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  • Shreya Sinha

ROLE OF JUDICIARY IN PROTECTING CHILD RIGHTS

Nikhil Singh and Vineet Tripathi, 4th Year, Amity University Uttar Pradesh Lucknow Campus

 

The role of Justice in India and the scope of legal interpretation have grown exponentially in recent times, in part due to the rapid growth of legal interventions at the present period. Justice plays a vital role in protecting the basic rights of citizens and non-citizens alike. The protection of equality before the law and for equal protection of the laws are recognized as the two most important pillars of human rights in the universe; this is where the freedom to guarantee human rights is realized. India's constitution lays the foundation for its foreign policy and international obligations are respected. These principles are set out in particular in Article 51 occurs in part IV of the Constitution of India.

Austin described the law as a political mandate his sovereignty and sovereignty were inseparable and complete, only a legislature could legislate. The function of the court was simply to proclaim the existing law or to interpret the law but on the other hand, the United States truth organization is the latest branch of Sociological Jurisprudence focused on the decisions of the courts of law. Humble law is what the court says. To them, the judges are law-abiding citizens. Every common law is the creation of English courts but based on the myth that a judge simply found the law. Despite such a casual view of their role, the judges of England not only made law but also modify them to suit the completely new conditions created by the industrial change in the modern era Judicial Activism emerged as a tool to protect the Rights of the Child including protection from sexual exploitation, child trafficking, child abuse, etc.


CHILD LABOUR AND THE RIGHT TO EDUCATION

“Education is a human right with immense power to transform. On its foundation rest the cornerstones of freedom, democracy, and sustainable human development.”[1]

Education is a vital part of economic and social development. It is important in building people skills and opening opportunities. Education plays a vital role in shaping social and professional growth. The termination of child labour must precede the introduction of compulsory education because compulsory education and labour laws for children are intertwined. Article 24 of the Constitution prohibits the employment of a child under the age of 14. Article 45 adds to Article 24 because if a child cannot be employed under the age of 14 it should be kept in something else educational institution.

In M.C. Mehta v. Status of Tamil Nadu[2] The Supreme Court instructed that children should not be employed in hazardous work in factories to make matchboxes and explosives, and that good child welfare measures should be taken such as and to improve their quality of life.

Unni Krishnan, J.P. & Ors. v State of Andhra Pradesh[3] Justice Mohan noted that “in educational institutions which are sowing seeds a culture, in which children are wrapped up in the future of their own hands, trained. From them, positions will arise as government officials and soldiers, religious zealots, and philosophers, will determine global progress.”


LABOUR AND CHILD WELFARE AND LOCUS STANDI