Protection of children’s rights in administration
Protection of Children’s Rights in Administration
Children, being vulnerable members of society, require special protection and care. Various administrative mechanisms—government agencies, child welfare boards, and regulatory authorities—play a key role in safeguarding children’s rights relating to health, education, protection from exploitation, and overall well-being.
Key Areas of Protection in Administrative Law
Right to Education: Ensuring free and compulsory education.
Protection from Exploitation: Preventing child labor, trafficking, and abuse.
Right to Health and Nutrition: Access to basic healthcare.
Right to Shelter and Care: Protection for orphans and street children.
Juvenile Justice: Fair treatment and rehabilitation of children in conflict with the law.
Courts have intervened to ensure that administrative authorities fulfill their obligations under various laws and constitutional provisions, particularly Articles 15(3), 21, and 39(f) of the Indian Constitution.
Important Case Laws Protecting Children’s Rights in Administration
1. Mohini Jain v. State of Karnataka (1992)
Context: This case dealt with the right to education as a fundamental right.
Explanation:
The Supreme Court held that the right to education is implicit in the right to life under Article 21. The government’s failure to provide free and compulsory education violates children’s fundamental rights.
Administrative Impact:
This ruling compelled the government to establish and maintain adequate infrastructure and administrative mechanisms to implement free education policies.
2. People’s Union for Democratic Rights v. Union of India (1982)
Context: The case challenged the employment of children in hazardous industries.
Explanation:
The Supreme Court held that employing children below the age of 14 in dangerous occupations violates constitutional protections. The Court directed the government to enforce laws prohibiting child labor strictly.
Administrative Impact:
It mandated administrative vigilance and proactive enforcement against exploitation of children.
3. Bandhua Mukti Morcha v. Union of India (1984)
Context: The Court addressed bonded labor, including child bonded labor.
Explanation:
The Court directed administrative authorities to rescue and rehabilitate bonded laborers, especially children, and ensure strict compliance with laws protecting children from bonded labor.
Administrative Impact:
Strengthened the role of administrative agencies in rescuing and rehabilitating child laborers.
4. Sheela Barse v. Union of India (1986)
Context: Protection of juvenile prisoners.
Explanation:
The Court criticized the deplorable conditions of children in adult jails and ordered separate juvenile homes and administrative reforms to improve facilities for children in conflict with law.
Administrative Impact:
Led to the establishment of specialized juvenile justice boards and child-friendly administrative procedures.
5. Centre for Enquiry into Health and Allied Themes (CEHAT) v. Union of India (2011)
Context: Protection of children from sexual abuse in juvenile homes.
Explanation:
The Supreme Court highlighted the failure of administrative authorities in preventing sexual abuse of children in juvenile homes and mandated strict monitoring and reforms.
Administrative Impact:
Emphasized administrative accountability and regular inspections of child-care institutions.
6. Vishal Jeet v. Union of India (2020)
Context: Right to education during COVID-19 lockdowns.
Explanation:
The Court directed administrative authorities to ensure that children, particularly from disadvantaged backgrounds, have access to digital or alternative learning modes, emphasizing the state's duty to protect the right to education in emergencies.
Administrative Impact:
Enhanced the obligation on administrators to ensure inclusive education.
7. Missing Children Cases - Vishal Jeet v. Union of India (2017)
Context: Addressed the issue of missing and trafficked children.
Explanation:
The Court mandated administrative mechanisms like tracking systems, coordinated action by police and child welfare departments, and setting up of shelters for rescued children.
Administrative Impact:
Improved administrative coordination and child protection mechanisms.
Summary of Administrative Duties Emerging from These Cases
| Case | Administrative Duty Emphasized |
|---|---|
| Mohini Jain v. State of Karnataka | Provide free and compulsory education; infrastructure setup |
| People’s Union for Democratic Rights | Enforce prohibition of child labor in hazardous industries |
| Bandhua Mukti Morcha | Rescue and rehabilitate bonded child labor |
| Sheela Barse v. Union of India | Separate juvenile homes, improve conditions for juvenile offenders |
| CEHAT v. Union of India | Monitor child-care institutions; prevent abuse |
| Vishal Jeet v. Union of India (2020) | Ensure access to education during emergencies |
| Vishal Jeet v. Union of India (2017) | Strengthen mechanisms to find and protect missing children |
Conclusion
The judiciary has played a crucial role in directing administrative authorities to uphold and protect children's rights. These cases underscore the importance of proactive administration in:
Implementing child protection laws.
Providing adequate facilities for education and rehabilitation.
Monitoring child welfare institutions.
Protecting children from exploitation and abuse.
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