The Preamble of the
United Nation’s Convention on the Rights of Child recognizes the right to
development of a child and states “the child, for the full and
harmonious development of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love and understanding”
The convention
mentions in:-
Article 27
“1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.”
In India children are prone to malnutrition
which severely affects their mental and physical growth. To ensure proper
development of a child the government of India developed The National Food
Security Act or The Right to Food Act. This Act includes Mid-Day
meal scheme, Integrated Child Development Services scheme and Public
Distribution Scheme. According to this Act children upto the age of 14 are
entitled to nutritious meals as prescribed by nutritional standards.
There are social issues in India which
hinders all-round development of a child both male and female. One such social
evil is child marriage which is deeply rooted in Indian society. The Prohibition
of Child Marriage Act, 2006 ensure that no male below the age of twenty and
no female below eighteen should be tied in the contract of marriage. This
ensures every time to fully develop mentally, physically and morally.
“2. The parent(s) or others responsible for the child have the primary
responsibility to secure, within their abilities and financial capacities, the
conditions of living necessary for the child's development.”
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.
The
Right of Children to Free and Compulsory Education states that it is the responsibility of
parents to send their children( 0-6yrs) in school or participate in Early Child
Care and Education (ECCE) programmes and appropriate government to provide
pre-primary education to children (3-6yrs)
Since education is
the primary requirement for the development of child so-
Article 29
“(1). States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations
(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own
(e) The development
of respect for the natural environment.”
To
dominantly implement the United Nations’ Convention regarding development of
children the Government of India drafted and amended The Right of Children
to Free and Compulsory Education in 2009. The main purpose of this act is
to outline the provision for quality education for all children between the
ages of 6 to 14.
Article 28
“(1). States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
The convention even
has recognized the Right to Development for children with physical disabilities
or in conflict with the law and as follows respectively.”
Article 23
“(3).
Recognizing the special needs of a disabled child, the State shall provide
services free of charge, whenever possible, taking into account the financial
resources of the parents or others caring for the child and shall be designed
to ensure that the disabled child has effective access to and receives
education, training, health care services, rehabilitation services, preparation
for employment and recreation opportunities in a manner conducive to the child's
achieving the fullest possible social integration and individual development,
including his or her cultural and spiritual development.”
The Chapter two of The Right of Children
to Free and Compulsory Education calls for equal opportunities for disabled
children.
According to chapter V of Persons with
Disability Act, children with disability should be provided free education
by appropriate government.
Article 40
“(4).
A variety of dispositions, such as care, guidance and supervision orders;
counselling; probation; foster care; education and vocational training
programmes and other alternatives to institutional care shall be available to
ensure that children are dealt with in a manner appropriate to their well-being
and proportionate both to their circumstances and the offence.”
Disclaimer:
The above information are as per UNCRC
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