consciousness among differently-abled individuals regarding responsibilities and prerogatives “(Tamil Nadu, Karnataka, and New Delhi)”, although others have lagged in enforcing many of the essential welfare benefits embodied in the “PWD Act of 1995. (Bihar, Maharashtra, Orissa, Uttar Pradesh)”. In Karnataka, the disability well-being division instituted workforce at panchayats such as Village Recovery Employees and Multifunctional Recovery Employees to address the needs of differently-abled individuals in their particular regions.[5] The related framework is implemented in other states. FUTURE COURSE OF ACTION Now while approaching the modern era of a globally competitive world, it is important to first raise the in-house standards through the development of effective manpower. With the future of the nation to lead further, it is important to not only consider normal children but to also address the concerns of disabled children. Henceforth, the need of the hour is to not only evolve the survival mechanism for the disabled in the competitive society but to develop an environment that doesn’t differentiate between the normal class and the disabled class of children. We need to understand that the sole ground of a disability of a person doesn’t impair his/her capability or intellectuality quotient. Despite that there are several legal provisions and acts in the system formulated by the government, what is now required is the societal acceptance of the disabled. Furthermore, the over-exaggeration of sympathy also sometimes worsens the situation, wherein they develop an opinion of being a victimized section of the society. The children suffering from disabilities require to be dealt with a different kind of behavior. At such a tender age, they shouldn’t feel to either be an under-privileged section of the society, or a feeling of rejection by the society should be developed. In this task, the educational institutions could play a very effective role in laying down the foundations. With the disability rights being a topic of concurrent lists, it is important for both the states as well as the union to develop separate educational institutions for the disabled, as well as to bring in reforms in the present educational system to include disabled children with the rest children only, to maintain a sense of equality. References [1] The Constitution of India, 1950. [2] Ibid [3] Janardhana N, Naidu DM. Stigma and Discrimination Experiences by Families of Mentally ill-Victims of mental illness. Contempt Soc Work J. 2011; 3:83–8. [4] Menon N, Parish S, Rose R, State of persons with disabilities in India, Edition 2012. [5] Janardhana N, Editor. Mental illness and disability. In: Handbook for the Multipurpose Rehabilitation Workers, NIMHANS Publication, 2012 (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.)

Hrishikesh Reddy Kothwaland, Shivang Mishra, 1st year, National Law University and Judicial Academy, Assam INTRODUCTION “No one leaves home unless home is the mouth of a shark.” These words were written by Warsan Shire in her well-known poem Conversations about Home (at a deportation center). This poem has been instrumental in capturing the essence of refugees in war zones. Among the worst victims of these conflicts are children who are often killed, maimed, orphaned, enslaved, or taken as child soldiers. In 2015, a photo of a 3-year-old Alan Kurdi who has washed ashore the Mediterranean Sea, along with his parents took the world by storm and brought renewed attention to the plight of children in conflict zones. Alan Kurdi and his family were trying to escape to Europe from war-torn Syria in a boat that capsized in the Mediterranean Sea. 357 million young girls and boys, that is, 1 in every 6 children in the world live in areas of war or armed conflict as reported by the United Nations. Article 14 of the Fourth Geneva Convention, 1949 provides for the set-up of hospital and safety zones for children under 15 but in reality children in these conflict zones often have only 2 options, either stay in the conflict zone, get exploited and risk the chance of death or try to escape via dangerous means where the chances of death are equally high if not more. These choices are not presented to the children, but they are forced into circumstances where these are their only options. THE PLIGHT OF CHILDREN IN AN ARMED CONFLICT The people who live in the presence of an armed conflict inadvertently become the worst victims of the ravages of war. Often, they have to go through sexual exploitation, mutilation, genocide, abduction, amputation, etc. The abundance of inexpensive arms has also contributed to the use of children as soldiers, as well as to high levels of violence once conflicts have ended. The Paris Principles on the Involvement of Children in Armed Conflict 2007 defines a child soldier as “any individual below the age of 18 years who is associated with an armed force or group or is used by an armed force in any capacity such as fighters, cooks, porters, spies, sexual purposes, etc”. Apart from the usual physical injuries that a child soldier sustains, their mental well-being is also adversely affected. They suffer from negative personality development, Post-Traumatic Stress Disorder (PTSD), and anxiety. Physical problems such as maiming, fistula, afflictions caused due to poor nutrition, etc also result in many psychological problems. The exploitation of female child soldiers is on two levels, where they are used as dispensable pawns in the battlefield during the day and as objects of sexual pleasure during the night. The abuse of children in an armed conflict is not limited to their use as child soldiers. UNICEF reports that 90% of the deaths due to armed conflicts since the 1990s have been civilians, out of which a staggering 80% are women and children. With the onset of an armed conflict, their schooling is stopped abruptly, they are orphaned and left without access to a proper shelter, food, and potable water. The children of the already marginalized groups face the worst effects of these conflicts. The consequences of these adversities haunt the children of their lives. Even after the conflict ends, the return to normalcy is next to impossible for the youngest victims of these bloody conflicts. INTERNATIONAL COVENANTS The United Nations Convention on Child Rights (CRC) is the most comprehensive document and on the rights of children. Article 38 of the Convention states that state parties have to ensure that the rules of the international humanitarian law applicable to them in armed conflict which are relevant to children are strictly enforced and article 39 states that parties should take all appropriate measures to promote physical and psychological recovery and social reintegration of any child victim of an armed conflict. The Fourth Geneva Convention of 1949 is another significant effort by the UN which gives specific safeguards for women and children who are recognized as the most at-risk groups among the vulnerable population. Articles 24-25 of the said convention provide for the care of children who are orphaned or separated from their families and articles 33 through 135 grant various rights such as access to proper medical facilities, protection from forced labour, protection from collective punishment or deportation, and respect of their customs, culture, and religion. The Declaration on the Protection of Women and Children in Emergency and Armed Conflict expresses deep concern over the sufferings of women and children belonging to the civilian population not only due to the international conflict and war but also internal strife. The declaration also condemns the adversities faced by children in purported noble causes such as the struggle for independence, liberation, national self-determination, etc. It calls upon the state parties to abide by the international conventions and human rights laws while condemning all forms of repression and cruel and inhumane treatment of children, be it in national or international conflict. It also invokes the Universal Declaration of Human rights and emphasizes the protection of inalienable rights of freedom and dignity of children. The exploitation of children in conflicts has not gone unnoticed by the international organizations, in particular, the overwhelming number of child soldiers had led the United Nations General Assembly to the adoption of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in 2000. This protocol which has been ratified by a majority of nations prohibits the involvement of anyone under the age of 18 years in any kind of armed conflict. Even the International Criminal Court in the case The Prosecutor v. Thomas Lubanga Dyilo held that the usage of any child under the age of 15 in a war would constitute a war crime. The adverse effects of a child in an armed conflict are widely known due to which UNICEF has repeatedly made efforts to remedy the situation such as 2014, “Children, Not Soldiers” campaign. The campaign was designed to generate momentum, political will, and international support to turn the page once and for all on the recruitment of children by national security forces in conflict situations and received immediate support from member states, UN, NGO partners, regional organizations, and the general public. Despite the international efforts the spine-chilling stories of Agnes, Mary, Ishmael Beah, and many more continue to make international headlines. CONCLUDING REMARKS The United Nations Convention on Child Rights is one of the most ratified human rights treaties in the world. Despite this, the international community has failed to protect the children in armed conflicts. The solution to this issue is not singular but is a multifaceted one. The international community has to bring together the various stakeholders of the issue such as the nations in conflict, the international organizations, and the members of civil society to develop multi-pronged solutions. Some efforts that can help can be- The commitment of States: the states should ensure that no child soldiers are involved in conflicts of any kind. Public services should not be stopped in any way for the children, and this includes humanitarian aid to the affected children. Access to justice for children should not be hindered so that they can present their stories and bring the perpetrators to justice. Providing psychosocial services: the international community should ensure that the local communities do not disintegrate. Developing mechanisms to provide psychological support to the child victims of war and awareness about healthy sexual behaviour and prevention of HIV and other STDs is also equally important. Monitoring and Oversight: Under Security Council Resolutions 1539 and 1612, the States should ensure that systematic and regular oversight, reporting, and monitoring of armed conflicts done by the United Nations covers all violations of child rights. This will help in coming up with specific strategies to counter the exploitation of children. Progressive attitudes: Certain regressive norms exist in the society, effects of which are exacerbated in conflicts. Many discriminatory attitudes result in marginalized communities being the worst victims of war. It is important that the spread of misinformation is contained, and progressive discussion is allowed so that the children can, without fear, express their concerns. International Sanctions: Any sanctions placed should not hinder the peacekeeping efforts in the state. Access to schools and hospitals should not be restrained in any way. It should be ensured that nutritious food and drinking water are provided at all times. In the world of our dreams, there would be no wars, but since it is a far-fetched reality, our current aim should be that innocent children do not become victims of conflicts and wars. (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.)

By Hitesh Pachauri and Vernit Tripathi, 3rd Year, New Law College, Bharati Vidyapeeth Deemed to be University, Pune Introduction “CHILDHOOD SHOULD BE CAREFREE, PLAYING IN SUN; NOT LIVING A NIGHTMARE IN THE DARKNESS OF SOUL”-DAVE PELZER The exploitation of the child starts from the beginning of human civilization but after the introduction of Industrialization, the exploitation of children increased since then the condition of the child is not too great in our country. Children are the foundation of society. It is a natural process that each member of the society at some point in their life is a child, that's why child rights play a significant role in the protection of society. A country cannot make an astounding growth if its children are in a worsened condition. In a country like India where beaucoup rights are provided by the constitution like Article-14 i.e Right to equality[1], Article – 24 Protection of children from hazardous activities[2], and many more, various governmental and non-governmental organizations are working too in the interest of the children. But the question is does all policies by government, precedents by the courts, and works by the governmental and non – governmental organizations are properly implemented? If any of our readers say affirmative about this question then we have to ask ourselves repeatedly why the cases of child abuse are still happening, why child labours are still found and what can we do on our part to make a country where child rights are given utmost importance and how we can take the help of the Judiciary which is also called the guardian of the rights and tackle this problem. Reason for Child Exploitation It is unimaginable that every year about millions of children are being exploited in various ways whether in the form of sexual exploitation, trafficking of a child, early marriage, migration, or child labour. All this happens only because of economic or sexual purposes. The above-mentioned reasons are the basic reasons for child exploitation but as we know our society changes from time to time due to the reasons like growth in technology and various other reasons too. Like in today's era Internet is one of the biggest and most important reasons in terms of sexual exploitation of the child. According to the data of the International Labour Organisation, the total child population in India in the age group of 5-14 years is 259.6 million of these 10.1 million are workers either as the main worker in hazardous. Role of Judiciary in Preventing Child Exploitation Since Independence, the judiciary has taken various steps to eliminate the problem of child exploitation with the help of succinct implementation of various laws, precedents, proper amendments in old laws, and giving various directions in the appropriate authority so, as to reduce the problem of Child exploitation. The Judiciary has tried to cover most of the aspects which come under its jurisdiction like in the case of GAURAV JAIN V. UNION OF INDIA[3] The Supreme Court has held that the child of prostitutes has the right to equality of opportunity, dignity, care, protection, and rehabilitation to be part of the mainstream of social life without any pre-stigma attached to them. Past Scenario In the past, the role of the judiciary for child rights protection was very low as compared to the present scenario. The increase in the role of the judiciary started from the year 1982 till the present, because this is the time period in which we can see that various landmark judgments were given by the Courts especially the Supreme Court has played a very important role in this time period. In the past i.e pre – Independence era the problems like child marriage and Child labour exists but after the Industrial Revolution, there was a major increase in the cases of child exploitation because, machines do not need great physical strength, so the child was the best suitable option to do more works in the fewer wages and because of these heavy workloads they are not able to complete their basic qualification which ultimately leads to their poor holistic development. Present Scenario Judicial Institutions have played a crucial role not only in fixing the issue of child protection but also in expanding laws to counter various problems related to child protection arising in the future too. If we talk about present scenarios related to child protection we can say that the judiciary and government have worked a lot to eliminate this evil as there are around 300 statutory provisions related to the elimination of child exploitation. At present, the judiciary has passed many judgments too for the protection of child rights, which also indicates the positive role of the judiciary in the issue of child exploitation. In the early case of PEOPLES UNION FOR DEMOCRATIC RIGHTS (PUDR) V. UNION OF INDIA, 1982[4] commonly known as the Asian worker's case, the judiciary has shed light on the issue that no children who are above 14 are not allowed to do hazardous work. In this particular case, construction activity was termed as a hazardous activity. In M.C MEHTA V. STATE OF TAMIL NADU AND OTHERS[5] the judiciary has shed light on the concept of “Child labour rehabilitation cum welfare –fund”. In BANDHUA MUKTI MORCHA V. UNION OF INDIA[6], the Supreme Court has passed an order relating to forced employment of children. There are several occasions in which courts have passed various directions to various authorities so that there can be healthy development of a child. The precedents and works by the judiciary will play a great role to counter future conflicts related to child-exploitation Role of Common Man in Protection of Child Rights through Judiciary It is a well-known fact that the judiciary has a wide range of power but we are also aware that in a country that has a population of more than 136 crores it is impossible to serve justice to every individual. So it is the duty of every individual to take a step forward in eliminating the evil of child exploitation. We can take inspiration from the various social workers like Kailash Satyarthi, Kirti Bharti, and many more who work for child rights and help to eliminate these social evils. How a Common Man Can Approach the Court? A common man can take the benefit of PIL (Public Interest Litigation) a legal tool invented by the Indian Judiciary for giving a voice to vast masses who would otherwise have not been able to access justice because of ignorance, incapacity, and the way the system works. There are many NGOs too who work to protect child rights as they file various PILS in court. They also work towards rehabilitating the child and some NGOs work for the education and health of children. We are well aware that child rights protection helps in the growth of society and the growth of society ultimately leads to the growth of the children. Conclusion It is a high time that child rights need to be protected at any cost otherwise, the future of a country will be at peril. At present we can see that education is a very important tool for every individual to grow in society and there are many instances in which this important right which is provided by the constitution is violated. so, it is the duty of the courts, government, and every individual of the society that these basic rights must be provided to a child. From the brief discussion of the cases which we have discussed in our article, we can imply that the courts have made praiseworthy directions and suggestions in many instances to protect the basic rights of the child but unfortunately these suggestions and implementation are not properly being executed by the government for the protection of child rights. It is the need of the hour that not only there should be stricter provisions relating to child rights but there should be stricter implementation too because stricter laws without stricter implementation are like a man without knowledge. The only reason why child abuse is a live today, is because we as adults fail our children when we fail to listen to them. Listen to a child today. - Heather McClane References [1] Article-14 Right to equality ( Page no. 83, JN Pandey , Fifty-sixth Edition) [2] Article-24 Prohibition of employment of children in factories ( Page no. 406, JN Pandey , Fifty – six Edition) [3] Gaurav Jain V. Union of India , MANU/SC/0789/1997 [4] PUDR V. Union of India , MANU/SC/0038/1982. [5] M.C Mehta V. State of Tamil Nadu and others, MANU/SC/0169/1997 [6] Bandhua Mukti Morcha V. Union of India, MANU/SC/0051/1983 (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

Debashrita Manik, 1st Year, KIIT School of Law, KIIT University A child is always a boon and the apple of the eye to its parents but however, after divorce both the parents want the custody of the child in favour. The honorable court never sees the prosperity of the parents but the child to whom it matters. The court apportions physical custody to those who have parental skills, adequate financial security, a peaceful environment, and mental well-being for better growth and development of the child. The one getting the legal custody of the child is the one owing to the growth, development, physical and mental welfare of the child while the other one not getting the custody has certain visitation rights. Custody of a child to a single parent is one of the toughest decisions, therefore taking in prior caution with all the viewpoints in and out with full care and attention, the court pronounces the judgment because the future of a child is at risk which depends upon the judgment. MOTHER’S CUSTODY Indian laws have always stated that both the parents have equal rights for the custody of the child but however, according to Section 6(a) of the Hindu Minority & Guardianship Act, 1956, the custody of the child with ripe age should be given to the mother of the child. This act is often interpreted as discrimination between father and mother in connection to custody rights, but this is not the thing, because according to Article 14 of the Indian constitution, discrimination, which has a reason or object behind to achieve is permissible. In such cases, a child at a tender age can only be taken care of by its mother than anyone else, therefore the discrimination against the father is valid because it shows some reason or objects to achieve, which is the well-being of the child. FATHER’S CUSTODY Not necessarily, the custody of a child is always given to its mother. If the minor is old enough to choose its preference and form an intelligent opinion then the court shall consider its preference. In some cases the custody of a child is also given to its father, keeping in mind all the factors required for earning the custody. In the memorable case of Mridangara J. Hira Lal Suchak VS. Neena M. Suchak, the custody of the child was given to the father and the mother got the visitation rights as it was the interest of the welfare of minor Rinku to be in the custody of his natural guardian and his father, the appellant. Sentimental consideration is never an excuse so as to choose the custody of the child, but the welfare of the minor in determining its custody to their father or mother. The court always pronounces the judgment keeping in mind only the welfare of the child. The court further says that the child should be treated as chattel and the father should be treated as a natural guardian. In some cases, even though the child prefers his mother for his own custody then also the court has to dismiss the same provided if the father proves that the mother is unfit or unstable for the welfare of the child. This can also be done at the tender age of the child. This exception comes under Section 6(a) of the Hindu Minority and Guardianship Act, 1956. If the mother is proven ‘unsuitable’ i.e., abusive, neglected, improper employment, failed to provide proper care to the child; then the custody automatically goes to the father, may the age of the child be tender or minor. DRAWBACKS OF CUSTODY FACED BY THE CHILD The battle of custody is the most unfortunate part of divorced families. The benefits of sole custody can be wide-reaching but there are also disadvantages for the same, particularly to those who do not receive it.[1] The non-custodial parent’s visitation to the child at intervals may affect his or her relationship with the child. Apart from getting custody, children having single parents often face usual issues like isolation, hatred, interference, comparison, etc. The impact of their peer groups having both the parents affect a lot. Comparison among friends and relatives is the most common issue among minor children with single parents. In some cases, children often develop natural hatred for the other parent for being away from them since childhood. In some cases, the sole custody owner often puts certain limitations on the visitation of the other parent. Such as limiting the visiting hour, debarring the child to get in contact with the other parent by any mode of communication, intentionally making scenarios for not allowing the child to go out with the other parent, refusing to hand off the child to the other parent for a scheduled visitation. Between the grudges of both the parents, it is the child who is the ultimate sufferer. CHILD’S CUSTODY AND RELOCATION Life is all about change. A change is enough to make things good and help people overcome and accept the harsh past. It is often advised for one or both the parents to go on a vacation or move from the locality after divorce or separation, just for bringing a change. Changing of places often leads to better vibes and moving on from the already darkened days back. Relocation is okay until both the parents have mutually agreed to the agreement and subsequent change in parenting plan. But, in case of any dispute over the move, then the court shall intervene if the relocation is in the interest of the child. CONCLUSION A child’s custody is the worst possible outcome of every divorced parent, whose ultimate sufferers are the child itself and the non-custodial parent. In the battle of anger and hatred for separation, parents often forget about the actual concern of the child. Decisions related to the child’s upbringing is one of the toughest decision the custodial parent had to decide on its own for the proper welfare of the child both physically and mentally. References [1] Women’s Law, "What are some pros and cons of starting a custody case?" (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.)

Dipendu Das and Debarati Pal, 1st Year, National University of Study and Research in Law, Ranchi As we approach the end of the COVID-19 era, the definition of “normal” life has changed dramatically. As the world proved to get a semblance of the situation, students from all over the world faced challenges of coping with academics. The education system is facing a heavy crisis. In addition to the impact on short-term learning outcomes, the prolonged closure of schools has resulted in a loss of human capital and a reduction in long-term economic opportunities. Education is not a privilege, but a human right[1]. The right to education is legally guaranteed in India for children in the age group of 6 to 14 years without discrimination under Article 21A of the Constitution. “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.[2]” It has been clearly stated that education provided by the government will have two features- “free” and “compulsory”. This implies that all educational expenses of a child are to be incurred by the Government, be it the expenses of the digital equipment required for online education or be it the expenses of transportation. What is shocking in India is that despite the implementation of the Right to Education Act, COVID-19 has affected some 290 million children and 6 million of whom are no longer in school[3]. According to a recent survey by Oxfam, up to 80% of Indian students are unable to access online education during the lockdown, and many may not return to class when they reopen physically[4]. These statistics threaten to increase because their families are economically insecure due to the pandemic, leaving them out of school. With their families struggling and economically stricken, their future seems bleak. In this article, we will focus particularly on analysing the reasons behind such shocking statistics, the negligence of the Right to Education Act in the era of the pandemic, and ways in which we can picture a brighter future and strive to bring back children to their learning centres after the pandemic. THE UNDERLYING REASONS No Phones/ Digital Divide India has the second largest school system in the world, behind China[5]. Closing schools to maintain social distancing during the COVID-19 crisis provided the most logical solution to preventing transmission in the community. However, this extended closure has a disproportionately negative impact on the students. In addition to widening the gap in educational inequality, the pandemic has exacerbated existing disparities. Traditional physical learning has completely switched to online, affecting the education of children. This has been especially out of reach for students living in rural villages in India with no access to gadgets, poor internet speed, and connectivity. India is a lower-middle-income country and children in all countries in this category have a very low rate of gadget and Internet access. Only 15% of those under the age of 25, 19% of those aged 15 to 24, and 14% of those aged 3 to 17 have access to devices and the internet in the country[6]. According to the 2018 Broadcast India Survey, 1.3 billion people in India own only 300 million smartphones[7]. In addition, states cannot take for granted that parents will provide their children with the technology to access educational resources on the Internet. For parents making minimum wage, it has always been difficult to send children, particularly girls, to school. The extra burden of providing a smartphone or a device with internet access may push children to the brink and result in the withdrawal from the public school system. This suggests that while students from more affluent families can easily make the transition to distance learning whereas students from disadvantaged backgrounds may succumb to ineffectiveness due to the inaccessibility of technology. This discriminatory ratio and the inaccessibility of gadgets against the rest is evident enough to show the digital divide and its impact on school children in India. No incentives, No mid-day meals, No Inspiration Very few states such as West Bengal and Andhra Pradesh have cared to provide food materials to the families of students from government schools in place of the mid-day meals that students would previously enjoy[8]. Besides this, there has been no incentive provided to the students to rejoin school. In a situation where there is absolutely no inspiration and it is difficult to make ends meet, an environment conducive to learning has been hampered. Family Unemployment Following the outbreak of the pandemic, millions of people lost their jobs in industries, small businesses, and unorganized sectors. Without a stable income where poor families cannot even afford food or medical care, it is practically impossible for them to send their children to school. Before the pandemic, only male members were engaged in working and earning for the families, but unemployment and lockdown have completely changed the scenario. Even female members and children are working to meet the daily needs of the family[9]. As classrooms have been closed and parents have lost their jobs during the pandemic, thousands of families are putting their children to work for survival, undoing decades of progress in reducing child labour and threatening the future of a generation of Indian children. In rural India, a national lockdown imposed in March pushed millions of people into poverty, encouraging children from villages to cities for cheap labour. It is likely that under these circumstances, children are forced to work to feed the needs. Where lives are challenged daily and it is hard to feed the hungry stomach, there is room or hope for education and schooling. NEP The government supports India as a global leader through quality education and this is evident from the newly drafted National Education Policy (NEP) but online education is the new "normal" and the policy needs to go further and examine the feasibility of digitization to ensure fair, equality and quality education. NEP fails to explain online learning platforms with the different dialects, contexts, and lived experiences that are brought together in the classroom[10]. It does not mention schemes through which such platforms would impart fair education and bring the entire student crowd on such platforms. THE INSECURE FUTURE The present education system, if continued as the new normal and without taking any steps to promote equality and methods of bringing the entire student population on the online mode, would lead to a heavily industrial world where the present well-off families who are capable of providing their children with various types of equipment to receive online education will produce the future managers and innovative thinkers of the industrialist world. On the other hand, the downtrodden families struggling to help their kids receive an education will produce future labour or cheap and voluminous manpower. Therefore, this leads us to a world of a sharp divide in our professional lives too where elitism[11] would be promoted as a direct result of the pandemic. ENVISIONING THE WAY AHEAD It is high time that the responsible policy makers should start devising ways in which students could be enrolled back in school. The first methodology that the author feels could work wonders in achieving this goal is to provide ration (even if the quantity would be enough for one member) to the families of children enrolled in government schools now. This could considerably decrease the number of dropouts. All state governments might also consider providing funds for buying minimalist smartphones for children[12] like the West Bengal government[13] since digital education is something that seems like the future and not just a phenomenon of the COVID period. Coachella of California had started providing students tablets and internet access to students and it went a long way to benefit marginalized students and pushed up the graduation rate of students by 10%[14]. The focus should be shifted to the practical application of theories written in books regarding the style of education. This is important because there is no other way that it can be ensured that children diligently learn their courses besides making up for the backlogs of the last year. Since the NEP had come up with a light of hope in the field of practical knowledge[15] above theoretical, it would be best to schedule the implementation of NEP very soon and remove the ambiguity regarding the start of its implementation. Further, schools should be reopened immediately in three shifts of a short time span each in order to ensure the minimum spread of COVID. Meeting friends is surely something that will help children’s voice out their problems[16], give each other support, and feel motivated to study in a group. Group tasks, informal and inspirational discussions would go a long way in promoting a feeling of collectivism and unity in facing problems together, be it financial or emotional, at a time when there exists an air of depression. References [1] Stefania Giannini, Education is not a Privilege, it’s a Legal Right, World Education Blog (Nov. 5, 2018), gemreportunesco.wordpress.com/2018/11/05/education-is-not-a-privilege-its-a-legal-right/. [2] Const. Of India, Art. 21(A). [3] B. K. Chaturvedi, COVID-19 Impact: Six Million Children Out of School in India, The Leaflet (Dec. 10, 2020), www.theleaflet.in/covid-19-impact-six-million-children-out-of-school-in-india/. [4] Aastha Mallick, Over 80% Parents In 5 States Say Digital Schooling Failed During Lockdown: Study, IndiaSpend (Sept. 15, 2020), www.indiaspend.com/over-80-parents-in-5-states-say-digital-schooling-failed-during-lockdown-study/. [5] Stefan Trines, Education in India, WENR (Sept. 13, 2018), wenr.wes.org/2018/09/education-in-india. [6] Gyan Pathak, Indian Students Suffered the Most During COVID-19 as Digital India Failed to Provide Internet Connectivity, The Leaflet (Dec. 5, 2020), www.theleaflet.in/indian-students-suffered-the-most-during-covid-19-as-digital-india-failed-to-provide-internet-connectivity/. [7] Partho Dasgupta, What Broadcast India 2018 Tells Us, Business Standard (Aug. 27, 2018), www.business-standard.com/article/opinion/what-broadcast-india-2018-tells-us-118082700007_1.html. [8] Kritika Sharma, How states are delivering mid-day meals to students during Covid-19 school closure, The Print (March 26, 2020), www.theprint.in/health/how-states-are-delivering-mid-day-meals-to-students-during-covid-19-school-closure/389076/. [9] Deepa Sharma Sood, Ludhiana: Financial Constraints of Family due to Pandemic Driving School Children to Work, Hindustan Times (Nov. 1, 2020), www.hindustantimes.com/cities/ludhiana-financial-constraints-of-family-due-to-pandemic-driving-schoolchildren-to-work/story-CtVUnT172w3nbmDPamuEqN.html. [10] Abhishek Jha, Issues facing online education, Hindustan Times (Aug. 17, 2020), www.hindustantimes.com/india-news/issues-facing-online-education/story-SaG9rbmlRjRnALWqPspjII.html [11] Julian Sims, E-Learning and The Digital Divide: Perpetuating Cultural and Socio-Economic Elitism in Higher Education, Research Gate (Jan., 2008), www.researchgate.net/publication/269093437_E-Learning_and_the_Digital_Divide_Perpetuating_Cultural_and_Socio-Economic_Elitism_in_Higher_Education. [12] Khushpreet Kaur Brar, Naresh Johar, Gursharan Singh Kainth, Tarsem S Bumrah, Shivangi Arora, Saanya Aggarwal & Sahil Hans, Provide Free Smartphone to Every Student in State, The Tribune (Feb. 20, 2021) www.tribuneindia.com/news/amritsar/provide-free-smartphone-to-every-student-in-state-134113. [13] The Wire Staff, Bengal Govt to Give Rs 10,000 to 9.5 Lakh Class 12 Students to Buy Phones, Tablets, The Wire (Dec. 23, 2020) , www.thewire.in/government/online-education-west-bengal-election-mamata-banerjee-tablets. [14] Sampreet Kaur & Ayushi Jain, How to Bridge the Digital Divide in Education, Business Line (June 19, 2020), www.thehindubusinessline.com/opinion/how-to-bridge-the-digital-divide-in-education/article31868853.ece. [15] Rohan Parikh, How NEP has brought a ‘paradigm shift from ‘quantity to quality in the Indian education system, Hindustan Times (Aug. 25, 2020), www.hindustantimes.com/education/how-nep-has-brought-a-paradigm-shift-from-quantity-to-quality-in-the-indian-education-system/story-XFBz9oBdpfN0Zl90I5UmbN.html [16] Randi Mazzella, Friendship and Depression: How to Support a Friend Who’s in Emotional Pain, Psycom, www.psycom.net/depression-central-html/support-friend-emotional-pain/ (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.)

Ateesha Mishra, 4th Year BBA LLB, Banasthali Vidyapith, Jaipur INTRODUCTION Childhood is regarded as one of the most beautiful and exuberance experiences of someone’s life. God has gifted humans blissful memories and delightful experiences. But there is a harsh reality because the children are deprived of rights and equality. Neglecting the rights and happiness of the children means neglecting the growth of the country. Life would be meaningless if the child could not enjoy their rights in society. Through Judiciary we can only save human rights and values. Standard development can only be done by the judiciary and it also plays an important role in making the life of the people, even more, better by providing them the rights. The role of the judiciary plays an important role in judicial interpretation and has been remarked as the statutory intervention in the present era. Equality is one of the important assets of human life which should be guaranteed to every person. India is the largest democracy in the world, a sovereign, socialist, secular, democratic, and republic with a holistic character of the rights guaranteed to the society. For the protection of the children, the Indian judiciary did their work on the method of UNITED NATION CONVENTION ON THE RIGHTS OF CHILD (UNCRC). Under this, the right to protection, right to survival, right to development, and also right to Development is given to the child. So can every child in this world can enjoy their rights and privileges. WHO A CHILD IS? According to International law, a child is defined as a human being who is under the age of 18 years. and this has been a universally accepted definition of the Child which falls under the umbrella of UNCRC (United Nation Conventions on the Rights of the Child ). Similarly, in India, the definition of the child has been recognized the same as UNHRC. In India, 18 years of age is regarded as the legal age for any adult, or we can say it's the legal age. Marriage of a girl below 18 years and marriage of the boys below 21 years is considered to be offenses under the Child Marriage Restraint act 1929. Moreover, India has changed the juvenile justice act and some laws to ensure the proper development and growth of the child. As children are immature and do not have a proper understanding level to make better decisions in their life. So, they need proper attention through these laws. PROTECTION OF CHILDREN UNDER INDIAN PENAL CODE Children are considered as the soul of the god. But the reality is different, nowadays the most common and basic problem is a crime against children. As we know that children are considered to be the most vulnerable group in society because they lack the physical force and do not have enough maturity to understand the case. The Indian Penal Code 1860, under sec 82 says that no child below 7 years can be held liable if any offense happened to him. And sec 83 of IPC talks that under age of 7 and 12 years. No child should be punished for the offense but here the consequences of his offensive action will be taken in court before deciding the case. Like a girl under the age of 16 years cannot give consent for sexual or physical intercourse unless she is married. CHILDREN AND CONSTITUTIONAL RIGHTS Our Indian constitution not only gives rights to Adults or States but also gives rights to children, so can they also enjoy their rights and privileges in society. According to Article 21 of the Indian constitution, every child below the age of six and fourteen years will get free and compulsory education. Similarly, under Article 45 of the Indian Constitution, it is the responsibility of the state for early childhood care and education to all children. Article 51(k) of the Indian constitution, it is the responsibility of the state to look after its child and provide them free education for the overall development. CONNECTION OF CHILDREN AND LABOUR LAW As we know that, there are many cases related to Child labor. These labor laws have been governed for the protection of the children against exploitation. The Child Labour prohibition act came into force in the year 1986. The factories act, 1948 says that children below 12 years of age cannot be employed in any industry. It also says that the adolescents who are under the age of 18 years can be employed as the worker but they can only work for half of the day and they shall also provide the medical benefits for the proper checking of their health. Under labor law, there is a provision that those women whose child is below 10 years can keep their child in trenches. CHILD MARRIAGE AND LAWS As we know that, there are many cases of child marriage nowadays. The Prohibition of Child Marriage Act,2006 states that the male has not reached the majority until 21 years of age and the female hasn’t reached until the age of 18 years of age. There are certain kinds of laws and provisions that were given for the protection of the child who falls under this age of majority. Persian, Muslim, and Christian religion personal laws also agree on the 18 years of majority. The juvenile justice act 2000, gives rights and protection to children. RELATION OF CHILDREN WITH JUVENILE JUSTICE We have come across many different views on child rights and the protection of the child. The Juvenile Justice Act 2015 came into existence for the procedural safeguards in the case of children conflict with the laws or legislation. Many new definitions came into force with this like orphaned, abandoned, and surrendered children. It makes provisions regarding the offense committed by the children or any adult fall under the definition of the juvenile act. It also makes special provisions regarding any heinous crime committed by children above 16 years of age. Case –Sheela Barse v/s Union of India[1] The court observed that children who are in jail should get proper treatment .Children are considered as the natural assets and the pride of the country so they are entitled to get proper facilities. CHILDREN AND PROVISIONS OF HEALTH FACILITIES Children are considered as one of the most important assets in society. Article 38 of the Indian Constitution says the state must provide social wellness and promote the public health of the adult and children. Under Article 39 (f) of the Indian Constitution, children must be given the opportunities to health facilities themselves with dignity and healthy life. Article 47 of the Indian Constitution also elaborates that the state must provide public health and also impose the penalty towards those who didn’t help in assisting in raising the nutrition and standard of living to the people. RIGHT TO EQUALITY AND EQUALITY OF CHILDREN The fundamental rights are guaranteed to protect the rights of the human and safeguard against exploitation. One of the important fundamental rights is the right to equality which is guaranteed under article 14 of the Indian Constitution. Right to equality refers to equal opportunity in the eye of law. when there is any matter of race, religion, place of birth, etc, the state should ensure proper equality towards children. Article 15 of the Indian constitution guarantees, the prohibition of discrimination on the ground of religion, race, caste, sex, gender, and color. PROVISIONS RELATED TO ADAPTATION OF THE CHILD Adoption is considered one of the important concepts of human life. Adoption means an act of taking and rearing the child by the parents. It is subject to personal law. Article 44 of the Indian Constitution, declares the state shall endeavor to secure for the citizen a Uniform Civil Code throughout the country. A child's right as an identity of the family is universally recognized. They are enriched in the United Nation on the Right of the child 1989. Lakshmi Kant Pandey v/s Union of India[2], in this case, it was held by Justice Bhagwati, that any violation of the adoption or non – compliance may lead to adoption to be declared invalid and expose the person concerned with no strict action including prosecution. Sakshi v/s Union of India[3]In this case, the SC asked the law commission for considering certain kinds of children submitted by the petitioner. CONCLUSION We have concluded that the Indian judiciary is playing a very significant role in the development and growth of children in India. They made such laws and provisions which can be beneficial for the welfare and the development of the child. Though there is certain kind of challenges ahead like Child trafficking, female foeticide, child abuse, etc. But with progress, these can be solved soon. Legal reform not only gives justice to the child but also provides an effective preventive manner to bring change to society. The child is like a bud of the plant, which can only blossom when rights will be guaranteed to them. References [1] 1986 SCALE 230(INDIA) [2] 1984 AIR 469 (INDIA) [3]3. 2004 Supp(2) SCR 723 (INDIA) (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.)

Arya Chandrakant Gaddam, 1st yearBALLB (Hons), Maharashtra National Law University, Aurangabad “Little Children are a treasure Their worth you can’t measure.” The reason for quoting these lines from the poem ‘precious little children’ by Ron Zupsic[1] is that I found these lines apt for describing how precious children are. Children are the ones who determine how the world is going to be in the future. They are an important asset of a nation. Children are an eternity of hope in the human being and a promise for growth. Every country, whether established or developing, links its success to the status of a child. A child of today cannot grow into a responsible and productive member of tomorrow's community unless he is assured of an atmosphere conducive to his social and physical health. Neglecting children means sacrificing society as a whole. If children are robbed of their childhood—socially, culturally, physically and mentally—the country is dispossessed of future human capital for social change, economic empowerment, peace and order, social cohesion and good citizenship. Here, Child rights come into play, which ensures healthy and overall development of children and guarantees them basic human rights. Before getting into Child rights, it is vital to understand what really is a “right”. To put it simply, rights refer to something a person is allowed to do or something he is entitled to have which cannot be taken away from him. For ex., every person has the right to three basic necessities of life that is food, shelter and clothes. These are basic rights which are needed to live and it cannot be taken away from a person. However, rights are different from privilege as privilege is something which is earned while on the other hand rights are something a person inherits by birth. Sometimes, rights are also given in form of laws, like fundamental rights in the Constitution of India, thus giving a legal assurance and protection. Rights are significant for the functioning of society as they embody key values like fairness, equity, dignity etc. Most importantly, having rights enables people to speak up against the unjust or poor treatment from the public authorities. They protect the minority from the oppression of the majority. Thus, given this importance of rights, Child rights which are explicitly available for the children under 18 years of age[2], are very crucial for protection of children. Especially in country like India, with given the huge population and various problems like child abuse, child labour, sex trafficking, the significance of child rights increases. To sum up everything stated so far, child rights hold an important position in the proper functioning of society and legal system. The Constitution of India guarantees the rights of children as of any other citizen, but also gives special rights to children. The founding fathers of the Constitution have incorporated specific provisions in chapter III and chapter VI of the constitution through fundamental rights and directive principles of state policy. The UN Convention on Child Rights forms a great source for these child rights. There are some rights in the constitution which are particularly available for children. One of these, often considered the most important one is Article 21A. Over the years, the article 21 has been interpreted by the Supreme Court in different ways. In such a case, Mohini Jain v. State of Karnataka[3]the Court comprehended that the right to life with dignity includes the right to education. Then, this particular article was inserted by Constitution (Eighty Sixth Amendment) Act 2010 and states that “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” This particular article was evolved from a directive principle of state policy (DPSP) which is Article 45. It states that The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. It was stated by the court in the Mohini case that DPSP cannot be isolated from the fundamental rights as they are fundamental in the governance of the state. The other DPSPs which ensure child rights are Article 35(e) and Article 35(f). The Article 35(e) states that health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. This principle protects children against exploitation. On the other hand, Article 35(f) states that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. This ensures overall development of children and protects them from exploitation and abandonment. Another fundamental right available particularly for children is Article 24. This article is fundamental to deal with vicious problem of child labour. It states that No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment Provided that nothing in this sub clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub clause (b) of clause ( 7 ); or such person is detained in accordance with the provisions of any law made by Parliament under sub clauses (a) and (b) of clause ( 7 ). This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception. However, employment in non-hazardous activities is allowed. The Constitution of India also guarantees rights to children, considering children as any other adult. This includes article 14 which protects the right to inequality and Article 15 which is right against discrimination. Also, children are guaranteed right to personal liberty and due process of law under Article 21. Another fundamental right which is related to the labour problems is Article 23 which ensures the right to being protected from being trafficked and forced into bonded labour. There are also some DPSPs which are crucial to know. Article 46 protects people from the weaker sections from any form of social injustice and exploitation. Also, Article 47 ensures the right to nutrition and standard of living and improved public health. Given all these rights bestowed by the Indian Constitution, it can be inferred that there is enough legislation under constitution coupled with acts like Juvenile Justice Act, Protection of Children from Sexual Offences Act and many others. What is important is there should be proper implementation by the executive. There is a large population of children which is still deprived from basic human rights and dealing with tragic problems like child labour, Trafficking, sexual offences and much more. Thus, it is vital that the rights guaranteed under the constitution and the constitutional remedies are easily made available to them. As Justice Bhagwati rightly said, “the child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into the maturity, into fullness on physical and vital energy and most breadth, depth and height of its emotional, intellectual and spiritual being.[4]” Thus, child rights are extremely important. The child rights can only be successful if they reach every child in need, consequently leading to the bright future of children of the country. References [1] Ron Zupsic, Precious Little Children, https://www.familyfriendpoems.com/poem/precious-little-children [2] Juvenile Justice (Care and Protection of Children) Act, 2015 [3] 1992 AIR 1858 [4] Mr Justice Bhagwati child basic rights. op. cit. p. 5 (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.)