Human Rights – Issues, Challenges and Contemporary Concerns: Children
(Indian Context)
Children constitute one of the most vulnerable sections of society and occupy a central place in human rights discourse. Unlike adults, children are dependent on family, society, and the state for survival, development, and protection. As a result, violations of children’s rights often occur silently within social institutions that are otherwise considered protective, such as the family, school, workplace, and community.
In the Indian context, children’s human rights raise complex questions about poverty, inequality, social norms, state responsibility, and developmental priorities. Despite constitutional guarantees and legal protections, millions of children continue to face deprivation, exploitation, and abuse, making children’s rights a major contemporary human rights challenge.
Children as Rights-Bearing Individuals
Modern human rights discourse recognizes children not merely as passive recipients of care but as rights-bearing individuals. Children possess inherent rights to:
- Life and survival
- Development and education
- Protection from abuse, neglect, and exploitation
- Dignity and participation
This rights-based approach marks a shift away from viewing children solely as dependents toward recognizing them as individuals with evolving capacities and entitlements.
In India, this shift remains incomplete, as social attitudes often prioritize parental authority and social control over children’s autonomy and well-being.
Constitutional and Legal Framework for Children’s Rights
India’s commitment to children’s rights is grounded in the Constitution of India, which provides both direct and indirect protections. The Constitution guarantees:
- Equality before law and non-discrimination
- Protection of life and personal liberty
- Prohibition of child labour in hazardous occupations
- Promotion of education and welfare of children
In addition, children’s rights are supported by various laws and policies aimed at protection, education, and social welfare. However, constitutional and legal provisions often face challenges in effective implementation.
Right to Survival, Health, and Nutrition
One of the most fundamental human rights concerns relating to children in India is the right to survival. Issues such as infant mortality, malnutrition, lack of access to healthcare, and unsafe living conditions continue to affect a large section of children.
Malnutrition and poor health not only threaten children’s lives but also impair physical and cognitive development, limiting their future opportunities. From a human rights perspective, denial of nutrition and healthcare constitutes a form of structural violence, rooted in poverty and social inequality.
Right to Education and Development
Education is central to the realization of children’s human rights. It enables children to develop their capabilities, participate in society, and escape cycles of deprivation.
While India has made education a legal entitlement, challenges persist in:
- Quality of education
- School dropouts
- Gender and caste-based disparities
- Digital exclusion
Education, when unequal or inaccessible, reinforces existing social hierarchies and undermines the promise of equal opportunity.
Child Labour and Economic Exploitation
Child labour remains one of the most visible violations of children’s human rights in India. Economic necessity, social acceptance, and inadequate enforcement contribute to the persistence of child labour, particularly in informal sectors.
Child labour violates:
- The right to education
- The right to health and development
- The right to dignity
From a human rights standpoint, child labour reflects not individual parental failure but systemic socio-economic injustice, requiring state intervention and social reform.
Children, Abuse, and Violence
Children are particularly vulnerable to physical, emotional, and sexual abuse. Such violations often occur in private spaces, making detection and accountability difficult.
Human rights concerns include:
- Domestic abuse and neglect
- Sexual exploitation and trafficking
- Institutional violence
Violence against children undermines their dignity, security, and psychological well-being, leaving long-term consequences. Protecting children from violence is therefore a core human rights obligation of the state.
Children in Situations of Vulnerability
Certain groups of children face heightened human rights risks, including:
- Street children
- Children affected by displacement and migration
- Children belonging to marginalized communities
- Children with disabilities
Their experiences highlight the intersection of children’s rights with broader issues of poverty, caste, gender, and social exclusion.
State Responsibility and Institutional Challenges
The state bears primary responsibility for safeguarding children’s human rights through:
- Legal protection and enforcement
- Welfare and rehabilitation programs
- Access to education, health, and nutrition
However, institutional challenges such as inadequate infrastructure, lack of trained personnel, weak monitoring, and bureaucratic delays often limit effectiveness. This gap between legal commitment and practical realization remains a major concern.
Contemporary Challenges and Emerging Concerns
In recent years, new challenges have emerged in the domain of children’s human rights:
- Digital exploitation and online abuse
- Impact of economic crises on child welfare
- Unequal access to technology and learning resources
- Mental health concerns among children and adolescents
These issues require adaptive and forward-looking human rights responses.
Children’s Rights, Society, and Democracy
Children’s rights are closely linked to the quality of democracy and governance. A society that fails to protect its children undermines its own future.
Human rights demand not only protection but also participation, ensuring that children’s voices are heard in matters affecting them, in age-appropriate ways. Recognizing children as citizens-in-the-making reinforces democratic values of inclusion and dignity.
Conclusion
Children’s rights represent one of the most urgent and complex human rights challenges in India. While constitutional provisions and legal frameworks provide a strong normative foundation, deep social inequalities, economic pressures, and institutional weaknesses continue to deny millions of children their basic rights.
The Indian experience demonstrates that protecting children’s human rights requires more than laws—it demands sustained public investment, social awareness, accountable institutions, and a commitment to equity and justice. Ensuring the rights of children is not only a moral and legal obligation but also a prerequisite for a just, democratic, and humane society.
References
- Sen, Amartya. Development as Freedom
- Nussbaum, Martha. Creating Capabilities
- Bajpai, Asha. Child Rights in India
- Constitution of India
- UNICEF. State of the World’s Children Reports
