Saturday, August 18, 2012

Indian Constitution & International Charters on Prevention of Child Exploitation

article is written by one of our authors  Shashank Sahay .

Indian Constitution on Exploitation of Children

Child labour in India, constituion
Child Labour is still a growing concern in India
There are certain provisions under Indian Constitution are provided for the protection of the children from exploitation and abuse and of course for the welfare of the children.

Article 39 provides certain safeguard to the children from exploitation and from the deprivation of the basic human dignity. According to Article 39 (e) of the Constitution, the state shall in particular, direct its policy towards securing that the tender age of the children are not abused and that citizens are not abused and that citizens are not forced by economic necessity to enter avocation unsuited to their age of strength. So by invoking this provision of Article 39 (e) of the Constitution, children can be protected from the abuse of dignity of life which may include sexual abuse. (Image taken from here.)

Moreover, as an preventive measure,
under Article 39(f) of the Constitution, the state shall direct its policy towards securing that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and that childhood and youth are protected against exploitation and against morals and material abandonment. So by invoking this provision of Constitution of India, the protection of children and development of their personality may be secured and the children may be protected from exploitation and abuse, committed against them.

In addition to it, provision of Article 45 of the Constitution may be considered as preventive measure against exploitation of children, Article 45 of the Constitution provides the states shall endeavor 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. This provision of Constitution of India is actually providing the protection of human dignity of children.

All is required at the present is that the Government and the concerned body to act strictly in accordance to the laws laid forward by the Constitution of India. If they succeed in doing so, most of the problems and the social stigma related to child abuse/exploitation will get withered away and become history.

International Charter Protecting the Rights of the Children

If one goes through the world wide survey, he can find that throughout the world there has been gross violation of human right in respect of the basic human rights of the children. They have become the subject to socio-political and economical exploitation and various types of crimes, such as procuration of minor girls, selling and buying of girls for prostitution and forceful begging after making physical deformation; various types of physical torture, assault including child rape, kidnapping and abduction for the aforesaid purposes.

But against these exploitations and offences committed against the children, both in national and international level, some initiations have been taken to protect the children from exploitation and for the betterment of child health both mental and physical and also for maintaining the dignity of life.

On 10th December, 1946, the General assembly of the United Nations adopted the Universal Declaration of Human Rights, which provides some protection for safeguarding the right of the children and protecting them from exploitation. By Article 3 and 5 of the Declaration, dignity of life of human being has been proposed to be protected, which also includes the protection of children undoubtedly.

Exploitation of Children India, Child rights in India
United Nation’s General Assembly unanimously adopted the Declaration of the Rights of the Child, 1959, on 20th November, 1959, on 20th November 1959. United Nations in this declaration reaffirmed their faith in fundamental human rights and in dignity and worth of the human beings. As per provision of Article 2 of this declaration, the child shall enjoy special protection and shall be given opportunity and facilities, by law and by other means to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner in the conditions of freedom of dignity. As per provisions of Article 9 of the declaration, the child shall be protected against all forms of neglect, cruelty and exploitation and they shall not be subject of traffic in any form. (Image taken from here.)

So through these instruments along with other instruments, the rights of the children and their protection against exploitation have been provided at international level and they are considered as the basic international instruments regarding protection of children against their exploitation.

article is written by one of our authors  Shashank Sahay .

Shashank Sahay is pursuing BA.LLB from School of Law, Kiit University, Bhubaneswar and is currently in 2nd Semester. So far he has managed to write research paper and articles on issues ranging from homosexuality, AFSPA (Armed Forces Special Millitary Act), JIHAD to status of marital rape in India. Apart from writing research papers, his interests include MUNning (model united nations) and playing Football.

Keywords:Indian child exploitation, child rights in india  international, Declaration of the Rights of the Child, 1959, child neglect cruelty , Shashank Sahay kiit university, United Nations, Article 39 and 45


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