Exploring India’s Fundamental Rights Landscape

13/06/24

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In the developmental sphere, we must consider child development approaches from the perspective of child rights. This is because these rights, which belong to every child, offer children a greater sense of legal protection. Fundamental rights of child in India are formally enshrined in the Constitution of India and are also embodied in the work and ambitions of NGOs and the Government of India. It is also crucial to understand how India’s NGOs are working to champion these rights. NGOs work to implement these rights in collaborative efforts, working in partnership with the government and a wide range of other stakeholders.

Starting from broad provisions that encompassed general welfare clauses, India has developed its child rights framework in accordance with its ratification of the United Nations Convention on the Rights of the Child (UNCRC) in 1989. Since then, over the years, the nation’s understanding, appreciation, and implementation of child rights have evolved significantly. It has been strengthened and become more proactive, as a result of both national priorities and international frameworks.  

The shift has been from a mindset of welfare-based approaches to rights. This means that children are not merely to be treated as recipients of kindness, welfare, charity, and support; in fact, they are autonomous rights-holders who cannot be deprived of essentials.

Right to Education

The right to education ensures free and compulsory education for all children in the 6-14 age group. This right can be seen as the building block of a child’s future growth and their trajectory towards fulfilment. NGOs work in partnership with the government, reaching children with innovative educational programs so that education is accessible and relevant for children. It is one of the most basic fundamental rights for children.

Right to Protection

Children must be protected from all forms of abuse, exploitation, and neglect. Child rights NGOs, acting as agents of advocacy, rescue, and rehabilitation, can move children out of distress and into better circumstances.

Right to Health

Guarantees the right to health and mandates state provision of adequate health care facilities for children. At the government level, this can be seen in national health programmes that offer them access to immunisation, nutrition, and disease prevention. NGOs provide supplementary health services, and nutritional programs, and conduct health awareness campaigns.

Right to Expression

Children are allowed to express their opinions in matters that directly concern them. This right is afforded to them by the principles outlined in the UNCRC which India has formally ratified.

The role of synergy and partnership between NGOs and the government plays a key role in implementing child rights. NGOs can strengthen and give greater reach and scale to child rights. They also strengthen the formulation, implementation, and monitoring of policies at the grassroots level. Acting as ‘watchdogs’, they can flag off any lapses and ensure that there is accountability and responsibility. They use their comprehension of grassroots realities to bring forward innovative approaches and solutions. Their solutions, built with a thorough understanding of child rights, are designed to work with government partnerships.

This developmental approach of working within a dynamic interplay of governance, implementation, legal frameworks, and active NGO engagement is what defines the fundamental rights of child in India today. This is a journey that continues to grow from strength to strength and needs continuous efforts and investment. Every child in India must know their rights and also pathways to access them. They must be duly empowered, in the way the Constitution of India intends for them.

Bal Raksha Bharat, also known as Save the Children, is a leading child rights organization in India. Since its inception in 2004, it has been implementing a holistic approach to child rights, addressing numerous aspects of childhood such as access to health and nutrition, quality education, protection from harm, and supporting psychosocial needs. Their efforts strive to protect children from exploitation and provide them with equal opportunities and
fundamental rights for children. Bal Raksha Bharat collaborates closely with communities, government bodies, and donors. Their initiatives include facilitating access to healthcare, bridging gaps in education, or providing crucial humanitarian aid during emergencies. Over the years, they have touched the lives of over 1 crore young children through their outreach programmes.

Soumi Halder

Manager-Program Campaign and Communication, Programme Support

“With over 20 years of dedicated experience in the social development sector, I am passionate about championing child rights and community empowerment through innovative communication strategies. I am Manager for Programme Campaigns and Communication with Bal Raksha Bharat (Save the Children)."