CHILD RIGHTS 3

CONSTITUTION OF INDIA

Children on account of their tender age and immature mind need special care and protection. They have certain special rights and legal entitlements that are being acknowledged nationally and internationally. The constitution of India recognized the rights of children for the first time and included several articles dealing with their liberty, livelihood, and development of childhood, non-discrimination in educational spheres, compulsory and free education and prohibition of their employment in factories, mines and hazardous industries. Socially and physically children are the weakest element of the society. They are not responsible for many of the cases and do not deserve to suffer. They have no say in any of the matters of evils like war or external debt. It has been rightly stated in the 1924 declaration of rights of the child (declaration of Geneva) that has now been used for all child causes “mankind owes to the chills the best it has to give”. Children are the future. By investing in them societies will have a bright future?

Right to education
Article 21-A of the constitution states that “right to education-the state shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the state may, by law determine.

The Supreme Court in its liberal interpretation of life and liberty as under Article 21 held that the term liberty not only includes liberty but also includes livelihood but also the right of human beings to live with dignity and that also includes the right to education, and therefore, right to education is a fundamental right under the constitution. The case of Mohini Jain case came to be fortified by the supreme courts subsequent constitution bench of Unnikrishnan’s case, which held that right to education can be restricted to primary educational level and not to higher secondary level.

Article 45 Provision for early childhood care and education to children below the age of six years-
The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.