Journal of Advances in Developmental Research

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Reconceptualizing Child Rights in India: A Critical Analysis of the Legal Framework for Child Protection and Welfare

Author(s) Rajendra
Country India
Abstract This article argues that “child rights” in India require reconceptualization along two axes: first, as a rights-bearing constitutional subject whose dignity, development, and participatory agency are legally cognizable; and second, as a governance-and-institutions problem in which formally robust statutes routinely underperform due to structural implementation failures. The analysis uses doctrinal methods (text, structure, adjudicatory interpretation, and institutional design) to evaluate the interaction among constitutional norms, statutory frameworks, judicial remedies, and India’s international commitments.
The constitutional architecture contains both enforceable protections (notably equality, life and personal liberty, and protections against exploitation) and directive principles that explicitly position children as subjects of state responsibility. Article 15(3) authorizes “special provision” for women and children; Article 23 prohibits trafficking and forced labour; Article 24 prohibits child employment in factories, mines, and other hazardous work; Article 39(e)-(f) casts the child as a vulnerable bearer of developmental dignity requiring protection against abuse and exploitation.
Keywords Child Rights in India; Child Protection Law; Juvenile Justice; POCSO Act, 2012; Right to Education; Child Labour Regulation.
Published In Volume 6, Issue 2, July-December 2015
Published On 2015-08-06
Cite This Reconceptualizing Child Rights in India: A Critical Analysis of the Legal Framework for Child Protection and Welfare - Rajendra - IJAIDR Volume 6, Issue 2, July-December 2015.
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