GLOBAL CONCEPT OF CHILD RIGHTS AND PERSONAL LAWS IN INDIA GOVERNING THE RIGHTS OF CHILDREN

This article is a theoretical one which analyses the rights of children under personal laws in India and also
the difficulties faced by them. Children are the persons who are below the age of 14 years. Children have to be
protected in each country. The Universal Declaration of Human Rights had mentioned in its Article 25 that
childhood is entitled to special care and assistance. The International Covenant on Civil and Political Rights under
Article 23 and 24 and the International Covenant on Economic, Social and Cultural Rights under Article 10 made
provisions for the care of the child.
The Convention on the Rights of the Child (CRC) was adopted by the General Assembly on November 20,1989 which came into force on September 2,1990. The Convention had 196 State Parties. India is also one of
the State Party which has adopted the CRC. The CRC is the first globally binding treaty for the protection of
children’s civil, political, economic, social and cultural rights. It provided a bill of rights for children. According to
this Convention, Article 1 states that a child means every Human being below the age of 18 years unless under the
law applicable to the child, majority attained is earlier. There are totally 54 Article in the Convention on the Rights
of the Child. Article 2 to 42 stipulates about the rights of the child to preserve his or her identity, including
nationality, name and family relations as recognized by law without unlawful interference. Article 43 to 54 are
about how adults and government should work together to make sure that all children get all their rights. Many
Optional Protocols were also adopted to protect the rights of children. Article 21A of the Indian Constitution
provide for free and compulsory education of all children in the age group of 6 to 14 years as a Fundamental
Right. Article 24 of the Constitution of India provides that no Child below the age of 14 years shall be employed
in any factory or mine or engaged in any other hazardous employment.