Who is a Child?

Child is a person who is below 18 years of age.

What is Child Rights?

Child Rights are specially classified human rights of persons below the age of 18 years. As per Article 15(3) of the Constitution of India, the State can make special provision for children and such special provisions cannot be construed as violation of Right to Equality (Article-14) as enshrined in the Constitution.

As per 2(6) CPCR Act 2005 ‘Child Rights’ includes the children’s rights adopted in the UNCRC on 20th November, 1989 and ratified by the Government of India on 11th December, 1992.

Broadly four kinds of rights conferred on children in UNCRC

Right to Survival: A child’s right to survival begins before a child is born. According to Government of India, a child’s life begins after twenty weeks of conception. Hence, the right to survival is inclusive of the child’s right to be born free, right to minimum standards of health, food, shelter, clothing, and the right to live with dignity.

Right to Development Children have the right to all forms of development: Emotional, Mental and Physical. Emotional Development is fulfilled by proper care and love of a support system, Mental Development through education and learning and Physical Development through recreation, play and nutrition.

Right to Protection: A child has the right to be protected from neglect, exploitation and abuse at home, and elsewhere.

Right to Participation A child has a right to participate in any decision making that involves him/her directly or indirectly. There are varying degrees of participation as per the age and maturity of the child.

The Assam State Commission for Protection of Child Rights has been constituted under Section 17 of the Commissions for Protection of Child Rights Act, 2005 read with Government notification No. SWD 79/93/Pt. V/136 dated 4th March 2010 for protection and promotion of survival, development, protection and participation rights of the children.

Section 13 and 14 of the Commission for Protection of Child Rights Act, 2005 empowers the Commission to examine and review safeguards provided by the laws pertaining to protection of child rights and recommend measures for their effective implementation.

In addition to the functions assigned to the Commission under section 13 and 14 of the CPCR Act, 2005, the Commission is also mandated to monitor the implementation of the provisions of the Protection of Children from Sexual Offences Act, 2012, under section 44 and section 31of the Right of Children to Free and Compulsory Education Act, 2009 empowers the Commission to examine and review safeguards provided under this Act and recommend measures for their effective implementation.

The Commission in dispersal to its role and its pursuit to create a better environment for the children, has visited the various districts of the state and conducted review meetings with line departments to review the status of implementation of the Laws, Acts, Schemes, and Programmes meant for child protection and development.