REPORT BY THE SUB-COMMITTEE ON UNCRC
27
Provisions in the Constitution of India and
Domestic Legislation/Policy Measures in
Consonance with UNCRC
United Nations Convention on
the Rights of the Child(UNCRC)
Article 6 40(Survival and
Development):
Children have the right to live. Governments should ensure that children
survive and develop healthily.
Article 12 41 Child who is capable of forming his/her own views shall
have the right to express those views
and views of the child to be given
due weight.
Article 13 42 Child shall have the
right to freedom of expression; this
right shall include freedom to seek,
receive and impart information and
ideas.
Article 14 43States Parties shall
respect the right of the child to
freedom of thought, conscience and
religion. Rights and duties of parents
and legal guardians to provide directions to the child according to their
evolving capacity
Article 15 44 States Parties recognize the rights of the child to freedom of association and to freedom
of peaceful assembly.
1.
Constitutional Provisions on Education
a) Article 21 Right to life and personal liberty.
b) Article 21A 52makes free and compulsory education a Fundamental Right for all Children of the age of
6-14 years.
c) Article 28 53 Freedom as to attendance at religious
instruction or religious worship in certain educational
institutions.
d) Article 29 54 No citizen shall be denied admission
into any educational institution maintained by the State
on grounds only of religion, race, caste, language or any
of them.
e) Article 30 55 Right of minorities to establish and
administer educational institutions.
f) Article-39 Statesshall direct its policies towards
securing; the tender ages of children are not abused due
to any economic necessity.
g) Article 39(f) 56Children are given opportunities and
facilities to develop in a healthy manner. Children are
protected against exploitation and abandonment.
h) Article 45 Provision for early childhood care and
education to children below the age of six years.
i) Article-243G (item 25 of Schedule 11). 57
Provides for implementation of child care measures by
seeking to entrust programmes of women and child
development to Panchayats.
Gaps between UNCRC
& Indian Laws (G) and
Recommendations(R)
G18: Apparently with the legislations and Schemes as mentioned in
the second column, in India there
are no gaps in the UNCRC and the
existing Indian laws. However, there
are implementation challenges that
need to be overcome.
R18: Awareness programmes should
be carried out to popularise the
welfare schemes so that the benefits
reach all the intended beneficiaries.
For effective implementation; trained manpower, dedicated funds and
consistent efforts are needed.