Child Rights in The Constitution of India
Child Rights in The Constitution of India
Child Rights in The Constitution of India
In the Constitution
Directive Principles of State Policy (Part IV) are guidelines for the
framing of laws by the government and not enforceable by the
courts, but the principles on which they are based are fundamental
guidelines for governance that the State is expected to apply in
framing and passing laws.
The Fundamental Duties set out in Part IV–A are the moral
obligations of all citizens to help promote a spirit of patriotism and to
uphold the unity of India and they are not legally enforceable.
Fundamental Rights
Fundamental means Basic. All rights that are basic to
every human being has been listed by the
Constitution Under Fundamental Rights:
Right to equality
Right to Equality Before Law (Article 14)
lRight against discrimination (Article 15) The State must
make special provisions for women and children (Article
15 (3)).
lRight to be protected from Untouchability (Article 17)
Right to Freedom
lRight to Freedom speech and Expression (Article 19) (Includes the
right to know; Creative expression
¡To assemble peaceably and without arms
¡To form associations and unions
¡To move freely throughout the territory of India
¡To practice any profession, occupation or carry on trade and
business
lRight to life and personal liberty (Article 21) (Right to a life with
dignity)
lRight to free and compulsory elementary education for all
children in the 6-14 year age group (Article 21 A) Inserted
after 86 th Amendment in 2006
lProtection against arrest and detention (Article 22)
Right Against Exploitation
Article 45. 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.
This has now changed
l Before we refer to the international conventions and norms having relevance in this
field an the manner in which they assume significance in application judicial
interpretation, we may advert to some other provisions in the Constitution which
permit such use....Article 253- Legislation for giving effect to international
agreements. Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the territory of
India for implementing any treaty. Agreement or convention with any other country or
countries or any decision made at any international conference, association or other
body
Constitutional Provisions must be backed by law, policy and
programmes and schemes