for the protection of children. It emphasises in particular, the rights to Ilfe, survival and
development of the child. Art. 6(2) of the CRC makes it obligatory for the State to ensure the
survival and development of the child to the maximum posslble extent. This spirit prevails in
the Directive Principles of the Indian Constitution, e.g., Art. 39 (e) & (0, which require that the
State should direct its policy towards securing for children the oppottunities and facilities to
develop in a healthy manner, in conditions of freedom and dignity, that childhood is protected
against exploitation and the tender age of children is not abused.
The efforts of the Commission seek to give expression to the spirit of Art. 32 of the
CRC, the provisions of Constitution of India and judicial pronouncements of the Supreme
Court. These provisions recognise that the child has a right against economic exploitation and
the performing of any work which is likely to be hazardous or interfere with the child's education
or be harmful to the child's health or development.
The Indian Constitution, in its Art. 24, prohibits employment of children in factories
and other hazardous enterprises and Art. 45 mandates that the State shall endeavour to
provide free and compulsory education for children upto the age of 14 years of age.
16.
Sexual exploitation of woman: Rajasthan
(Case No.68S20197-98)
The Commission received an anonymous complaint alleging that a 24 year old woman
had been forcibly detained and was being sexually abused by certain persons at Jaipur for the
last 2-3 years. According to the complaint, the woman had a young child and was in a pitiable
condition and the culprits were planning to force her into prostitution. The Commission took
cognizance of the anonymous complaint. A report submitted by S.P. (Rural) Jaipur on notice
from the Commission stated that both the suspected persons had been contacted and that, as
they belonged to a respected family, their involvement was ruled out. The report also stated
that no such woman as mentioned in the complaint could be located. Not satisfied with the
report, the Commission deputed its investigation team for an on-the-spot inquiry. The
Commission's team, alongwith local police, rescued the woman on 13 April 1998.According to
the report of the investigation team, she was recovered from the house of one Manoharlal
Sharma, a criminal, and was found to be undernourished, in ill health and in traumatized
condition. She was sent for medical examination and was found to be pregnant. According to
the report, a case under relevant provisions of the IPC was registered and 6 persons, including
a police constable, were identified as being responsible for her desperate condition; two of
them had already been arrested. The Commission considered the report of its investigation
team and noted that the law had been set in motion. Further, taking note of the travails of the
victimized woman as well as the trauma that she had undergone, the Commission recommended
that the Government of Rajasthan accord her appropriate assistance, inter alia by providing
her suitable employment.