Child Rights Jurisprudence: Balancing Protection And Autonomy
- IJLLR Journal
- Sep 26
- 1 min read
Keerthana. M, Asiga Ganesh & Karuppiah. B, KMC College of Law
ABSTRACT
Child rights jurisprudence in India has traditionally emphasized protection, often prioritizing shielding children from harm over recognizing their agency. This paper argues that the evolution of child rights jurisprudence represents a fundamental shift in legal philosophy, from a Blackstonian paternalistic model to a synthesis of Will and Interest theories of rights. Traditionally, Indian law, reflecting a classic Hohfeldian structure of immunities and disabilities, has emphasized protection, viewing children as passive objects of state parens patriae. However, contemporary scholarship and the UNCRC challenge this, advocating for a model that recognizes children as right-holders with evolving legal personhood. This paper employs a jurisprudential lens to analyze the Indian legal framework, contrasting it with natural law foundations of inherent dignity and positivist statutory interpretations. It evaluates how theories of rights (Feinberg, Hart, Raz) provide a philosophical basis for balancing protection with progressive autonomy. The study concludes that a coherent child rights jurisprudence must embrace a hybrid model, transforming the child's legal status from a mere beneficiary of duties to an active participant in the Hohfeldian jural relationship.
