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Children’s Protection In Historical India


Vaibhavee Jaipuriar, Research Scholar, Department of Law, Faculty of Legal Studies and Research, Sai Nath University, Ranchi

Dr. Nagendra Kumar Sharma, Asst. Professor, Department of Law, Faculty of Legal Studies and Research, Sai Nath University, Ranchi


"There can be no keener revelation of a society's soul than the way in which it treats its children".

- Nelson Mandela


ABSTRACT


This study explores the historical evolution of children’s protection in India, examining developments across the ancient, medieval, and pre-constitutional modern periods. In ancient India, child welfare was rooted in cultural and religious principles outlined in texts like the Vedas and Manusmriti, emphasizing familial duty and the moral responsibility of society. The joint family system and educational frameworks like the Gurukul provided foundational protection, though gender and caste hierarchies often influenced the treatment of children. The medieval period, shaped by Islamic rule, introduced legal mechanisms such as guardianship under Sharia law and institutional interventions like orphanages, alongside challenges like child labor and slavery. The colonial period marked the beginning of legislative frameworks, including the Factory Act of 1881 and the Child Marriage Restraint Act of 1929, addressing exploitation and societal issues. Social reformers like Raja Ram Mohan Roy and Mahatma Gandhi played pivotal roles in advocating for child welfare. Despite progress, systemic inequalities persisted, highlighting the need for comprehensive reforms. This historical analysis underscores the cultural and legal legacies shaping child protection in India, offering insights into contemporary policy development.


Keywords: child protection, ancient India, medieval India, modern India, child welfare, guardianship, child labor, legislative reforms, social reformers, Indian history.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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