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Home › Articles › हिंदी Child Rights in India: A Quest for Protection and Justice Related toSocial Justice Published on16 October 2024 India’s children make up over 35% of the population, representing not just a significant demographic but also the very foundation of the nation’s future. Their well-being directly influences the country’s social, economic, and cultural progress. Ensuring a safe, healthy, and nurturing environment for every child is not only a legal obligation enshrined in our Constitution and laws, but also a deep moral responsibility shared by families, communities, and the state alike. Yet, despite sustained efforts over the years, a large number of children in India continue to face serious threats to their development and safety. Issues such as child labor, trafficking, early marriage, malnutrition, abuse, and restricted access to quality education still impact millions. These persistent challenges make child protection not just an ongoing concern but a national priority. In this article, we delve into the key challenges affecting child rights in India, examine the legal and policy framework that governs child protection, and shed light on some of the latest government and civil society initiatives working to build a safer, more inclusive, and empowering environment for every child. The Legal Landscape of Child Rights in India India has developed an extensive legal framework to protect children. However, a deep understanding of these laws, their practical implementation, and the barriers to their success is essential to appreciate the complexity of child rights protection. 1. Juvenile Justice (Care and Protection of Children) Act, 2015 Scope and Significance: The Juvenile Justice Act provides the foundation for handling cases involving children in conflict with the law and those in need of care and protection. It encompasses measures for rehabilitation, social reintegration, and legal protection. Amendments and Challenges: The 2021 amendment further empowers district child protection units and sets guidelines for the adoption process. However, the act faces significant challenges in execution, including the need for specialized juvenile courts and trained personnel. Current Status: Recent studies indicate that while awareness about the JJ Act has increased, its application remains inconsistent across states. This lack of uniformity poses a significant barrier to achieving comprehensive child protection. 2. Protection of Children from Sexual Offences (POCSO) Act, 2012 ↗️ Provisions and Objectives: POCSO addresses offenses of sexual abuse, harassment, and exploitation of children. It mandates child-friendly procedures for reporting, recording, and trial to reduce trauma. Recent Developments: In 2023, the government issued new guidelines to improve coordination between police and child protection agencies under POCSO, aiming to reduce case pendency. However, rural regions still struggle with underreporting due to social stigma. Challenges in Implementation: Lack of awareness about POCSO, cultural taboos, and the absence of support systems in schools and communities make it challenging for children to report cases of abuse, limiting the act’s effectiveness. 3. The Right to Education (RTE) Act, 2009 Objective:The Right to Education (RTE) Act, enacted in 2009, marks a landmark moment in India’s education policy framework. It guarantees free and compulsory education for all children aged 6 to 14 years, recognizing education as a fundamental right under Article 21A of the Constitution. The Act aims to enhance literacy levels, promote social empowerment, and ensure equal opportunities for all children, irrespective of their socio-economic background. Gaps in Educational Access:While the RTE Act succeeded in significantly improving enrollment rates, especially in primary schools, the real challenge lies in retaining students and ensuring the quality of education. High dropout rates persist, particularly among girls, Scheduled Castes (SCs), Scheduled Tribes (STs), and children from economically weaker sections. Several underlying issues contribute to this: Inadequate infrastructure in many government schools, including lack of toilets (especially for girls), electricity, clean drinking water, and proper classrooms. Shortage of trained teachers and high pupil-teacher ratios, affecting personalized learning and classroom management. Safety concerns, including long travel distances and cases of bullying or discrimination, further discourage attendance. Thus, while access has expanded, meaningful inclusion and quality learning remain areas of concern. Pandemic Setback:The COVID-19 pandemic delivered a serious blow to the progress made under the RTE framework. Nationwide school closures led to an abrupt shift to online learning, which was inaccessible to many children, especially those in rural areas, urban slums, and tribal belts.The digital divide exposed deep inequalities: Many families lacked smartphones, internet access, or electricity, making remote education impossible. A significant number of children, particularly girls, were pushed into domestic chores, child marriage, or work, leading to permanent dropouts. Learning loss and mental health issues became prominent among students who were unable to return to formal schooling. These setbacks reversed some of the critical gains of the past decade, underlining the need for resilient education systems and policy reforms that focus on continuity, equity, and digital inclusion. Persistent Issues: Challenges Hindering Child Rights Despite these legislative efforts, systemic issues continue to impact children’s rights, especially in economically and socially vulnerable communities. 1. Child Labour and Economic Exploitation The magnitude of the Issue: According to the 2023 National Census, around 10 million children are involved in labor, with many in hazardous industries such as mining, construction, and agriculture. Root Causes: Poverty, lack of education, and family indebtedness drive children into the labor force. Additionally, economic downturns exacerbate this issue, with COVID-19 pushing more families into poverty, thereby increasing child labor. Key Initiatives: The National Child Labour Project (NCLP), operational in select districts, offers rescued children educational and skill-based programs to prevent relapse into labor. However, limited resources restrict its reach. 2. Health and Malnutrition Malnutrition Statistics: Around 35% of Indian children under five years suffer from stunted growth due to poor nutrition. In rural areas, lack of access to nutritious food, healthcare, and early intervention remains a pressing issue. Government Programs: The Integrated Child Development Services (ICDS) program and Anganwadi centers provide supplementary nutrition and healthcare. However, these programs often suffer from inadequate infrastructure, low funding, and staff shortages, limiting their efficacy. Impact of Malnutrition: Malnutrition affects cognitive and physical development, making children more susceptible to diseases,