top of page
Search
  • Shreya Sinha

ROLE OF JUDICIARY IN PROTECTING CHILD RIGHTS

Ateesha Mishra, 4th Year BBA LLB, Banasthali Vidyapith, Jaipur

 

INTRODUCTION

Childhood is regarded as one of the most beautiful and exuberance experiences of someone’s life. God has gifted humans blissful memories and delightful experiences. But there is a harsh reality because the children are deprived of rights and equality. Neglecting the rights and happiness of the children means neglecting the growth of the country. Life would be meaningless if the child could not enjoy their rights in society.

Through Judiciary we can only save human rights and values. Standard development can only be done by the judiciary and it also plays an important role in making the life of the people, even more, better by providing them the rights. The role of the judiciary plays an important role in judicial interpretation and has been remarked as the statutory intervention in the present era. Equality is one of the important assets of human life which should be guaranteed to every person. India is the largest democracy in the world, a sovereign, socialist, secular, democratic, and republic with a holistic character of the rights guaranteed to the society.

For the protection of the children, the Indian judiciary did their work on the method of UNITED NATION CONVENTION ON THE RIGHTS OF CHILD (UNCRC). Under this, the right to protection, right to survival, right to development, and also right to Development is given to the child. So can every child in this world can enjoy their rights and privileges.


WHO A CHILD IS?

According to International law, a child is defined as a human being who is under the age of 18 years. and this has been a universally accepted definition of the Child which falls under the umbrella of UNCRC (United Nation Conventions on the Rights of the Child ). Similarly, in India, the definition of the child has been recognized the same as UNHRC. In India, 18 years of age is regarded as the legal age for any adult, or we can say it's the legal age. Marriage of a girl below 18 years and marriage of the boys below 21 years is considered to be offenses under the Child Marriage Restraint act 1929.

Moreover, India has changed the juvenile justice act and some laws to ensure the proper development and growth of the child. As children are immature and do not have a proper understanding level to make better decisions in their life. So, they need proper attention through these laws.


PROTECTION OF CHILDREN UNDER INDIAN PENAL CODE

Children are considered as the soul of the god. But the reality is different, nowadays the most common and basic problem is a crime against childr