28 NATIONAL HUMAN RIGHTS COMMISSION Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Gaps between UNCRC & Indian Laws (G) and Recommendations(R) j) Article 350A 58 directs states to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. Rights of Persons with Disabilities Act, 2016 G19: Many of the schools in India do not have disabled friendly infrastructure as required to ensure the right guaranteed to children with disability under section 3 (3) of Right To Education Act. a) Section 3 59 : Government shall ensure that the person with disability enjoys the right to equality, life with dignity and respect for his/her integrity equally with others. b) Section 4 (1)60 : Government shall take measures to ensure that children with disability enjoy their life equally with others. R19: Full compliance of the provisions of the Rights of Persons With Disabilities Act 2016 regarding access should be ensured to provide disabled friendly infrastructure in all places required to be accessed by disabled children. 3. The Indian Majority Act, 1875 a) Section 3(1) 61: every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before. 4. The Indian Partnership Act, 1932 a) Section 30 62: Minor can be a partner for benefit of the partnership. G20: Many children in CCIs do not have identity proof and the date of birth which deprives them of benefits of all Govt. Schemes including Aadhaar. United Nations Convention on the Rights of the Child(UNCRC) Article 16 45 No child shall be subjected to arbitrary or unlawful interference with his or her privacy. Article 17 46 States Parties shall ensure that the child has access to information and material aimed at promotion of his or her social, spiritual and moral well being and physical and mental health. Article 23 Recognizes special needs of a children with disabilities. Article 24 State shall take appropriate measure to combat disease and malnutrition, provide for adequate nutritious food and clean drinking water. Ensure appropriate pre natal and post natal health care for mothers. Article 26 47 (Social Security): Children – either through their guardians or directly – have the right to benefit from the social security schemes of the Government. 2. 5. The Right of Children to Free and Compulsory Education Act (RTE), 2009 The Act describes the modalities of the importance of R20: Children in CCIs who do not have date of birth or any other identification, it should be the responsibility of CCIs to ensure the identity proof for such children.