CRC and Indian Position

  • Chahat Mittal
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  • Chahat Mittal

    Student at Maharaja Agrasen Institute of Management Studies, India

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Abstract

A child means every human being below eighteen unless the age of majority is attained earlier under the law applicable to the child. Adopted by the United Nations in 1989, the CRC is an international agreement legally binding on the parties signatory to it. It is based on four basic principles: 1. Non-discrimination (Article 2), 2. Best Interest of the Child (Article 3), 3. Right to Life Survival and Development (Article 6), and 4. Right to be Heard (Article 12) The Constitution, in its Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy), guarantees rights to the children of India under the articles mentioned below. Right to Constitutional Remedies when Rights of Children are Infringed If the above-mentioned fundamental rights are infringed, the appropriate courts may be approached. The constitution has provisions for constitutional remedies in Article 328 and Article 226. The research paper showcases other policies in India that have been taken to safeguard the rights of children and various steps to protect the children as well. Children, owing to their developing minds, are vulnerable to their environment. It is of utmost importance that such an environment is suitable for their growth and development, regardless of whether such child conflicts with the law or not, and be given adequate care and protection of the law. No nation can flourish if children of such a country suffer; therefore, with the help of various international, national, and state mechanisms, India tries to secure children's rights, as discussed above.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1867 - 1878

DOI: https://doij.org/10.10000/IJLMH.113486

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