1) Introduction : 

          The human rights are inalienable. "Human person possesses right because of the very fact that it is a person, a whole, a master of itself and after of its acts... by natural law, the human person has the right to be respected, is the subject of rights, possesses rights. Every person under the age of 18 years is a child. The Indian Constitution guarantees certain fundamental rights to all Indian citizens including children.

2) The rights guaranteed under the constitution of India :

    Right to Equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights such fundamental rights are provided by the constitution for the citizens of India including children.

    According to article 15(3) of the Indian Constitution, State can make separate law for women and children.

    Article 24 of the Indian Constitution prohibit employment of a child below the age of 14 years in any factory or mine or its engagement in any other hazardous employment.

         The Indian Constitution Article 39 clause (E) and (F) provide that the State, in particular, direct its policy towards securing (E) that the health and strength of workers, men and women and the tender age of Children are not abused and that citizens are not forced by economic necessity to enter a avocations and to their age or strength;

       (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and the childhood and youth are protected against exploitation and against moral and material abandonment.

      Article 45 provides for free and compulsory education for children, that the state shall endeavor to provide within a period of 10 years from the commencement of the Constitution for free and compulsory education, for all children until they complete the age of 14 years

3) Rights of child before the Enforcement of the Indian Constitution -

              Even before the enforcement of the Indian Constitution The Employment of child Act,1938 ensured the protection of children from being exploited in certain circumstances.
             The said Act prohibited the employment of children below 12 years in any workshop from where the process of Bidi manufacturing, explosive, fireworks, Mica cutting, soap manufacturing and wood cutting were carried on. Later on child labor protection and Regulation Act 1986 replaced the aforesaid former act.

See also 

   Human Rights of Children and International Instruments to Protect their Rights 


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