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  • Shreya Sinha

Role of Judiciary in Protecting Child Rights

Updated: Jan 22, 2022

By Hitesh Pachauri and Vernit Tripathi, 3rd Year, New Law College, Bharati Vidyapeeth Deemed to be University, Pune

 

Introduction

“CHILDHOOD SHOULD BE CAREFREE, PLAYING IN SUN; NOT LIVING A NIGHTMARE IN THE DARKNESS OF SOUL”-DAVE PELZER

The exploitation of the child starts from the beginning of human civilization but after the introduction of Industrialization, the exploitation of children increased since then the condition of the child is not too great in our country. Children are the foundation of society. It is a natural process that each member of the society at some point in their life is a child, that's why child rights play a significant role in the protection of society. A country cannot make an astounding growth if its children are in a worsened condition. In a country like India where beaucoup rights are provided by the constitution like Article-14 i.e Right to equality[1], Article – 24 Protection of children from hazardous activities[2], and many more, various governmental and non-governmental organizations are working too in the interest of the children.


But the question is does all policies by government, precedents by the courts, and works by the governmental and non – governmental organizations are properly implemented? If any of our readers say affirmative about this question then we have to ask ourselves repeatedly why the cases of child abuse are still happening, why child labours are still found and what can we do on our part to make a country where child rights are given utmost importance and how we can take the help of the Judiciary which is also called the guardian of the rights and tackle this problem.


Reason for Child Exploitation

It is unimaginable that every year about millions of children are being exploited in various ways whether in the form of sexual exploitation, trafficking of a child, early marriage, migration, or child labour. All this happens only because of economic or sexual purposes.


The above-mentioned reasons are the basic reasons for child exploitation but as we know our society changes from time to time due to the reasons like growth in technology and various other reasons too. Like in today's era Internet is one of the biggest and most important reasons in terms of sexual exploitation of the child. According to the data of the International Labour Organisation, the total child population in India in the age group of 5-14 years is 259.6 million of these 10.1 million are workers either as the main worker in hazardous.


Role of Judiciary in Preventing Child Exploitation

Since Independence, the judiciary has taken various steps to eliminate the problem of child exploitation with the help of succinct implementation of various laws, precedents, proper amendments in old laws, and giving various directions in the appropriate authority so, as to reduce the problem of Child exploitation.


The Judiciary has tried to cover most of the aspects which come under its jurisdiction like in the case of GAURAV JAIN V. UNION OF INDIA