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A STUDY OF WELFARE PROVISIONS FOR CHILDREN UNDER THE CONSTITUTION AND NATIONAL POLICIES OF INDIA
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A STUDY OF WELFARE PROVISIONS FOR CHILDREN
UNDER THE CONSTITUTION AND NATIONAL POLICIES OF INDIA
AUTHORED BY - RADHA MOHAN
PANDEY[1]
ABSTRACT
William Wordsworth, the
well-known English poet had long ago said that “The child is father of the man.” which means that the activities,
emotions and behavior that a person develops in his or her childhood goes a
long way in building his or her personality. Children are one of the important
assets of a nation and hence, their welfare cannot be underestimated in any
civilized society. The health and well-being of children is vital for the
future well-being, growth and development of the entire society and therefore,
no child deserves to be left behind.
According to Census of
India 2011, 37% of the total population of the country consists of children who
are below the age of 18 years. Children are one of the most vulnerable sections
of society. The Founding Fathers of our Constitution very well knew that the
India of their dream would not be a reality if the children of the country are
not well educated and if their rights are not protected. Therefore, the
Constitution mandates various provisions for welfare of children. There are also various national policies that
concern themselves with child welfare and protection of children’s rights.
The main objective of this
paper is to analytically study the various provisions provided for the welfare
of children under the Constitution as well as the national schemes and policies
of India. The paper aims to study how these provisions and policies have
impacted the lives of children in our country. The paper also aims to address
the issues faced by children and attempts to provide few solutions for the
same.
Keywords: Children, child rights, child welfare, Constitution, National Policies.
INTRODUCTION
Education, proper care,
and welfare of children help in development of their overall personality and
help them to grow as per their full potential.
When we think of the word
“children”, the first thing that comes into our mind is an image of a small and
tender human being. Children are not mature enough to properly differentiate
between right and wrong or good and bad, and they also find it difficult to
determine the nature of their actions. Therefore, they depend on their parents,
guardians, elder siblings, teachers and other adult members of their family for
most of their work. Hence, it is the duty of the elders to assist the children
in their proper physical, mental and psychological growth so that they develop
as good, disciplined and healthy citizens.
However, often there are
instances of violations of child rights which adversely affect the overall
health and well-being of a child. The issue of child rights violation and child
abuse is a serious matter of concern even in the 21st century. Also,
the alarming issue of poverty, malnutrition, and lack of access to proper
education also persist. Therefore,
discussing the concept of child welfare becomes essential because it
facilitates in proper development of children and makes sure that every child
has an equal opportunity to access the resources like education, healthcare as
well a healthy environment to nurture.
The issue of Child welfare
can hardly be ignored in a civilized society. Children are the future of a
country. The healthy growth of a nation’s children ensures the healthy growth
of that nation. It is rightly said that “children become what they learn” thus,
for the proper and healthy growth of a child it is utmost important that a
child should grow and be brought up in a healthy atmosphere of affection, care
and positivity.
The UN has always kept
children at the center of their programmes and policies. The Declaration of the
Rights of the Child passed by the UN way back in the year 1959 emphasized that
as children are physically and mental
immature, hence they need special care and safeguard. Our Constitution makers
were wise. They were aware of the fact that India of their vision would turn
into reality only if the children of the country are nurtured and educated. And
thus, the exploitation of children had to be made punishable.[2]
This research article
analytically studies the Constitutional provisions, legislations and National
policies that ensure welfare of children.
The paper also examines the effect of these provisions on children. The
paper concludes by suggesting as to what more needs to be done to improve the
condition of children in the Country.
This research paper is
concerned with the following objectives:
1. To elucidate the
importance of child rights and child welfare.
2. To ascertain the position
of children in India.
3. To explain the concept of
child welfare in India.
4. To study the child welfare
provisions mandated by the Constitution of India.
5. To study the legislations
and policies related to child welfare in India.
6. To provide solutions for
further improvement in condition of children in India.
This paper aims at
answering the following questions which would aid in achieving the
abovementioned objectives.
1. What is the importance of
child welfare?
2. What is the position of
children in India?
3. How is child welfare being
done in India?
4. What are the
Constitutional provisions that provide for child welfare?
5. What are the various
policies for welfare of Children in India?
6. Whether the existing
programmes and policies are sufficient for welfare of children?
CHILD WELFARE PROVISIONS UNDER INDIAN CONSTITUTION
Child welfare is necessary
as it ensures safety, health, well-being and holistic development of children.
Protecting the future of nation i.e. the children from physical and
psychological abuse, exploitation and neglect is crucial in creating a just
society.
Our country is a welfare
state and hence child rights are well recognized by our Constitution. The
Constitution of India provides for a number provisions which specially talk
about welfare of the children. Part-III,
IV and IV-A dealing with fundamental rights, directive principles and
fundamental duties specifically focus on children. As we know that children
require special protection, Article
15(3) talks of protective or positive discrimination and says that the
State can make special provisions for women and children.
Education is a basic human
right. It is a fundamental right of every child necessary for the growth and
development.[3] In Mohini Jain v. State of Karnataka[4] it was observed that right to education
is an important part of right to life and theright to life and dignity can be
ensured only if it guarantees right to education.[5]
Similarly, in Unni Krishnan v. State of A.P.[6],
right to education was held as fundamental right under Article 21 of the
Constitution. Likewise, Article21-A,
inserted by 86th Amendment to the Constitution provides for free as
well as compulsory education to children aged between six to fourteen years.
For a democratic system of government to be successful, education is necessary.
Through education, an individual gets human dignity and development , thus he
contributes in the development of his country.[7]
Furthermore, Article 24 of the Constitution mandates
that every child who has not attained fourteen years of age can be employed in
mine or factory which carry out work which is hazardous in nature. Article 39(e) mandates for protecting
health as well as strength of workers, men and women. It also provides that the
policy of the State should be directed as such to protect the tender age of
children from abuse. Article 39(f) provides or giving equal
opportunities to children so that they can develop in healthy manner with
dignity and freedom. It also states that children are protected from any kind
of exploitation or abandonment.
In the landmark case of M.C.
Mehta v. State of Tamil Nadu[8],
it was held that children who are below the age of fourteen years should not be
employed in any industry, or mine that carries out hazardous work.
Our Constitution, thus,
provides right to health, social-protection, education, and well being to every
child without any kind of discrimination.[9]
Article 45 of the Constitution mandates that the state has to make
provision for free and compulsory education for all children who have not
attained 14 years of age. In Unni Krishnan Case[10],
the directive principle provided under Article 45 was given the status of a
fundamental right.[11]
Further, Article 51A (k) which was inserted by
the 86th Constitutional
Amendment deals with giving education opportunities by a parent or guardian
to their child who are in the age group of six to fourteen years.
NATIONAL POLICIES IN INDIA RELATED TO CHILDREN
Since Independence, a
number of policies and schemes are framed in pursuance of the provisions of the
Constitution which contribute in welfare of the children in our country. These
schemes and policies are of vital importance as they have a significant impact
on law-making and have the effect of supporting rights.[12]
Some of the important policies for child welfare are as follows:
Integrated Child Development Services (ICDS) Scheme: The ICDS scheme is an
important initiative that provides health and nutrition services to the young
children. It was launched in 1975 with
an aim of early childhood development programs. It not only deals with pre-school
education but also with eradicating issues like hunger, malnutrition,
morbidity, etc. It is concerned with providing pre-school education to children
of three to six years of age, supplementary nutrition, immunization, health
check-ups, and referral services to children below six years as well as
pregnant and lactating mother. The ICDS
scheme has played a significant role in improving the health and nutritional
status of children of 0-6 years. It also lays a foundation for physical, social
as well as psychological development of children by effective coordination of
policy and its proper implementation for the promotion of child development.[13]
Integrated Child Protection (ICPS) Scheme: This scheme deals with
creating a protective environment through the partnership of government and
civil societies for children who are in difficult circumstances and also for
the children who are vulnerable.[14]
National Child Labor Project Scheme: This scheme aims to
eradicate child labour in all its forms by identifying children who are doing
child labor as well as withdrawing them. Moreover, it prepares such children
for introducing them to mainstream education. It also makes sure that such children
receive the benefits of the services provided by the government as well as
various agencies.[15]
Sarva Siksha Abhiyaan:It was launched in 2001
with the motto “Sab Padhein, Sab Badhein”
or ”Education for all”. It aimed
to universalize the elementary education and to compulsorily educate all
children who are between the age group six and fourteen.[16]
National Commission for Protection of Child Rights (NCPCR): The NCPCR aims at the protection
of all children till the age of 18years. It was formed under the Commission for
Protection of Child Rights Act, 2005. It
examines and reviews the rights and safeguards which are provided for
protecting child rights and also recommends measures for the proper
implementation of these safeguards.
Beti Bachao Beti Padhao Scheme: Launched in 2015, it aims to deal with the rapidly
declining child sex-ratio alongside dealing with women and girl child
empowerment, protection and education.
Sukanya Samriddhi Yojana: It is an important schemethat focuses on
encouraging the parents of a girl-child to save for their future, education and
marriage expenses. It was launched as a part of BBBP campaign.[17]
PM CARES for children scheme: It was launched in 2021for
supporting children who have lost their parents due to covid-19 pandemic. Under
it, such children are given financial assistance in the form of monthly
stipends when they attain 18 years of age as well as a fund of 10 lakh Rupees
once they turn 23. It also provides free health insurance to such children
under the Ayushman Bharat Yojana till 18 years.
Poshan Abhiyaan: It deals with
eradicating malnutrition through the help of sensitizing people to adopt
behavioural changes. It aims at improving the health of children by providing
nutritional food to children, women as well as adolescent girls.[18]
National Health Policy 2017:
It
deals with achieving universal health coverage to deliver quality health care
services to everyone at a reasonable price. Along with various important
targets, it aims at reducing infant mortality as well as the under-five
mortality.[19]
National Education Policy (NEP),2020: It aims at introducing
several reforms in education at both school and higher education level. It
ensures universal access at each level of schooling as well as quality early
childhood care and education to each child who is of three to six years of age.
It provides for a holistic and multidisciplinary approach to education.
Further, it also aims to increase the Gross Enrollment Ratio till secondary
level to 100 percent by 2030 and to increase the GER at higher education level
to 50 percent by 2035.[20]
PM POSHAN SCHEME: The Mid-day meal scheme
was renamed as ‘Pradhan Mantri Poshan
Shakti Nirman’ or ‘PM POSHAN’
scheme. Along with providing healthy meal to school going children,it also
focuses on monitoring their nutritional levels. As per the scheme, special
arrangements for nutritional items would be made in the districts which have
high cases of anemia.[21]
CONCLUSION
The Constitutional
Provisions and the National Policies have played a vital role in the welfare of
children in India. Article 15(3) of the Constitution allows for special for
special provisions for children in order to promote their rights and interests.
Further, the Directive Principles emphasizes the state’s duty for ensuring
equal opportunities and facilities to children so that they can develop in a
healthy manner. The National Policy for Children,2013 aims at accomplishing
holistic development of children and providing them proper health, education
and protection. Furthermore, the Right to Education Act promotes inclusivity by
ensuring free and compulsory education for children who are aged 6 to 14 years.
Moreover, legislations such as the Juvenile Justice (Care and Protection of
Children) Act provides for a framework for care protection and rehabilitation
of such children who are in conflict with law.
Overall, these welfare
provisions and policies have contributed a lot in creating an environment that
safeguards and protects the rights, health, well-being and development of
children in our Country.
[1] LL.M. Student, School
of Law, Galgotias University
[2] Mamta Rao, Law Relating to Women
and Children, 4th Edition, Eastern Book Company, 2018, p.566
[3] https://timesofindia.indiatimes.com/readersblog/lawpedia/children-and-right-to-education, Last Visited on
January 13, 2024.
[4] Mohini Jain v. State of
Karnataka (1992) 3 SCC 666
[5] Ibid.
[6] Unni Krishnan vs. state
of Andhra Pradesh (1993) 1 SCC 645
[7] J.N. Pandey,
Constitutional Law of India, Central Law Agency, 56th edition 2019,
p.374
[8] MC Mehta v. State of
Tamil Nadu AIR 1997 SC 699
[9] Mamta Rao, Law Relating
to Women and Children, 4th Edition, Eastern Book Company, 2018,
p.567
[10] Unni Krishnan v. State of Andhra
Pradesh (1993) 1 SCC 645
[11] J.N. Pandey, Constitutional Law of
India, Central Law Agency, 56th edition 2019, p.503
[12] Mamta Rao, Law Relating to Women
and Children, 4th Edition, Eastern Book Company, 2018, p.568
[13] https://wcd.nic.in/Integrated-child-development-services-icds-scheme , Last visited on 13
January 2024
[15] https://byjus.com/free-ias-prep/national-child-labour-project-scheme/ Last visited on 12 January 2024
[18]
https;//www.drishtiias.com/blog/nutritional-policies-and-programs, Last visited
on 13 January 2024
Article Information
A STUDY OF WELFARE PROVISIONS FOR CHILDREN UNDER THE CONSTITUTION AND NATIONAL POLICIES OF INDIA
Authors: RADHA MOHAN PANDEY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/22
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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