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Constitutional Protection and Legislative Safeguards for Child Rights: Indian Perspective
Constitutional Protection and Legislative Safeguards for Child Rights: Indian Perspective
Publisher : PJPCR
Author(s)
Nikhil D.
Abstract
This paper presents a comprehensive analysis of child rights protection in India through constitutional provisions and legislative frameworks. India, home to 472 million children (39% of its 1.3 billion population), faces significant challenges in ensuring access to healthcare, education, and protection from exploitation. The study examines international instruments including the UN Convention on the Rights of the Child (UNCRC), Geneva Declaration, and International Covenant on Civil and Political Rights, followed by India's specific constitutional protections under Articles 21A, 24, and directive principles. Major legislative safeguards including the Protection of Children from Sexual Offences Act 2012, Juvenile Justice Act, Child Labour (Prohibition and Regulation) Act, and Right to Free and Compulsory Education Act 2009 are analyzed. The paper identifies critical gaps in implementation, particularly in rural areas where 73% of Indian children reside with limited access to basic facilities. While landmark Supreme Court judgments and various national policies demonstrate India's commitment to child welfare, the research concludes that legislative measures alone are insufficient without robust implementation mechanisms and targeted regional interventions.